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HomeMy WebLinkAbout20210986 Ver 2_W-5601EY Permit Package Supporting Information - REV 11012022_20221101REVISED November 1, 2022 W-5601 EY Pre -Construction Notification Supporting Information Table of Content -Maps and figures: Pages 2-4 -Environmental project commitments for aquatic species: Pages 5-6 -Coordination with USFWS regarding project for aquatic species: Pages 7-17 -Recent survey results for federally protected species: Pages 8-24 -NCDEQ DWR Determination of applicability to the Neuse Buffer Rules and Mitigation Rules (July 22, 2019) Pages 25-26 -USACE Jurisdictional Determination (February 11, 2021): Pages 26-35 -Historic Architecture and Landscapes No Survey Required Form: Pages 36-38 -No Archaeological Survey Required Form: Pages 39-40 -Categorical Exclusion: Pages 42-46 Table of Content -New Nov. 1, 2022 -Catawba Indian Nation information: Page 47 -Mitigation information: Pages 48-49 -Permits from agencies: Pages 50-63 -Permit drawings: Pages 64-79 -Previous PCN electronic copy from 7/28/2021: Pages 80-88 -Consultation 08022022: Pages 89-95 $ � � 9 � % 2 E F Juniper North am \ , j#n_w,■a o in ƒ ■�� § £ % 2 5 � � � q, - �� � » � Project Site # ƒ � a y® . � MtPleasant 2w O ±5 / 1mi � z 0gburn Crossroads } 2 t FNI eU �� N C D O T Division 5 Project Delivery Unit W-58O]EY NC 42 at SR 2727(Sabs Road) Wake Count Vicinity Map Figure 1 qp "ORTry C�O' � NCDOT Division 5 Project Delivery Unit � x q 9 � OFTPP W-5601 EY NC 42 at SR 2727 (Sauls Road) Wake County USGS Topo Map Figure 2 FINAL Construct Eastbound Left Turn Lane on NC 42 at the SR 2727 (Sauls Road) Intersection Environmental Commitments The following "Design Standards in .Sensitive Watersheds" [I SA NCAC 04B. 0124 (b) (eJi are incorporated into NCDOI'proiects that occur within or upstream of water bodies that contain federally protected aquatic species. Within the Environmentally Sensitive Areas, the following shall apply: -The contractor mayperform clearing operations but not grubbing operations until immediately prior to beginning grading operations. -Once grading operations begin in the Environmental Sensitive Areas, work shall progress in a continuous manner until complete. -Erosion control devices shall be installed immediately following the clearing operation. -Seeding and mulching shall be performed on the areas disturbed by construction immediately followingfnal grade establishment. -Seeding and mulching shall be done in stages on cut and fill slopes that are greater than 20 feet in height measure alongthe he slope or greater than two acres in area, whichever is less. The following are additional measures intended to further reduce deleterious construction related effects to the waterway: Off -site detours will be utilized to the maximum extent possible. No heavy equipment will be placed in the stream outside of the impervious dikes installed at the Little Creek and Unnamed Tributary to Little Creek. The following documents will be used during design and construction: 1) NCDOT Erosion and Sediment Control Design and Construction Manual; 2) NCDOT Best Management Practices for Construction and Maintenance Activities and 3) NCDOT Stormwater Best Management Practices Toolbox. Culvert construction activities will have containment measures in place to prevent components of the structure from dropping into the stream outside of the impervious dike. The method of containment will be proposed by the contractor and approved by the engineer as necessary. Special sediment control fence NCDOT Standard No. 1606.01 or a combination of special sediment control fence and standard silt fence will be installed between the top of the stream bank and adjacent grading activities. Once the disturbed areas of the project draining to these areas have been stabilized, the special sediment control fence and/or standard silt fence and all built up sediment adjacent to these devices will be removed to natural ground and stabilized with a native grass mix. All sedimentation and erosion control measures, throughout the project limits, will be maintained to ensure proper function of the measures following NCDOT protocols. Embankment construction and grading shall be managed in such a manner as to prevent surface runoff/drainage from discharging untreated into the riparian buffer. All interim surfaces will be graded to drain to temporary erosion control devices. Temporary berms, ditches, etc. will be incorporated, as necessary, to treat temporary runoff before discharging into the riparian buffer (as specified in the NCDOT BMP Manual). All sedimentation and erosion control measures will be appropriately maintained following NCDOT standards to ensure proper function of the measures. This project must adhere to conditions of General Permit NCGO1000 to Discharge Stormwater under the National Pollutant Discharge Elimination System for Construction Activities. The project design and construction activities are required to "select, install, implement and maintain best management practices (BMPs) and control measures that minimize pollutants in the discharge to meet the requirements of the permit." Among these conditions, the permit requires: 1) all erosion and sedimentation control measures must be inspected at least once every seven calendar days and 2) within 24 hours after any storm event of greater than 1.0 inch of rain per 24 hour period. It is understood that these requirements and implementation of other appropriate BMPs are monitored through multiple layers of oversight. At a minimum, the following personnel monitor erosion control measures: • Contactor project manager • NCDOT Division Environmental Officer and Environmental Specialists • NCDOT Roadside Environmental Field Operations Staff NCDOT will require utility relocations to utilize directional (horizontal) boring under Little Creek at the culvert crossing. Open cut (trenching) of the Unnamed Tributary to Little Creek at the existing 48 inch pipe structure has been determined to be allowable based on coordination with the USFWS dated July 6, 2021. In the event that visible sediment loss from the project is observed at the bridge site, a review of turbidity levels will be made upstream and downstream 400 meters (0.25 mile) to determine if sedimentation effects are occurring beyond the Action Area as defined in the Biological Opinion. If visual observation of turbidity levels downstream appear to be elevated beyond upstream observations, the project inspector will contact the Division Environmental Officer. If determined that project -related sediment is occurring beyond 400 meters, the USFWS must be contacted immediately to discuss potential remediation. yam" O� C STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERic BOYETTE GOVERNOR SECRETARY July 31, 2020 Mr. Pete Benjamin U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, North Carolina 27636-3726 SUBJECT: Section 7 Concurrence Request for construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY) REFERENCE: -Protected Species Survey (NCDOT, July 26, 2018) -Aquatic Species Survey Report for Widening and Culvert Extension on NC 42 over Little Creek (Three Oaks Engineering for NCDOT, March 28, 2018) -Michaux's Sumac Update (NCDOT, June 3, 2019) -W-5601EY construction plans with mark-ups Dear Sir: The North Carolina Department of Transportation (NCDOT) proposes to construct an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY). As of today, U.S. Fish and Wildlife Service (USFWS) lists the following federally Endangered, Threatened and Proposed aquatic species for Wake County that are known to occur within the Swift Creek -Middle Creek subbasin where the project occurs: Dwarf wedgemussel (Alasmidonta heterodon), Yellow lance (Elliptio lanceolata), Atlantic pigtoe (Fusconaia masoni), Carolina madtom (Noturus furiosus) and Neuse River waterdog (Necturus lewisi). Proiect Information for aquatic species: Little Creek within the survey reach ranged from 15 to 25 feet wide with banks three to six feet high and water depths up to four feet. Little Creek at the project site (in the Upper Neuse subbasin) flows approximately 2.4 river miles to its confluence with Middle Creek. Construction of this project will result in a culvert extension at Little Creek and pipe structure replacement and extension at UT to Little Creek. Additional activities associated with this work include installation of dewatering devices to work in the dry and grading of streambank with installation of Class II rip rap on the banks to provide permanent stabilization. These activities will result in surface water impacts and will require permits from the USACE and NCDEQ DWR. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 5 OFFICE 2612 NORTH DUKE STREET DURHAM, NC 27704 CS 9 17-27-03 Telephone: (919) 220-4600 Fax: (919) 560-3371 Customer Service: 1-877-368-4968 Website: ncdot.gov Location: 2612 NORTH DUKE STREET DURHAM, NC 27704 Aquatic Species Survevs: Aquatic Species Survey Report for Widening and Culvert Extension on NC 42 over Little Creek for W-5601EY (Three Oaks Engineering for NCDOT, March 28, 2018) -This aquatic species report was provided to assess aquatic habitat in/near Little Creek at the project site. (Note: The UT to Little Creek at the project site is a moderately impacted and degraded stream channel that does not provide suitable habitat for protected aquatic species and was not studied as part of this report.) -Surveys for freshwater mussels and Carolina madtom were conducted on February 16, 2018. -Surveys for Neuse River waterdog were completed on February 5-9, 2018. -A total of 3.2 person hours of survey time were spent in the reach on February 16, 2018 in which only Eastern Elliptio (Elliptio complanata) were observed. -Suitable habitat for the Carolina madtom was present in the reach; however, the species was not observed during the study. -The Neuse River waterdog was not found at the project during the survey efforts. Proposed Biological Conclusions: The results indicate that the study area supports a freshwater mussel fauna of Eastern Elliptio; no other mussel species were found. Neither the Dwarf wedgemussel, Yellow lance or Atlantic pigtoe were found during the surveys. While other species were not found during these surveys, appropriate habitat is present; thus, the presence of additional species cannot be altogether ruled out. Several of the target species rare specie are known from the receiving stream, Middle Creek. Based on the survey results, impacts are unlikely to occur in the study area. Strict adherence to erosion control standards should minimize the potential for any adverse impacts to occur. The following recommended Biological Conclusions are provided below: Dwarf wedgemussel: May Affect, Not Likely to Adversely Affect Yellow lance: May Affect, Not Likely to Adversely Affect Atlantic pigtoe: May Affect, Not Likely to Adversely Affect Neuse River waterdog: May Affect, Not Likely to Adversely Affect Carolina madtom: No Effect Proiect Information for other species: Habitat at the project study area is described as including maintained/disturbed community and mixed pine hardwood community. Suitable at the site does exist for other non -aquatic protected species. These are discussed below: Michaux's sumac: Suitable habitat is present in the margins of sandy open woods with some form of disturbance. The site was surveyed by Jason Dilday and other NCDOT staff on July 26, 2018 and found appropriate habitat but no occurrences of Michaux's sumac. Heather Montague and Trey Lineberry conducted an updated survey on May 30, 2019 which resulted in no observation of this plant species. The recommended Biological Conclusion is May Affect, Not Likely to Adversely Affect. Red -cockaded woodpecker: Habitat for red -cockaded woodpecker does not exist within the study area. Large mature pines are present in the study area; however, these areas are crowded by hardwood trees and dense understories that make the area unsuitable for red -cockaded woodpecker foraging habitat. Roost trees were also not present within the study area. The recommended Biological Conclusion is No Effect Bald eagle: Habitat for the Bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. Based on an examination of aerial photographs, no water bodies large enough or sufficiently open to be considered potential feeding sources were identified within 1.0 mile of the study area. No bald eagles or nest trees were observed during the survey conducted by Jason Dilday and other NCDOT staff on July 26, 2018. Due to the lack of suitable habitat, no known occurrences, and minimal impact anticipated for this project, the recommended Biological Conclusion is No Effect. Northern long-eared bat: The USFWS has developed a Programmatic Biological Opinion (PBO) in conjunction with the FHWA and USACE for the Northern long-eared bat (NLEB) species. The PBO covers the entire NCDOT program in Divisions 1-8, including this project. The Biological Conclusion provided by the PBO is May Affect. Likely to Adversely Affect. The PBO allows for incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act. This level of incidental take is authorized from the effective date to a final listing determination through December 31, 2020. NCDOT believes that the requirements of Section 7 (a) (2) of the Endangered Species Act (ESA) have been satisfied and hereby request your concurrence. Thank you for your assistance with this project. If you have any questions or need additional information, please contact me at (919) 220-4618 or camurray@ncdot.gov. Sincerely, Christopher A. Murray, SPWS NCDOT Division 5 Project Engineer for Planning and Environmental Studies United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 August 3, 2020 Christopher A. Murray, PWS North Carolina Department of Transportation 2612 North Duke Street Durham, NC 27704 Dear Mr. Murray: U.S. FISH & WILDL7 FE SERVICE � o= This letter is in response to your letter of July 31, 2020 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation that the proposed construction of an eastbound left turn lane on NC 42 at the SR 2727 intersection in Wake County (STIP No. W-5601EY) may affect, but is not likely to adversely affect the federally endangered Dwarf Wedgemussel (Alasmidonta heterodon) and Michaux's Sumac (Rhus michauxii), the federally threatened Yellow Lance (Elliptio lanceolata), and the federally proposed threatened Atlantic Pigtoe (Fusconaia masoni) and Neuse River Waterdog (Necturus lewisi). The following response is provided in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). The action involves a culvert extension on Little Creek and a pipe replacement and extension on an unnamed tributary to Little Creek. The tributary to Little Creek does not provide suitable habitat for any of the listed or proposed listed aquatic species. According to the information provided, a mussel survey was conducted at the project site on February 16, 2018. The survey extended from 400 meters downstream to 100 meters upstream of the Little Creek crossing. The only mussel species observed was the common Elliptio complanata. A survey was conducted for Neuse River Waterdogs February 5-9, 2018. No Neuse River Waterdogs were captured. Also, plant surveys were conducted within the project area on July 26, 2018 and May 30, 2019. No Michaux's Sumac were observed. Based on available information, the Service concurs with your conclusion that the action may affect, but is not likely to adversely affect the Dwarf Wedgemussel, Yellow Lance, Atlantic Pigtoe, Neuse River Waterdog, and Michaux's Sumac. Although the Atlantic Pigtoe and Neuse River Waterdog are currently only proposed listed species, this concurrence will be valid if and when these species become officially listed. The Northern Long-eared Bat has previously been addressed through a separate programmatic consultation. We also concur that the action will have no effect on all other listed species. We believe that the requirements of Section 7(a)(2) of the ESA have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that may be affected by this identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, bORY �� V Pete Benjamin Field Supervisor Electronic copy: Andy Williams, USACE, Wake Forest, NC Travis Wilson, NCWRC, Creedmoor, NC Heather Montague, NCDOT, Durham, NC Murray, Christopher A From: Jordan, Gary <garyjordan@fws.gov> Sent: Thursday, February 11, 2021 3:00 PM To: Murray, Christopher A Subject: Re: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601 EY) F UTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to port Spam. Chris, You are correct in your understanding. This is an appropriate use of the PBO/PCO's. Gary Jordan Fish and Wildlife Biologist, Liaison to NCDOT U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Email: garyJordan@fws.gov From: Murray, Christopher A <camurray@ncdot.gov> Sent: Thursday, February 11, 2021 10:20 AM To: Jordan, Gary <garyJordan@fws.gov> Subject: RE: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY) Gary, We finally have some safety projects coming on line and wanted to check with you again with this specific project particularly to address aquatic species issues. This project now has a let date of March 2022 which would mean that construction would likely start in late spring or early summer 2022. 1 am only concerned with this in regards to making a determination if a new surveys need to be done later this summer for mussels/Carolina madtom and early winter for Neuse River waterdoe. The following summarizes information for this project: The Department is proposing construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY). The project crosses two streams, Little Creek and UT to Little Creek. Construction of this project will result in a culvert extension at Little Creek and pipe structure replacement and extension at UT to Little Creek. Additional activities associated with this work include installation of dewatering devices to work in the dry and grading of streambank with installation of Class II rip rap on the banks to provide permanent stabilization. Surveys for aquatic species were conducted by the following individuals on the noted dates: Surveyor Surrey Type Dates Tom Dickinson Permit # 18-ES00343) Mussel and CMT* February lb. 2018 Kate Montieth Sevick (Permit # 18->~ S00485) NRWD** Februa 5-9.2018 Mary Frazer NRWD February 5-9.2018 Evan Morgan NRWD February 5-9.2018 Nancy Scott NRWD February 5-9.2018 The following is a summary of the findings: M I155PI5' A total of 3.2 person hours of survey time was spent in Little Creek. Only Eastern Elliptio, Asian clam and Pointed Campeloma were observed during the survey. rolina madtom: Appropriate habitat is present for the Carolina madtom; however, the species was not observed during the survey. Neuse River waterdog:, The Neuse River waterdog was not observed during the survey. The USFWS had provided a concurrence letter for protected species on August 3, 2020 and concurred with findings of May Affect, Not Likely to Affect for Neuse River waterdog, Dwarf wedgemussel, Yellow lance and Atlantic pigtoe. This concurrence at some level was based on a review of the aquatic species surveys listed above. The Division would plan on using the mussel PBO/PCO and Neuse River waterdog and Carolina madtom PCO to address aquatic species for the project. This will be the first use of the PBO/PCOs for project that the Division that involve a culvert extension (conveying Little Creek). The IPaC site indicates Atlantic pigtoe, Dwarf wedgemussel, Yellow lance, Carolina madtom and Neuse Rive waterdog at the site (with no listing of critical habitat for any of these species). A review of current NCDOT EAU information regarding ISRs indicates that the project does intersect an ISR or within 0.25 mi of an ISR for any of these species. Additionally, the project is not located in the Critical Habitat for any of the aquatic species. Use of the PBO/PCOs for a culvert extension (Appendix 132) indicate a survey for aquatic species is not required to develop Biological Conclusions. Division 5 proposes to use the PBO/PCOs to provide BCs of May Affect, Not Likely to Adversely Affect for the noted aquatic species. The project design and construction will adhere to all commitments addressed in the PBO/PCO. Please advise if the Division is correct in our understanding of use of the PBO/PCO in regards to a culvert and pipe extension on this project. A re-scoping of the ISRs will be done later this summer and early winter to determine if there are any updates to ISRs for aquatic species. Thanks, Chris Murray Christopher A. Murray, SPWS Project Engineer for Planning and Environmental Studies Project Delivery Unit Division 5 (919) 220-4618 office **NEW PHONE NUMBER** camurray@ncdot.gov **NEW EMAIL ADDRESS** NCDOT-Division 5 2612 N. Duke Street Courier: 17-27-03 Durham, NC 27704 From: Jordan, Gary <garyJordan@fws.gov> Sent: Tuesday, August 4, 2020 7:51 AM To: Murray, Christopher A <camurray@ncdot.gov> Subject: Re: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY) External email. ❑o not click links or open attachments unless you verify, Sehd all suspicious email as an attachment to FM. Chris, The question of "shelf life" for a concurrence does not have a specific answer and will vary depending on the situation. Technically, your aquatic surveys were already slightly out of date, but no problem for this particular project. For this specific project, I would say that if construction has not started within a year, you should contact me to determine whether the concurrence is still valid or not. In some cases it may be as simple as me providing an email stating that your concurrence is still valid because conditions have not changed. In other potential cases, you may need a new aquatic survey. It will depend mostly on where occurrences of listed/proposed species are in relation to the project site and on quality of habitat. Gary Jordan Fish and Wildlife Biologist, Liaison to NCDOT U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Phone:919-856-4520 x.32 Email: gwy iordan@fws.gov From: Murray, Christopher A <camurray@ncdot-gov> Sent: Monday, August 3, 2020 4:54 PM To: Jordan, Gary <gary Jordan@fws.gov> Subject: RE: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY) Gary, Thanks for clarifying information about the BC for plants. One follow up question is to ask what is the "shelf life" of the informal concurrence? I only ask because the aquatic surveys were completed in 2018 and plant surveys completed in both 2018 and in 2019. The let date for all of our projects, including this project, at this time is up in the air. This project could be constructed this winter or possibly next year or beyond. LastlV, thank you for your assistance on these proiects sent to you over the last two weeks. 1 hope that my requests have not placed undue burden on your calendar or work schedule. Thanks, Chris Christopher A. Murray, SPWS Project Engineer for Planning and Environmental Studies Project Delivery Unit Division 5 (919) 220-4618 office **NEW PHONE NUMBER** camurray0ncdot.gov **NEW EMAIL ADDRESS** NCDOT-Division 5 2612 N. Duke Street Courier: 17-27-03 Durham, NC 27704 r ff A; �r From: Jordan, Gary <gary Jordan@fws.gov> Sent: Monday, August 3, 2020 4:21 PM To: Murray, Christopher A <camurrav@ncdot.gov> Cc: Wilson, Travis W. <travis.wilson@ncwildlife.orpl>; Montague, Heather W <hwmontague@ncdot.gov>; Andy Williams <andrew.e.williams2 usace.arm .mil> Subject: Re: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY) + t�iail. Do not click links or open attachments unless you verify. Send all suspicious ernail as an attachment to Chris, Attached is a concurrence letter. Please note that although I did concur with the MA-NLAA conclusion for Michaux's sumac as per your letter request, you could have gotten by with a No Effect conclusion. In most cases with plants, if a survey does not reveal any specimens of the listed plant species, then a No Effect is appropriate (the only exception is when you have a listed plant with an occurrence nearby). We treat plants and animals somewhat differently in this regard. Gary Jordan Fish and Wildlife Biologist, Liaison to NCDOT U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Phone:919-856-4520 x.32 Email: gary iordan�fws�ov From: Murray, Christopher A <camurray@ncdot.gov> Sent: Friday, July 31, 2020 3:03 PM To: Jordan, Gary <gary iordan@fws.gov> Cc: Wilson, Travis W. <travis.wilsan@ncw_ ildlife.org>; Montague, Heather W <hwmontague@ncdot.eov>; Davidson, Stephen R <srdavidson@ncdot.gov> Subject: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY) This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Gary, The Department is proposing construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number: W-5601EY). The project crosses two streams, Little Creek and UT to Little Creek. Construction of this project will result in a culvert extension at Little Creek and pipe structure replacement and extension at UT to Little Creek. Additional activities associated with this work include installation of dewatering devices to work in the dry and grading of streambank with installation of Class II rip rap on the banks to provide permanent stabilization. Recommended Biological Conclusions are proposed for the following species: Atlantic pigtoe, Yellow lance, Dwarf wedgemussel, Neuse River waterdog, Carolina madtom, Michaux's sumac, Red -cockaded woodpecker, and Northern long-eared bat. I am attaching the following for your review: -Concurrence request -Protected Species Survey (NCDOT, July 26, 2018) -Aquatic Species Survey Report for Widening and Culvert Extension on NC 42 over Little Creek (Three Oaks Engineering for NCDOT, March 28, 2018) -Michaux's Sumac Update (NCDOT, June 3, 2019) -W-5601EY construction plans with mark-ups -W-5601EY vicinity map The Department requests that you review this information and provide concurrence with our findings. Thanks, Chris Christopher A. Murray, SPWS Project Engineer for Planning and Environmental Studies Project Delivery Unit Division 5 (919) 220-4618 office *"NEW PHONE NUMBER"* camurray mcdot.gov **NEW EMAIL ADDRESS** NCDOT-Division 5 2612 N. Duke Street Courier: 17-27-03 Durham, NC 27704 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.0 Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties Roy COOPER GOVERNOR Attention STATt., q y a r erse�„aw STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION J. ERIC BOYETTE SECRETARY March 10, 2021 Chris Murray, SPWS Division 5 Project Engineer for Planning and Environmental Studies 0,#,, '�v �' , From: Heather W. Montague Division 5 Environmental Officer Subject: Updated Bald Eagle Survey for W-5601EX and W-5601EY: widen NC 42 for center turn lane from Field Hill Drive (SR 5330) to Winterton Drive (SR 5637) and construct an eastbound left turn lane on NC 42 at the Sauls Road (SR 2727) intersection in Wake County. Mr. Murray, Please accept this memo regarding the updated survey for bald eagle for the above referenced combined project locations. Bald eagle: IPaC does NOT identify potential for this species at the project study areas. Habitat for bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. Based on an examination of aerial photography, there are a few ponds at least 2 acres in size or greater identified within 1.0 mile of the study areas. Although these ponds provide some open water, due to location and proximity from large water bodies around which eagles typically nest, these ponds would not be considered optimal feeding sources. Additionally, a review of NCNHP records, March 2021, revealed no known occurrences of this species within 1.0 mile of the study areas. No bald eagles or nest trees were observed in the study areas or within 660 feet of the study areas during a visual survey conducted on March 09, 2021. Due to the lack of suitable habitat and no known occurrences, a biological opinion of No Effect is rendered for this species. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 5 OFFICE 2612 NORTH DUKE STREET DURHAM, NC 27704 CS# 17-27-03 Telephone: (919) 220-4600 Fax: (919) 560-3371 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 2612 NORTH DUKE STREET DURHAM, NC 27704 9 r� L Q 0') IL w w 0 c� Rd Sao,- rs Y � fie... •-�Y '-� � � �� 4-1 ���,. -'�x - - . -- _ _ - _ -__ :��-�. • f. _ _ Lid .. WLo AM— }+ . �� ... W � it • _ ■ � 4:, o �. (nLL- : Lu 0 CD o En Lij jig, LO 4.. J U su a ,. Af 4w a �• i W r.' *-- - a F F` ALL G 4-r co � L w pa, w a N o g l W LO %i � U qj W _N -g-u�-uvsuuar; 0 s .T .� ?�.�..*Olt. Roy COOPER GOVERNOR STATt., q y a r erse�„aw STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION June 4, 2021 Attention: Chris Murray, SWPS Project Engineer for Planning and Environmental Studies 0,#,, �, , From: Heather W. Montague Division 5 Environmental Officer JAMES H. TRomom III SECRETARY Subject: Michaux's sumac and Red cockaded woodpecker update for W-5601EX and W-5601EY in Wake County: widen NC 42 for center turn lane from Field Hill Drive (SR 5330) to Winterton Drive (SR 5637) and construct an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection. Mr. Murray, Please accept this letter as a summary of the efforts made and resulting findings on the part of NCDOT Division 5 to update the status of Michaux's sumac and red cockaded woodpecker for the above combined referenced projects. Michaux's sumac: Limited habitat for Michaux's sumac is located within the project limits within the portion of the study area particularly along the woods edge and powerline easements. Prior to conducting a survey, a known population on Barwell Road in Raleigh was visited to review the plant's local appearance, habitat, and flowering status. A 2.0 person hour plant by plant survey of the project study area was conducted on June 1, 2021. No specimens were found during the survey, therefore, a biological conclusion of No Effect is rendered for this species. Red -cockaded woodpecker: Habitat for the red -cockaded woodpecker (RCW) does not exist within the study area. Large mature pines are present in the study area, however these areas are crowded by hardwood trees and dense understories that make the area unsuitable for RCW foraging habitat. Roost trees were also not present within the study area. A review of the NCNHP database indicates no known occurrence of the species within one mile of the study area. The biological conclusion for RCW is No Effect. Mailing Address: Telephone: (919) 220-4600 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (919) 560-3371 2612 NORTH DUKE STREET DIVISION 5 OFFICE Customer Service: 1-877-368-4968 DURHAM, NC 27704 2612 NORTH DUKE STREET DURHAM, NC 27704 Website: www.ncdot.gov CS# 17-27-03 Investigators: Heather Montague Environmental Officer NCDOT Division 5 Brenna Copeland Summer Engineering Assistant NCDOT Division 5 If you have any questions or need additional information, please contact me at hwmontaguegncdot.gov or at (919)220-4630. cc: W-5601EX and W-5601EY project files ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality July 22, 2019 To: Mitchell Wimberley, Environmental Scientist, Kleinfelder From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch Subject: NCDOT Project: W-5601EY, NC 42 at SR 2727, Wake County. Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233) and Mitigation Rules (15A NCAC 2H.0506[h]). Dear Mr. Wimberley; On July 17, 2019, NC Division of Water Resource received your request to confirm your on -site determination of drainage features at the above -referenced project for applicability to the Neuse Buffer Rules and Stream Mitigation Rules. The drainage features are approximated on referenced package received by DWR. NCDWR has confirmed that the drainage features labeled below are as follows: Little Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules. UT Little Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules. No other stream or buffer sites were identified in this request. Also, this letter only addresses applicability to the Neuse Buffer Rules and Mitigation Rules at the sites specifically marked on the referenced maps and does not apply to reaches of the channels further downstream from the NCDOT project area, or to any other drainage features in the vicinity. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers must comply with the Neuse Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local regulations. Please be aware that even if no direct impacts are proposed to the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 213.0233 is required. The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this determination in any future correspondences concerning this property and/or project. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by NCDWR or Delegated Local Authority that a surface water exists and that it is subject to the mitigation rules may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Amy Chapman, NCDWR Transportation Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. Individuals that dispute a determination by NCDWR or Delegated Local Authority that "exempts" a surface water from the mitigation rules may ask for an adjudicatory hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice and the date the affected party (including downstream and adjacent landowners) is notified of this decision. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between DE Q�� North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617 NORTM C-OLINA o.�memmE.A­WQ�.ifly /"� 919.707.9000 the hours of 8:OOam and 5:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This determination is final and binding unless you ask for a hearing within 60 days. If you have any additional questions or require additional information please call Rob Ridings at 919-707-3873. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00295 County: Wake U.S.G.S. Quad: NC- Angier NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: NCDOT Nicole Thomson Address: 2612 North Duke Street Durham, NC 27704 Telephone Number: 919-754-7806 E-mail: nithomson2Oncdot.gov Size (acres) 5.45 Nearest Town Raleigh Nearest Waterway Middle Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.5901 Longitude:-78.6338 Location description: The project site along existing NC Hwv 42, at its crossing of Little Creek, near the town of Raleigh, Wake County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/11/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2021-00295 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or James.C.Lastint!er(&usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 02/11/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: 4:11' .✓ Date of JD: 02/11/2021 "Expiration Date of JD: Not applicable SAW-2021-00295 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL A licant: NCDOT, Nicole Thomson File Number: SAW-2021-00295 Date: 02/ll/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mit/Missions/CivilWorks/RegulatoryProgramandPermits.asi) or the Corps regulations at.33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Nor - SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: James Lastinger CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunit to participate in all site my-csti ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/11/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: NCDOT, Nicole Thomson, 2612 North Duke Street, Durham, NC 27704 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, W-5601 EY, SAW-2021- 00295 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site along existing NC Hwy 42, at its crossing of Little Creek, near the town of Raleigh, Wake County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5901 Longitude:-78.6338 Universal Transverse Mercator: Name of nearest waterbody: Middle Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY): ® Office (Desk) Determination. Date: February 11, 2021 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable S1 35.5899 -78.6348 300 LF Non -wetland Section 404 S2 35.5904 -78.6334 400 LF Non -wetland Section 404 WA 35.5899 -78.6348 0.45 acre Wetland Section 404 WB 35.5900 -78.6354 0.25 acre Wetland Section 404 WC 35.5898 -78.6351 0.45 acre Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attached dated February 11, 2021 ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ®U.S. Geological Survey Hydrologic Atlas: ®USGS NHD data: ❑USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Angier Quad ®Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet 100 ® National wetlands inventory map(s). Cite name: USFWS NWI ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: NC FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑ Photographs: ® Aerial (Name & Date): undated or ❑ Other (Name & Date): El Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. 1,r-� C;0;�40,� Signature and date of Regulatory staff member completing PJD 02/11/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. r Project Tracking No. (Internal Use 17-02-0013 ----� r----- UPDATE t HISTORIC ARCHITECTURE AND LANDSCAPES LZ NO SURVEY REQUIRED FORM ' This form only pertains to Historic Architecture and Landscapes for this project. It is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION Project No: W-5601EY County: Wake WBSNo.: 50138.1.156 Document Type: PCE Fed. Aid No: HSIP-0042(067) Funding: ❑ State ® Federal Federal Permits : ® Yes ❑ No Permit T e s : ProiectDescription: Widen for Left Turn Lane on NC 42 at SR 2727 (Sauls Road). SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW Description of review activities, results, and conclusions: Review of HPO quad maps, HPO GIS information, historic designations roster, and indexes was undertaken on April 26, 2021 for the 2021 updated study area. Based on this review of the updated study area, there are no existing NR, SL, LD, DE, or SS properties in the Area of Potential Effects, which is defined on the following map. There are no properties over fifty years of age within the APE; a modern subdivision is located along Pinnacle Ridge Road. There are no National Register listed or eligible properties and no survey is required. If design plans change, additional review will be required. UPDATED REVIEW APRIL 2021 Why the available information provides a reliable basis for reasonably predictinz that there are no unidentified significant historic architectural or landscape resources in the proiect area: HPO quad maps and GIS information recording NR, SL, LD, DE, and SS properties for the Wake County survey, Wake County GIS/Tax information, and Google Maps are considered valid for the purposes of determining the likelihood of historic resources being present. There are no National Register listed or eligible properties within the APE and no survey is required. SUPPORT DOCUMENTATION ❑Map(s) ❑Previous Survey Info. ❑Photos ❑Correspondence ❑Design Plans FINDING BY NCDOT ARCHITECTURAL HISTORIAN Historic Architecture and Landscapes -- NO SURVEY REQUIRED NCDOT Architectural Historian Date Historic Architecture and Landscapes NO SURVEYREQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 1 of 3 MAL WEATHERS ROAD S,Iver Farm RC uz LASSITER FARMS m JORDAN WINDY HILLS A SAULS T,�s10', JORDAN RIDGE � HAQLEY ' MEADOWS SOUTHERN MEADOWS LAUREL GROVE 9 g�� J3�9 d Pr� nP � 4 yE �a1 Weat &apl GU(fy 3� BRITTANY HILLS �UrsrCn NATHANS _ LANDING C FIELD RI KSTONE 'c Jordan Rd V m C a � rY yo66 � KENWOOD Middle Creek Church MEADOWS ax a a o az QINNACLE RIDGE t as)oi S� �"acr� 17a6e `N SUN RIDGE tiro FARM a VALLEY RIDGE a Trendy Trunk c QL y Altice ❑r x 110L)Dr ROCKHURST QEnvi Project Location. Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 2 of 3 HPO GIS. Historic Architecture and Landscapes NO SURVEYREQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 3 of 3 Project Tracking No. E17-02-0013 resubmit N O ARCHAEOLOGICAL SURVEY RE\QUIRED FORMTO 1181 This form only pertains to ARCHAEOLOGICAL RESOURCES for thisproject. It is not valid for Historic Architecture and Landscapes. You must r` consult separately with the Historic Architecture and Landscapes Team.q CSy' PROJECT INFORMATION Project No. WBS No W-5601EY 50138.1.155 County: Document: Federal Aid No: HSIP- Funding: 0042(067) Federal Permit Required? ® Yes ❑ No Wake Federal CE ❑ State ® Federal Permit Type: Project Description: Construct an eastbound turn lane on NC 42 at SR 2727 (Sauls Road) in Wake County, North Carolina. The archaeological Area of Potential Effects (APE) corresponds with the overall project study area as depicted on the attached ARC-GIS shape file maps. It measures .20 mile in length and 100 feet to 250 feet in width. Additionally, there are small construction and wetland easement areas associated with the project. SUMMARY OF CULTURAL RESOURCES REVIEW Permitting and funding information was reviewed for determining the level of archaeological input required by state and federal laws. Based on the submitted "request for cultural resources review" form, the project is federally funded with United States Army Corps of Engineers (USACE) federal permit interaction. As such, Section 106 of the National Historic Preservation Act will apply and the Federal Highway Administration (FHwA) will serve as the lead federal agency. Next, construction design and other data was examined (when applicable) to define the character and extent of potential impacts to the ground surfaces embracing the project locale. The archaeological APE encompasses all areas of potential ground disturbing activity. Once an APE was outlined, a map review and site file search was conducted utilizing on-line resources provided to the NCDOT by the Office of State Archaeology (OSA) on Monday, June 28, 2021. No NRHP eligible archaeological sites nor any other archaeological resources are located within the APE or directly adjacent. Examination of National Register of Historic Places (NRHP), State Study Listed (SL), Locally Designated (LD), Determined Eligible (DE), and Surveyed Site (SS) properties employing resources available on the NCSHPO website is important in establishing the location of noteworthy historic occupations related to a perspective construction impact area. A cross-check of these mapped resources concluded that none of the above properties with potential contributing archaeological components are situated within the APE. In addition, historic maps of Wake County were appraised to identify former structure locations, land use patterns, cemeteries, or other confirmation of historic occupation in the project vicinity. Archaeological/historical reference materials were inspected as well. In general, the cultural background review established that no previously recorded archaeological sites, cemeteries, or NRHP properties with potential archaeological components are 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO ARCHAEOLOGICAL SURVEY REQUIRED" FORM 1 of2 Project Tracking No. 17-02-0013 located within the APE. Based on cultural -historical factors, the APE is conside resubmit potential for the documentation of archaeological resources. Further, topographic, geologic, flood boundary, and NRCS soil survey maps were referenced to evaluate pedeological, geomorphological, hydrological, and other environmental determinants that may have resulted in past occupation at this location. Aerial and on -ground photographs (NCDOT Spatial Data Viewer) and the Google Street View map application (when amenable) were also examined/utilized for additional assessment of disturbances, both natural and human induced, which compromise the integrity of archaeological sites. Environmental/impact factors do not suggest a heightened potential for archaeological resource recovery. (This project falls within a North Carolina County in which the following federally recognized tribes have. expressed an interest: Catawba We recommend that you ensure that this documentation is forwarded to these tribes using the process described in the current NCDOT Tribal Protocol and PA Procedures Manual.) Brief Explanation of why the available information provides a reliable basis for reasonably predicting that there are no unidentified historic properties in the APE. The entire APE is characterized as disturbed and impacted from the two roads right-of-way or in wetland areas with flooded soils which would have deterred human settlement. There are no existing NRHP eligible archaeological sites within the projects APE, and it is unlikely to contain significant, intact, and preserved archaeological deposits. As currently proposed as a federally funded project, no further consultation is advocated. A finding of "no archaeological survey required" is considered appropriate. SUPPORT DOCUMENTATION See attached: ® Map(s) ❑ Previous Survey Info ❑ Photos ❑Correspondence Other: FINDING BY NCDOT ARCHAEOLOGIST: NO ARCHAEOLOGY SURVEY REQUIRED Scott Halvorsen-6 4-it , 6/28/2021 NCDOT ARCHAEOLOGIST II Date 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY'TIiAM "NO ARCHAEOLOGICAL SURVEY REQUIRED" FORM 2of2 ARC-GIS aerial shape file map relating the boundaries and location of the Area of Potential Effects (APE) in Wake County, North Carolina. Type I and II Ground Disturbing Categorical Exclusion Action Classification Form STIP Project No. WBS Element Federal Project No. A. Project Description: W-5601 EY 50138.1.156 HSIP-0042(067) Wake County — Construct an Eastbound left turn lane on NC-42 at SR-2727 (Sauls Rd). See attached files for titlesheet, plansheet and biological report. B. Description of Need and Purpose - The purpose of this project is to improve safety and traffic operations at the intersection. C. Categorical_ Exclusion Action Classification: (Check one) ® TYPE IA ❑ TYPE I B ❑ TYPE II A ❑ TYPE II B D. Proposed Improvements (26) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing lanes), if the action meets the constraints listed in 23 CFR 771.117(e)(1-6). E. 5 ebal Project Information: The US Fish and Wildlife Service has developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration, the US Army Corps of Engineers and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT-pro-gram in Divisions 1-8 including all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program is "May Affect, Likely to Adversely Affect". The PBO provides incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for five years for all NCDOT projects with a federal nexus in Divisions 1-8. Updated 4/25/17 F. Protect Impact Criteria Checklists: Type I & II - Ground Disturbing Actions FHWA APPROVAL ACTIVITIES THRESHOLD CRITERIA If any of questions 1-7 are marked "yes" then the CE will require FHWA approval. Yes No Does the project require formal consultation with U.S. Fish and Wildlife ❑ I Service (USFWS) or National Marine Fisheries Service (NMFS)? Does the project result in impacts subject to the conditions of the Bald and ❑ 2 Golden Eagle Protection Act (BGPA)? Does the project generate substantial controversy or public opposition, for any ❑ 3 reason, following appropriate public involvement? Does the project cause disproportionately high and adverse impacts relative to ❑ 4 low-income and/or minority populations? Does the project involve a residential or commercial displacement, or a ❑ 0 5 substantial amount of right of way acquisition? 6 Does the project require an Individual Section 4(f) approval? El Z Does the project include adverse effects that cannot be resolved with a 7 Memorandum of Agreement (MOA) under Section 106 of the National Historic ❑ 0 Preservation Act (NHPA) or have an adverse effect on a National Historic Landmark (NHL)? If any of questions 8 through 31 are marked "yes" then additional information will be required for those questions in Section G. Other Considerations Yes No Does the project result in a finding of "may affect not likely to adversely affect" 8 for listed species, or designated critical habitat under Section 7 of the ❑ Endangered Species Act (ESA)? 9 Is the project located in anadromous fish spawning waters? ❑ Does the project impact waters classified as Outstanding Resource Water 10 (ORW), High Quality Water (HQW), Water Supply Watershed Critical Areas, 303(d) listed impaired water bodies, buffer rules, or Submerged Aquatic ❑ Vegetation (SAV)? ❑ 11 Does the project impact waters of the United States in any of the designated mountain trout streams? ❑ 12 Does the project require a U.S. Army Corps of Engineers (USACE) Individual Section 404 Permit? ❑ z 13 Will the project require an easement from a Federal Energy Regulatory Commission (FERC) licensed facility? ❑ 14 Does the project include a Section 106 of the NHPA effects determination other than a no effect, including archaeological remains? 2 Updated 4/25/17 Other Considerations (continued) Yes No 15 Does the project involve hazardous materials and/or landfills? ❑ Does the project require work encroaching and adversely affecting a 16 regulatory floodway or work affecting the base floodplain (100-year flood) ❑ elevations of a water course or lake, pursuant to Executive Order 11988 and 23 CFR 650 subpart A? Is the project in a Coastal Area Management Act (CAMA) county and ❑ 0 17 substantially affects the coastal zone and/or any Area of Environmental Concern (AEC)? Does the project require a U.S. Coast Guard (USCG) permit? 18 ❑ 19 Does the project involve construction activities in, across, or adjacent to a ❑ designated Wild and Scenic River present within the project area? 20 Does the project involve Coastal Barrier Resources Act (CBRA) resources? ❑ 21 Does the project impact federal lands (e.g. U.S. Forest Service (USFS), ❑ USFWS, etc.) or Tribal Lands? 22 Does the project involve any changes in access control? ❑ 23 Does the project have a permanent adverse effect on local traffic patterns or ❑ community cohesiveness? Will maintenance of traffic cause substantial disruption? 24 ❑ Is the project inconsistent with the STIP or the Metropolitan Planning 25 Organization's (MPO's) Transportation Improvement Program (TIP) (where ❑ 0 applicable)? _ Does the project require the acquisition of lands under the protection of Section 6(f) of the Land and Water Conservation Act, the Federal Aid in Fish 26 Restoration Act, the Federal Aid in Wildlife Restoration Act, Tennessee Valley ❑ 0 Authority (TVA), or other unique areas or special lands that were acquired in fee or easement with public -use money and have deed restrictions or covenants on the property? 27 Does the project involve Federal Emergency Management Agency (FEMA) ❑ buyout properties under the Hazard Mitigation Grant Program (HMGP)? 28 Does the project include a de minimis or programmatic Section 4(f)? [] 29 Is the project considered a Type I under the NCDOT's Noise Policy? ❑ 30 Is there prime or important farmland soil impacted by this project as defined by ❑ the Farmland Protection Policy Act FPPA)? _ Are there other issues that arose during the project development process that ❑ 31 affected the project decision? G. Additional Documentation as Required from Section F Updated 4/25/17 Proiect Commitments No Special Project Commitments. Categorical Exclusion Approval STIP Project No. WBS Element Federal Project No. Prepared By: W-5601 EY 50138.1.156 HSIP-0042(067) nncu5;gne4 by: 5/29/2018 �Le,,aa Meeolo�+a Date Meadows. Assistant Division Design Engineer NCDOT Prepared For: Reviewed By: DocuSigned by: F 5/29/2018 �lS d�U�t,W' Date figoMa-rrfy, Division Environmental Officer North Carolina Department of Transportation If all of the threshold questions (1 through 7) of 7 Approved Section F are answered "no," NCDOT approves this Categorical Exclusion. If any of the threshold questions (1 through 7) of ❑ Certified Section F are answered "yes," NCDOT certifies this Categorical Exclusion. DocuSIgned by: 5/29/2018 m e� �'Pe Date �wchaahrdl-,=Kneis, PE Divi sion ision 5 Project Delivery Engineer North Carolina Department of Transportation FHWA Approved: For Projects Certified by NCDOT (above), FHWA signature required. Date John F. Sullivan, 111, PE, Division Administrator Federal Highway Administration 5 Updated 4/25/17 Ca(a Am Irw INn Ndnon TII4a1 Hicb'k P—h- omw IBM TOnl Slrrcn Ronrl flock Hill, Sown Cardin, 2"M on — 400-128 2r27 Fax 8a3.a74-67" Septsmber d, 2019 Attention: Chris Murray NCDCT Division 5 2612 North Duke street Durham, NO 27704 Re. TFrPOY TIP p Pr*d lmuripwn SaTalymiPrw__ m NG 'am ER 53301� 5R 5�67 Wd et M'n Ji_n±FR 2?" 201P�183-26 W-5601ER in Wakr GwMy-WBS Nurnher: SOl g.7.175 Dear Mr. Murray, The Cstamba have no immediate concerns with regard to Iraditional Cultural proparties. sacred sites or Native American archaeologpcsl sites within the boundaries of the proposed protect areas. However, the Catawba are to he notltied if Native American artifacts and i or human remains are located during the ground disturbance phase of this project. If you have questrons please wntact Caitlin Rogers at 863-32&-24,27 ext- 226. or e-mail caitlr nh @wpperaRs.com. Sincerely, � rs jfi i.• ��: rrjr,�• � y Wanonah G. Haire TriGal Historic Preservation 4ffloer ROY COOPER Governor ELIZABETH S. BISER Secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality July 23, 2021 Mr. Chris Murray, SPWS Division 5 Project Engineer - Planning & Environmental North Carolina Department of Transportation 2612 North Duke Street Durham, North Carolina 27704 Dear Mr. Murray: Subject: Mitigation Acceptance Letter: W-5601EY, Construct Eastbound Left Turn Lane on NC 42 at SR 2727 (Sauls Road), Wake County, WBS Number 50138.1.156 The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the compensatory stream and wetland mitigation for the subject project. Based on the information supplied by you on July 23,2021, the impacts are located in CU 03020201 of the Neuse River basin in the Central Piedmont (CP) Eco- Region, and are as follows: Stream & Wetlands River Basin Cu Location Eco Region Stream Wetlands Cold Cool Warm Riparian Non- Coastal Riparian Marsh Impacts Neuse 03020201 CP 0 0 97.000 0.190 0 0 *Some of the stream and/or wetland impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details. DMS commits to implementing sufficient compensatory stream, wetland, and buffer mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies in accordance with the In - Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from DMS. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-8420. Sincerely, James B. Stanfill DMS Asset Management Supervisor Cc: Mr. Andy Williams, USACE - Raleigh Regulatory Field Office Ms. Amy Chapman, NC Division of Water Resources Ms. Linda Fitzpatrick, NCDOT - EAU File: W-5601EY - Division 5 NORTH Cfis10LIN D E� o.P.ro�em m e.w-wi 9.aiK North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West ]ones Street 1 1652 Mail Service Center � Raleigh, North Carolina 27699-1652 919.707.8976 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: NCDOT, Chris Murray Action ID: SAW-2021-00295 Project Name: NCDOT/W-5601EY/NC 42/Division 5/Wake County County: Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine Non -Riparian Coastal 97 1 0.19 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 164 0.38 Mitigation Site Debited: North Carolina Division of Mitigation Services (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: NCDEQ - DMS Name of Sponsor's Authorized Representative: Beth Harmon U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00295 County: Wake County U.S.G.S. Quad: Angier GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Chris Murray NC Department of Transportation, Division 5 Address: 2612 N. Duke Street Durham, North Carolina 27704 Telephone Number: (919) 220-4618 Size (acres) 3_2 Nearest Town Fuguay-Varina Nearest Waterway Little Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.590080 Longitude:-78.634082 Location description: The site is located along NC 42 over Little Creek at the NC 42, Sauls Road intersection, in Wake County, North Carolina. NCDOT has identified the proiect as XW-5601EY. Description of projects area and activity: This authorization is for temporary and permanent impacts to tributary streams and wetlands associated with the construction of an eastbound turn lane at an existing NCDOT roadwav intersection. NC 42 at SR 2727 (Sauls Road) as follows: Site 1 (Stationll+79 to 13+65-L-LT) Wetland B 0.02 acre of wetland fill for roadway development and 0.06 acre of mechanized land clearing. Site 2 (11+88 to 13+66-L-RT) Wetland C 0.03 acre of wetland fill for roadway development and 0.03 acre of mechanized land clearing. Site 3 (13+87 to 14+38-L-LT) Little Creek (Stream 1) Culvert extension (inlet) 16 linear feet, bank stabilization (inlet) 42 linear feet and temporary dewatering (inlet) 13 linear feet. Culvert extension (outlet) 14 linear feet, bank stabilization (outlet) 18 linear feet and temporary dewatering (outlet) 10 linear feet. Site 4 (14+43 to 15+86-L-LT) Wetland A 0.03 acre of wetland fill for roadway development and 0.04 acre of mechanized land clearing. Site 5 Unnamed tributary to Little Creek (Stream 2) (Station 17+75 to 19+36-L) Culvert extension (inlet) 20 linear feet, (Station 19+05 to 19+26-L-LT ) bank stabilization (inlet) 35 linear feet and temporary dewatering (inlet) 12 linear feet. (Station 18+04 to 18+38-L-RT) Culvert extension (outlet) 47 linear feet, (Stationl7+87 to 18+04-L-RT) bank stabilization and at grade rin ran dissination nad (outlet) 20 linear feet and temnorary dewatering (outlet) 15 linear feet (see attached plans). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 14 Linear Transportation Projects SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated June 4, 2021 and received on August 2, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. Special Conditions: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological/Conference Opinion (PBO/PCO) titled "Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8)," dated September 11, 2019, including the June 1, 2021 Addendum for Yellow Lance (Elliptio lanceolata) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the PBO/PCO. Your authorization under this Corps permit is conditional upon your compliance with all the mandatory terms and conditions associated with incidental take of the PBO/PCO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the PBO/PCO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO/PCO, and with the ESA. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Conference Opinion (PCO) titled "Bridge and Culvert Replacements/Repair/Rehabilitation Effects on Carolina Madtom and Neuse River Waterdog in NCDOT Divisions 2, 4, 5, and 7" dated May 6, 2020, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the PCO. Your authorization under this Corps permit is conditional upon your compliance with all the mandatory terms and conditions associated with incidental take of the PCO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the PCO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PCO, and with the ESA. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2Ousace.armv.mil. Corps Regulatory Official: Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: Date: August 27, 2021 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ® The aquatic resources within the above described project area have been identified under a previous action. Please reference the preliminary jurisdictional determination issued 2/11/2021. Action ID: SAW--2021-00295. B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: None D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, FLOOR M9 Atlanta, Georgia 30303-8803 Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by: Not Applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Ronnie Smith The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http:Hcop2smEu.usace.army.mil/cm_Uex/Pp=136 * 0. Copy Furnished: Todd Tugwell Regulatory Project Manager U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 106 Wake Forest, North Carolina 27587 Todd. J.Tugwell@usace.army.mil Kim Browning Regulatory Project Manager U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 106 Wake Forest, North Carolina 27587 Kimberly.D.Browninggusace.army.mil Beth Harmon DOT Coordinator North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 b eth.harmon(oncdenr. gov Action ID Number: SAW-2021-00295 County: Wake County Permittee: Chris Murray NC Department of Transportation, Division 5 Project Name: NCDOT/W-5601EY/NC 42/Division 5/Wake County Date Verification Issued: August 27, 2021 Project Manager: Andrew Williams Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Andrew Williams Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date DocuSign Envelope ID:7791441C-CADD-4CC7-A44F-007189F7F257 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Mr. Brandon H. Jones, PE, Division Engineer NCDOT Division 5 2612 North Duke Street Durham, NC 27704 NORTH CAROLINA Environmental Quality August 3, 2021 DWR # 20210986 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS NCDOT TIP #W-5601EY: NC Hwy 42 at SR 2727, Wake County. Dear Mr. Jones: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) July 28, 2021. These impacts are covered by the attached Water Quality General Certification Number 4135 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the general certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Stream Impacts in the Neuse River Basin Site Permanent Fill in Perennial Stream Oinear ft Riprap Stabilization in Perennial Stream linear ft Temporary Dewatering to Perennial Stream linear ft Total Stream Impact linear ft 3 30 60 23 113 5 67 55 27 149 Total 97 115 50 262 Total Stream Impact for Project: 262 linear feet. Wetland Impacts in the Neuse River Basin Site Permanent Fill (ac) Mechanized Clearing (ac) Total Wetland Impact (ac) Total 0.07 0.12 0.19 Total Wetland Impact for Project: 0.19 acres. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. D E Q�� North Carolina Department of Environmental Quality j Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA aewun oeim�m.ma owi� /ZO 919.707.9000 DocuSign Envelope ID:7791441C-CADD-4CC7-A44F-007189F7F257 If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the DWR Transportation Permitting Branch within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to DWR any noncompliance with, and/or any violation of, stream or wetland standards [ 15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. Compensatory mitigation for impacts to 0.19 acres of wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated July 23, 2021 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. 2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [I5ANCAC 02H.0506(b)(2)] 3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 4. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [ 15A NCAC 02H.0506(b)(2)] 5. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 0213.0200] 6. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [I 5A NCAC 02H.0506(b)(2)] 7. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 8. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 9. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 11. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [I 5A NCAC 02H.0506(b)(3)] 13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [I 5A NCAC 02H.0506(b)(3)] D ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000 pepa,hny,�p! EmlmnmmMl puallry DocuSign Envelope ID:7791441C-CADD-4CC7-A44F-007189F7F257 15. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 18. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 19. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 20. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 21. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [I 5A NCAC 02H.0502(f)] 22. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)] 23. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 24. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 25. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)] 26. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200] Q � North Carolina Department of Environmental Quality I Division of Water Resources E512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH RouNa Q. 919.707.9000 oawrhaant or [ iAamm,di Oua� DocuSign Envelope ID:7791441C-CADD-4CC7-A44F-007189F7F257 27. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shallbe maintained onall construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosioncontrol measures and stormwater routing and treatment shall be on site at alltimes. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds that contain federally -protected aquatic species, the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124 (b-e), Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135] 28. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Rob Ridings at rob.ridings(a»ncdenr.gov if you have any questions or concerns. Sincerely, 0DocuSigned by: .11ti 4&p 9C9886312DCD474... S. Daniel Smith, Director Division of Water Resources cc: Andy Williams, USACE Raleigh Regulatory Field Office Chris Murray, Project Engineer, Division 5 Planning & Environmental Heather Montague, Division 5 Environmental Officer Beth Harmon, Division of Mitigation Services File Copy D ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000 pepa,hny,�p! EmlmnmmMl puallry DocuSign Envelope ID:7791441C-CADD-4CC7-A44F-007189F7F257 NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. D ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH OAROLINA 919.707.9000 pepa,hny,�p! EmlmnmmMl puallry DocuSign Envelope ID: 3DA8CB66-1 AEA-466F-AB88-E4B3F543131 E ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Mr. Brandon H. Jones, PE, Division Engineer NCDOT Division 5 2612 North Duke Street Durham, NC 27704 NORTH CAROLINA Environmental Quality August 3, 2021 DWR # 20210986 Wake County Subject: APPROVAL OF NEUSE RIPARIAN BUFFER AUTHORIZATION WITH ADDITIONAL CONDITIONS NCDOT TIP #W-5601EY: NC Hwy 42 at SR 2727, Wake County. Dear Mr. Jones: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) July 28, 2021. These impacts are covered by the Neuse Buffer Rules and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 0213.0611(b)(2)] Neuse Riparian Buffer Impacts Site Zone 1 Impact (sq ft Zone 1 Buffer Mitigation Required(using 3:1 ratio) Zone 2 Impact (sq ft Zone 2 Buffer Mitigation Required(using 1.5:1 ratio 3 6489 N/A 3685 N/A 5 8818 N/A 4830 N/A Totals 15307 0 8515 0 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 23822 square feet. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 0213.061 l(b)(2)] If you are unable to comply with any of the conditions below, you must notify the DWR Transportation Permitting Branch within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to DWR any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B.0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. D E Q�� North Carolina Department of Environmental Quality j Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA aewun oeim�m.ma owi� /ZO 919.707.9000 DocuSign Envelope ID: 3DA8CB66-1 AEA-466F-AB88-E4B3F543131 E Additional Conditions: 1. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by this certification. [15A NCAC 02B.0714]. 2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non -maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [15ANCACO2B.0714]. 3. Pursuant to 15A NCAC 02B.0714, sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This Authorization shall expire five (5) years from the date of this letter. This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0714. Please contact Rob Ridings at rob.ridings&cdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 9C9886312DCD474... S. Daniel Smith, Director Division of Water Resources cc: Chris Murray, Project Engineer, Division 5 Planning & Environmental Heather Montague, Division 5 Environmental Officer File Copy D ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000 pepa,hny,�p! EmlmnmmMl puallry STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4135 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT NUMBER 14 (LINEAR TRANSPORTATION PROJECTS), AND • REGIONAL GENERAL PERMIT 198200031 (NCDOT BRIDGES, WIDENING PROJECTS, INTERCHANGE (IMPROVEMENTS) Water Quality Certification Number 4135 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (14) of the US Army Corps of Engineers regulations and Regional General Permit 198200031. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 By for Linda Culpepper Interim Director CESAW-RG (File Number, SAW-2021-00295) a44-"H, 09/24/2021 Signature of-S'ponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 7/23/2021 was included with the preconstruction notification. (67 linear feet of stream impact at 2:1 ratio and 30 linear feet of stream impact at 1:1 ratio. 0.19 acre (rounded) at 2:1 ratio.) This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC27587 (or by email to SAWMIT@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Andrew Williams USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: andrew.e.williams2@usace.army.mil Date: 2021.08.27 11:44:06-04'00' USACE Project Manager Signature 08/27/2021 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Hiq ha North Carolina Department of Transportation° StOYIwX Highway Stormwater Program STORMWATER MANAGEMENT PLAN (Version 2.07; Released October 2016) FOR NCDOT PROJECTS °k WBS Element: 50138.1.156 TIP No.: W-5601EY County(ies): Wake Page t of 2 General Project Information WBS Element: 50138.1.156 ITIP Number: W-5601EY Project Type: Roadway Widening Date: 10/22/2017 NCDOT Contact: Galen Cat, PE Contractor / Desi ner: Joshua G. Dalton, PE Address: NCDOT Hydraulics Unit 1590 Mail Service Raleigh, NC 27699-1590 Address: Sungate Design Group, P.A. 905 Jones Franklin Road Raleigh, NC 27607 Phone: 919-707-6727 Phone: 919-859-2243 ext. 201 Email: gcail@ncdot.gov Email: jdalton@sungatedesign.com City/Town: Raleigh Coun ies : Wake River Basins : Neuse ICAMA County? No Wetlands within Project Limits? Yes Project Descri bon Project Length lin. miles or feet): 0.20 surroundingLand Use: Low & Medium Residential Pro osed Project Existing Site Project Built -Upon Area ac. 1.1 ac. 0.7 ac. Typical Cross Section Description: NC 42: 3 paved lanes (total 36' wide), 4' paved shoulder on each side, 2' grass shoulder on each side (5' with guardrail) NC 42: open shoulder section, 2 paved lanes (total 24' wide) Annual Avg Daily Traffic (veh/hr/day): Design/Future: 12000 Year: Existing: 9,200 Year: General Project Narrative: (Description of Minimization of Water Quality Impacts) The North Carolina Department of Transportation (NCDOT) has proposed to widen NC 42 in Wake County. This involves the extension of culvert #910975 along Little Creek. The existing culvert is a 3@10'x9' Reinforced Concrete Box Culvert (RCBC) with flared wingwalls and a square edge headwall. The existing culvert is not buried. The proposed extension is approximately 16' upstream and 14' downstream. This structure has been designed to have as little environmental and surface water impacts as possible. Channel improvements were made from the proposed RCBC design. Excavation was kept to a minimum to produce as little impact as possible. Where excavation is necessary, geotextile and rip rap were utilized for bank stabilization in an attemp to reduce stream bank erosion. The proposed extension will not be buried. There is an existing 48" RCP along a jurisdictional stream that will be replaced with a 72" RCP -III. On the NW quadrant of the pipe, there is an existing roadside ditch that outlets into the jurisdictional stream which has been shifted to accomodate the fill slope. The proposed roadside ditch will be lined with Class B rip rap. The proposed ditch outlets into the stream with a non -erosive velocity. On the SE quadrant of the pipe, there is an existing roadside ditch that outlets into the jurisdictional feature. This ditch has been shifted and lined with Class I rip rap. The proposed ditch outlets into the stream with a non -erosive velocity. Waterbody Information Surface Water Body (1): Little Creek NCDWR Stream Index No.: 27-43-15-10 NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: Nutrient Sensitive Waters NSW Other Stream Classification: None Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: Buffer Rules in Effect: Neuse Project Includes Bridge Spanning Water Body? INo I Deck Drains Discharge Over Buffer? INo Dissipator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? I N/A (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) I Highway North Carolina Department of Transportation Stormwater =� Highway Stormwater Program STORMWATER MANAGEMENT PLAN (Version 2.07; Released October 2016) FOR NCDOT PROJECTS WBS Element: 50138.1.156 TIP No.: W-5601 EY County(ies): Wake Page 2 of 2 Additional Waterbody Information Surface Water Body (2): UT to Little Creek NCDWR Stream Index No.: 27-43-15-10 NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: Nutrient Sensitive Waters NSW Other Stream Classification: None Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: Buffer Rules in Effect: Neuse Project Includes Bridge Spanning Water Body? INo I Deck Drains Discharge Over Buffer? INo Dissi ator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? I N/A (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) Surface Water Body 3 : NCDWR Stream Index No.: NCDWR Surface Water Classification for Water Body Prima Classification: Supplemental Classification: Other Stream Classification: Impairments: Aquatic T&E Species? Comments: NRTR Stream ID: Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) Surface Water Body 4 : NCDWR Stream Index No.: NCDWR Surface Water Classification for Water Body Prima Classification: Supplemental Classification: Other Stream Classification: Impairments: Aquatic T&E Species? Comments: NRTR Stream ID: Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissi ator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) Surface Water Body 5 : NCDWR Stream Index No.: NCDWR Surface Water Classification for Water Body Prima Classification: Su lemental Classification: Other Stream Classification: Impairments: Aquatic T&E Species? Comments: NRTR Stream ID: Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissi ator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) W O I See Sheet IA For Index of Sheets See Sheet 1B For Conventionot Symbols 2727 4847 5503 if 2736 �� Gtlf PROJECT SITE 2731 3889 err 3890 5330 5367 4840 2727 388 388 357 2734 42 42 4838 4358 � 435 4360 i/ 2736 4837 735 43 4356 /, 361 / I G��O� O. �P VICINH YMAP STATE OF NORTH CAROLINA DIVISION OF HIGHWAYS WAKE COUNTY LOCATION: CONSTRUCT AN EASTBOUND LEFT TURN LANE ON NC 42 AT THE SR 2727 (SAULS RD.) INTERSECTION. TYPE OF WORK: GRADING, PAVING, DRAINAGE AND CULVERT WETLAND AND SURFACE WATER IMPACTS PERMIT BEGIN STATE TIP PROJECT -L- POT STA. 11 + 00.00 SITE 1 TO HWY-401,---- - -- Q (FUQUAYIVARfNA)' SITE 2 01EY SITE 4 1 �N r 1 jN N.C. W-5601 EY I 50138.1.156 HSIP-0042(067) PE 50138.2.156 HSIP-0042 067 R/W & UTIL. 50138.3.156 HSIP-0042(067) CONST. PERMIT DRAWING SHEET 1 OF 10 END STATE TIP PROJECT W-5601EY -L- POT STA. 22 + 00.00 / END PAVING -L- STA. 21 + 60.00 TO I-40 er Qw N Z } SITE 3 SITE 5 1. THIS PROJECT IS NOT WITHIN MUNICIPAL BOUNDARIES. 2. CLEARING ON THIS PROJECT SHALL BE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD III. GRAPHIC SCALES 50 25 0 50 100 PLANS 50 25 0 50 100 PROFILE (HORIZONTAL) 10 5 0 10 20 PROFILE (VERTICAL) DESIGN DATA ADT 2015 = 12,000 V = 60 MPH FUNC CLASS = MINOR ARTERIAL REGIONAL TIER PROJECT LENGTH LENGTH OF ROADWAY TIP PROJECT W-5601EY =.208 MILES K5 5F,111,fNcrN.c., d 4505Falls ,141 Faxd DIVISION OF HIGHWAYS S"',4aa Raleigh, NC 27609 1000 Birch Ridg a Dr. l rh—,019)783-9114 KC7 Raleigh NC, 27610 — r 7,-266 2018 STANDARD SPECIFICATIONS DEWAYNE L. SYKES, P.E. RIGHT OF WAY DATE: PROJECT ENGINEER AUGUST 19, 2019 BRYAN E. HOUGH, P.E. LETTING DATE: PROJECT DESIGN ENGINEER APRIL 8, 2020 NCDOT CONTACT.- STEPHEN R. DAVIDSON, PE DIVISION DESIGN ENGINEER — DIVISION 5 hcov 0 N z HYDRAULICS ENGINEER ROADWAY DESIGN ENGINEER P.E. SIGNATURE. 75% PLANS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 50' 25' 0 50' 100, PROJECT REFERENCE NO. SHEET NO. W-5601EY 4 F+M PW SHEET NO. SCALE: 1"=100' ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER F F DENOTES FILL IN DENOTES IMPACTS IN WETLAND SURFACE WATER DENOTES MECHANIZED DENOTES TEMPORARY CLEARING IMPACTS IN SURFACE WATER M� �o � N o zz DOCUMENT NOT CONSIDERED FINAL 35 LF OF UNLESS ALL SIGNATURES COMPLETED SITE 3 BANK STABILIZATION INLET F. BENJAMIN FHARMON PERMIT D RAW I N G 30 LF OF INLET CHANNEL IMPROVEMENTS & 42 LF INLET CHANNEL Ln BENJAMIN F. HARMON SEE DETAIL 4 SEEP N / SHEET 3 O F 10 BANK STABILIZATION \ ` ` -� / SITE 4 ENLAR EMENT VIEW DAVID PORTER PHYLLIS PORTER EST.32 TONS CL II RIP RAP \ I \ EST. 57 SY GEOTE)MUE SEE DETAIL 5 �m \ \ ILI \ y- -L- +96.71 S 60A0'LT �O TOE PROTECTION q-I SPEC. LATERAL 'V' DITCH �ccLs-ewP"_SEE EST. 50 TON CL B RIPRAP ET 5 OF 10 / \ SITE 1 ,,,� -+ _ TOE PRO ECTION� - + -'C 50A0' LT STA EST' S7 TONS ICL�� RIB RAP � m 60.00' LT EST. 256 SY GQOTEXX�j��LE'L y STA. 14+ 9 TO 16+86 -L- LT N \ -'C ROnST \ E53`. 69 TONS CL B RIP RAP EST. 311,SY GEOTEXTILE I N� SEE DETAIL I d \ EST. 193 SY GEOTEXTILE . 17+67 TO 19-14 -L- LT SEE DETAIL 2 T TDE 'V C _ SITE 5 PDE I -L- 478,688 RY 50. ' LT I VER 1' TOE PROTECTION STA. 20+50 TO 21+60 -L- LT EST. 44 TONS CL B RIP RAP EST. 195 SY GEOTEXTILE SEE DETAIL 1 SEE ETAYL E E s C G a F -�� Ex s. Nc ww � �� 4 F F �-.i' F _ F Exs,Na ww F F.O., Centu yLinkF�F wrwr4,r�.�.rwrwr - - F.O. Centur Llnk n,lY y w COLLAR .0., Ce to yLink / 60" J F C=CON p H - ° .8" E - — 2" RCP _ _[7H� f oJ�n is�o0n CW� —��H OVOE„or4pL�r�i= HDPE, Johnsto��C—ountrr L Exislwc ww * —r RY IN,NC S e�eF m F� �— —_ F Q x13E'(BASIN TOPTWPFTHJ GTI y- w v e me6E— <Y' PDE HOPE, Jonst on o C E m,+ —_ IF �EC� F P-I C 1 REMOVE 60 LF C}+�?S Dine g Pr gO eS DITCH a Exi rwc iw S SITE 2 \ TOE PROTECTION 18 LF OUTLET CHANNEL +I p (BASIN DEPTH) 1.5: SIDE SLO ggqFFE CAP 1T1':188 CY TDE / C DE C f I 9 I C,OC mom\ �/Cl_ L LATERAL 2 BASE DITCH q EST. I RIP RAP EST. 81 TONS CL I RIP RAP STA. 11 120 TO 14 116 -L- RT BANK STABILIZATION EST. 83 TONS CL B RIP RAP EST. 95 TONS CL II RIP RAP EST. 373 SY GEOTEXTILE GEOTEXTILE ON BANKS ONLY � \ Z9 20 LF F SPECIAL LATERAL IL BASE DITCH w/CL I RIP RAP EST. 295 TONS I RIP RAP EST. 149 SY GEOTEXTILE FROM STA. 21+29 -L- RT TO STA. 22+00 -L- RT SEE DETAIL 1 EST. 45 SY GEOTEXTILE BERRY EUGENE GUY SEE DETAIL 6 _ \' s 1 \e\ \\ CHAN L & \ BANK STABI ATION AT PJ - + 'L GEOTE EST. 681 SY 18 -L- -L- f7q,�7 FROM STA. 18-03 -L- RT 58.00'RT 62 -L- RT SEE DETAIL 3 SICHEL T. SPEIGHTS DOUTL /BZ SEE 2 SEOE DETAIL RACHEL E. TONST ALI # - ELL W B NCH TIE IN 6" AK TREE TLM - ETA. 14+13.7 , 8 .06 LT LEF D17 CH B #2 - YELLON BENCH TIE IN 10" AK TREE L = 231.12' _ STA. 2+9 .86 28 03' LT EL = 69.08 RIG T DITCH - - - - - CULVERT HYDRAULIC DATA 3Ca10'x9' RCBC Sta. 14+28 DESIGN DISCHARGE = 1,300 CFS PIPE HYDRAULIC DATA DESIGN FREQUENCY = 50 DESIGN HW ELEVATION = 229.1 BASE DISCHARGE = 1,711 BASE FREQUENCY = l00 YRS FT CFS YRS 72"WSP & RCP-1V Sla. /8+90 DRAINAGE AREA = 106 AC DESIGN FREQUENCY = 50 YRS DESIGN DISCHARGE = 1/0 CFS END PRO ILE - ELEV. 257. 8' 270 BASE HW ELEVATION = 229.9 FT DESIGN HW ELEVATION = 235.5 FT 2 70 OVERTOPPING DISCHARGE = 3,400 CFS 100 YEAR DISCHARGE = l30 CFS OVERTOPPING FREQUENCY= 500+ OVERTOPPING ELEVATION = 234.9 YRS FT 100 YEAR HW ELEVATION = 235.9 FT OVERTOPPING FREQUENCY= 500+ YRS BEGIN PR FIL i 2 2 OVERTOPPING DISCHARGE = 223 CFS OVERTOPPING ELEVATION = 238.0 FT ELEV. 2 1.1 ' 2 Pl CULVE ZT -L- TA. 14 4 28 1n 1n 250 = 12+75. - EL = 234.90 11 = 50' 70'SK w EL = 2 _ 3.60 I� Ln W J EdVu = 5 M EXT ND EX STING ROPo D K 97 U V I N J II Q m o + 24 cp1D'x9 RCBC OADW Y V 50 MP J z N 24 W I v) m II 2'RCP IV N CD + 4. 2 T�� I+ 7 230 I I II 1=17+ 7- L Z e d I I EL 235. _ I­_o �JJ OJW 1=18 00 L- T 22 NORMLWS 22 DATE 1 -3-17 G EC. AT. m P1=1 +03 -L- HT it 910 L=2 9,8 10 11 12 13 14 15 16 17 18 19 20 21 22 50' 25' 0 50' 100, PROJECT REFERENCE NO. SHEET NO. W-5601EY 4 F+M SCALE: 1"=100' PW SHEET NO. ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER F F DENOTES FILL IN DENOTES IMPACTS IN WETLAND SURFACE WATER DENOTES MECHANIZED DENOTES TEMPORARY CLEARING IMPACTS IN SURFACE WATER M� �o p N o zz DOCUMENT NOT CONSIDERED FINAL 35 LF OF UNLESS ALL SIGNATURES COMPLETED SITE 3 BANK STABILIZATION PIPE INLET BENJAMIN F. HARMON PERMIT D RAW I N G 30 OF INLET CHANNEL IMPROVEMENTS �� 1 8 42 LF INLET CHANNEL � /��w� � BANK STABILIZATION 1N \ L(T BENJAMIN F. HARMON / SEEP DETAIL 4 S N SHEET 4 O F 10 OAV10 PORTER PHYLLIS PORTER ) EST. ES TONS CLIIRIP RAP ,\I 111 �\ EST. 57 SY GEOTEXTILE \, I -k SITE 4 -L- +9&7 3 S SPEC.LATERAL'V'DITCH SEEENLETENT 5 OFEW 10 SEE DETAIL 5 SITE 1 _ z 9 ILI 60.00'LT ( I \ y- TOE PROTECTION �I1 --LCL.6.wRAP EST. 50 TON CL B RIPRAP EST. 193 SY GEOTEXTILE _ - + 50.00' LT 60.00' LT \\ TOE PROECTION� `L -'� K' STA 11 S7 TONS 13L 8 RIB RAP � y STA. 14+ 9 TO 16+86 -L- LT N \ -� t NiY \ EST. 69 TONS CL 8 RIP RAP I EST. 311,SY GEOTEXTILE ly I . 17+67 TO 19-14 -L- LT SEE DETAIL 2 — T PDE I & RY SITE 5 -L- +78.68 ' TOE PROTECTION STA. 20+50 TO 21+60 -L- LT EST. 44 TONS CL B RIP RAP EST. GEOTEXTILE EST. 256 SY G TEXj�.LE� � QO AjL SEE ET 1 -J; SEE DETAIL 1 I'\ CO \`1 d � � I g, TDE ti 50. LT C I VER 1' DE IL SEE DETAIL 1 xx sr E c'C a a F + _ �r - N 'Sf R x 8" E P o �- 23L 3m - �_ _ —25— =F F ��IN c ry ��� J ASfo OV C pp�// O,• p EM VE IF O NDDTC/ �r5 \ \ Exi 1NG w �� y / r' \ 4 � 4 \ N w A p SIZE 60 (BASIN TOP ENGTH x 31 (BASIN TOP W TH) x I (BASIN DEPTH) 1.5: SIDE SLO - w PD`E E C C E . 5 � t" IiNc E SF� /h T C / Ex iw _ / Duke Energy Pro r 9y g ess / �'' �PECIAL SITE 2 TOE PROTECTION 18 LF OUTLET CHANNEL Il CAP 1�: 188 CY I TIDE / @\ ()E C I f — — — c'�+ / I' n LATERAL 2' BASE DITCH r1 es`� w/CL I RIP RAP /9/ EST. 81 TONS CL I RIP RAP STA. 11 120 TO 14 116 -L- RT BANK STABILIZATION EST. 83 TONS CL B RIP RAP EST. 95 TONS CL II RIP RAP EST. 373 SY GEOTE)MUE SEE DETAIL 1 GEOTEXTILE ON BANKS ONLY 79 \ 20 LF F \I CHAN L 8 e\e\ SPECIAL LATERAL IL BASE DITCH EST. 295 TONS CL I RIP RAP - + EST. 681 SY GEOTEXTILE w/CL I RIP RAP / -L- +7q,�7 —26� EST. 149 SY GEOTEXTILE /, FROM STA. 21+29 -L- RT TO STA. 22+00 -L- RT EST. 45 SY GEDETAILLE 1 BANK STABI ATION 'L FROM STA. 16-03 -L- RT 58.00'RT SEE DETAIL 3 BARRY EUGENE GUY SEE DETAIL 6 AT PJ DOUTL /BZ \ \ PEE 2 SEOE DETAIL 62 -L- RT SICHEL T. SPEIGHTS RACHEL E. TUNST ALI # - ELL W BENCH TIE IN 6" AK TREE TLM - ETA. 14+13.7 , 8 .O6 LT [LEFT Dl CH BIl #2 - YELLON BENCH TIE IN 10" AK TREE L = 231.12' - STA. 2+9 .86 28 03' LT EL = 69.08 RlG T DI CH - - - - - CULVERT HYDRAULIC DATA 3CaIQ'X9' RCBC Sta. 14+28 DESIGN DISCHARGE = 1,300 CFS PIPE HYDRAULIC DATA DESIGN FREQUENCY = 50 DESIGN HW ELEVATION = 229.1 BASE06— DISCHARGE = 1,711 BASE FREQUENCY = l00 YRS FT CFS YRS 72"WSP & RCP-1V Sla. /8+90 DRAINAGE AREA = 106 AC DESIGN FREQUENCY = 50 YRS DESIGN DISCHARGE = 1/0 CFS END PROFILE ELEV. 2 7. 8' 270 BASE HW ELEVATION = 229.9 FT DESIGN HW ELEVATION = 235.5 FT 2 70 OVERTOPPING DISCHARGE = 3,400 CFS 100 YEAR DISCHARGE = l30 CFS OVERTOPPING FREQUENCY= 500+ OVERTOPPING ELEVATION = 234.9 YRS FT 100 YEAR HW ELEVATION = 235.9 FT OVERTOPPING FREQUENCY= 500+ YRS BE IN PROFILI i 260 2 OVERTOPPING DISCHARGE = 223 CFS OVERTOPPING ELEVATION = 238.0 FT ELE . 2 1.1 ' 2 Pl CULVE ZT -L- TA. 14 4 28 A 1n 250 = 12�;F75.6 V - = 50' EL = 7D°sK 234.90 w EL = 2 3.60 I; Ln J _ W W = 5 M EXT ND EX STING ROPo D K 97 U I N Q m o + 24 cp1D'x9 RCBC OADW Y V 50 MP 91 Q I W I J z N 1 24 W I Lo m II 21RCP IV N CD + 1% (-J0524I. (+)4.-/667_ �N Lu 561 2 T�� T+ 7 230 I I II 1=17+ 7- L Z d I I EL = 235. is o �J OJLu 1=18 00 L- T 22 NOW I WS J 22 DATE 11 -17 G EC. AT.=Z m P1=1 +03 -L- RT it L=2 9.8 10 11 12 13 14 15 16 17 18 19 20 21 22 TDE IMPACTSAN SURFACI WATER W TEMP IMPACTS IN SURFACE WATER xv J DENOTES IMPACTS IN SURFACE WATER BAN �ATTABILIZATION DENOTES TEMPORARY PIPE INLET IMPACTS IN SURFACE WATER SEE DETAIL 4 IMPACTS I URFACE WATER 42,1 20' 10' 0 20' 40' J tFtM SCALE:I"=20' m of Dt r SPEC. LATERAL 'V' DITCH _ SEE DETAIL 2 a ro ro 0 o O o0 0� Oro N/2 1 C Zs /COO) i T F0 ._ �i L Kle XTA �4 LIN MPIMPACTS SURFACE WATER Lu ° o oO 0 ti0\ SITE S PROJECT REFERENCE NO. SHEET NO. W-5601EY P,W SHEET NO. ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER E PLANS M QO NOT llSE FOR / W ACQUISITION z - ov oc �o 0 0 0 0 0 0 0 0 Oo0�Oo 0 o v� _ vp i oo� 0c:) CD 0 o O o0 1 o g 000 0�0 0 SPECIAL LATERAL 2' BASE DITCH w/CL LRIP--RAP- EST. 295 TONS CL I RIP_RAP- — \ ,P D E — — T-6&1-XTI SY-GIEOTELE FROM STA. 18 + 03 -LT �� -RCP-IV �O STA. 20+62 -L- R BANK STABILIZ ION \ - AT PIPE OUT T SEE DETAIL DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED PERMIT DRAWING SHEET 5 OF 10 0� LJT� JT_ 5 10 PROJ. REFERENCE NO. SHEET NO. I W-5601 EY X-1 1 0 1 0 1 0 1 0 1 0 1 0 0 0 0 0 :5 0 20 1 1 20 0 0 0 0 0 0 0 1 0 1 0 1 0 1 0 1 0 1 0 ITE 1 3 0.02 02 SI E PERMIT DRAWING M CH NI ED CLEARING ?� EC ANIZED C EAR NG H E F 10 q in JI w in FILL I ET N 0.02 Log= FILL I ETL N E HA IZ D CLEARING 2� EC ANIZED C EAR NG Z w ILL N ET AN o.02 02 FILLI WETLAND _ in MECHANIZED LE RING EC ANIZED C EAR NG 0 0 SIT 1 3 3 SIT 2 FILL IN WE LA D 0.02 0.02 ME HA IZ D CLEARING EC ANIZED C EAR NG 12 + 0. 0 P- inL, 0 01 0.01 6:7 10 + 0. 00 1 0 1 0 1 0 1 0 110 1 10 0 0 0 0 5 0 20 1 1 20 0 0 0 0 0 0 0 1 0 1 0 1 0 1 0 1 0 1 0 0 LJJJTJJ_�I 5 10 PROJ. REFERENCE NO. SHEET NO. W-5601 EY X-2 1 0 1 0 1,30 120 1 0 100 90 80 70 60 50 AO 30 20 1 1 20 30 AO 0 60 0 80 0 100 1 0 1,10 130 1 0 150 PERMIT DRAWIN H E F 10 O. 2 O.0 0. 22 0.02 0.0 0.02 z 16+ 0. 0 -- ITE 4 3 0.(12 .02 ME HA IZ D LE RING 2` Z ME HA IZ D FILL CLEARING Vs—WETIJ 'ND 15 + 0. 0 ITE 4 ST EA LITTLE CREEK ME HA IZ D LE RING tit S RF CE WA ER ITE 3 — — TMPIMACSI S RF CE WA ER 14+ - SI E S REAM ITT E qREEK IM CTS IN P 1 1 0.02 .02 — ?. A ER N. 0. 0 1 0 1 0 1 0 1 0 1 0 100 0 80 10 10 50 4p 10 1 20 11 1 20 0 0 0 0 0 0 0 1 0 1 0 1 0 1 0 1 0 1 0 PROJECT REFERENCE NO. SHEET NO. W—5601EY ROADWAY DESIGN ENGINEER HYDRAULICS ENGINEER dNC®N�PLE rE PLANS DO NOV USE P+OE VW ACQUIRT]ON DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED C STA, 1 +28 - - 3@ 0'x ' R BC C1. EL V 34.9' SITE J 2.12:1 SKEWED ( YP. :1 NO M L (Ty .) EXISTING RIGHT EXIS . TOP SLAO EXIST NG RIGHT TO O B NK ELE .= 22.7 V T DP DF ANK E EV. 2 4.3 / DATE: 8-3-17 LEV = 2 2. OUTLET PR TEC IO BA KFI MA L 5:1 N RM L XIS . INVERT O ELE . = 18. ' LA S I RIP RA LO E=0.0 • 3 FT.FT EXIST. IN ER EO EXT LE TYP) ELEV. = 2 2.7 OL)TLEr POT CTI N CL SS THWIC II R P RAP 2� GOT XTI E ( P.) EX AV TI N EXCAVATION2 Y III, left j,EO LA S II RIP RAP EX ILE (TYP.) S LE 5' PROJECT REFERENCE NO. SHEET NO. W—5601EY ROADWAY DESIGN ENGINEER INC®NPLE HYDRAULICS ENGINEER rE PLANS DO NOT USE FOR VW ACQUIRT]ON DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET 9 OF 10 C STA 1 72" W + 87 — P/RCP — SITE 5 I I OP=24 —22 .9 .6 EX TOP F BAN EX OP OF BANK EX 8" RCP — — INV=230.4 72' S=1.01% WSP 20 LF CL I RI PROPOE RAP ED CO NTERS NK 2" RCP S =1.0 IV °/D 72 ' RCP —IN' =1.010 IN =228. WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 11+79 to 13+65-L-LT ROADWAY FILL 0.02 0.06 100007 2 11+88 to 13+66-L-RT ROADWAY FILL 0.03 0.03 00007 3 13+87 to 14+38-L-LT CULVERT EXTENSION INLET Individually rounded numbers < 0.01 16 INLET CHANNEL < 0.01 13 INLET BANK STABILIZATION 42 CULVERT EXTENSION OUTLET < 0.01 14 OUTLET CHANNEL 0.01 10 OUTLET BANK STABILIZATION 18 4 14+43 to 15+86-L-LT ROADWAY FILL 0.03 0.04 5 17+75 to 19+36-L- 72" PIPE at INLET < 0.01 20 18+94 to 19+36-L-LT INLET CHANNEL < 0.01 12 19+05 to 19+26-L-LT INLET BANK STABILIZATION The hydraulics unit calculates the complete/final amount and then rounds the final quantity. 35 18+04 to 18+38-L-RT 72" PIPE at OUTLET 47 17+75 to 17+87-L-RT OUTLET CHANNEL < 0.01 < 0.01 15 17+87 to 18+04-L-RT OUTLET CHANNEL COUNTERSUNK RIP RAP AND BANK STABILIZATION < 0.01 20 TOTALS*: 0.07 1 RIM 0.12 0.02 0.02 212 50 0 *Rounded totals are sum of actual impacts NOTES: 2018 Feb I See Sheet IA For Index of Sheets See Sheet 1B For Conventionot Symbols 2727 4847 5503 if 2736 �� Guf PROJECT SITE 2731 3889 err 3890 5330 5367 4840 2727 388 388 357 2734 42 42 4838 4358 � 435 4360 i/ 2736 4837 735 43 4356 /, 361 / I G��O� O. �P VICINN YMAP STATE OF NORTH CAROLINA DIVISION OF HIGHWAYS WAKE CO UNTY LOCATION: CONSTRUCT AN EASTBOUND LEFT TURN LANE ON NC 42 AT THE SR 2727 (SAULS RD.) INTERSECTION. TYPE OF WORK: GRADING, PAVING, DRAINAGE AND CULVERT BEGIN STATE TIP PROJECT W-5601EY -L- POT STA. 11 + 00.00 TO HWY-401---- - -- Q (FUQUAY IVAP"A) BUFFER IMPACTS PERMIT RAC _41- �,� SITE 3 N.C. W-5601 EY I 50138.1.156 HSIP-0042(067) PE 50138.2.156 HSIP-0042 067 P/W & UTIL. 50138.3.156 HSIP-0042(067) CONST. BUFFER DRAWING SHEET 1 OF 4 END STATE TIP PROJECT W-5601EY N -L- POT STA. 22 + 00.00 1 aN END PAVING -L- STA. 21 + 60.00 TO I-40 er Qw N Z I} SITE 5 1. THIS PROJECT IS NOT WITHIN MUNICIPAL BOUNDARIES. 2. CLEARING ON THIS PROJECT SHALL BE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD III. GRAPHIC SCALES DESIGN DATA 50 25 0 50 100 ADT 2015 = 12,000 PLANS V = 60 MPH 50 25 0 50 100 FUNC CLASS = MINOR ARTERIAL PROFILE (HORIZONTAL) 10 5 0 10 20 REGIONAL TIER PROFILE (VERTICAL) PROJECT LENGTH LENGTH OF ROADWAY TIP PROJECT W-5601EY =.208 MILES or: K5 5F,111scf<<erN.c., d 4505Falls -41 Faxd DIVISION OF HIGHWAYS S"',4aa Raleigh, NC 27609 1000 Birch Ridg a Dr. l rh—,019)783-9114 KC7 Raleigh NC, 27610 — Faa (Y I `J7 7,-266 2018 STANDARD SPECIFICATIONS DEWAYNE L. SYKES, P.E. RIGHT OF WAY DATE: PROJECT ENGINEER AUGUST 19, 2019 BRYAN E. HOUGH, P.E. LETTING DATE: PROJECT DESIGN ENGINEER APRIL 8, 2020 NCDOT CONTACT.- STEPHEN R. DAVIDSON, PE DIVISION DESIGN ENGINEER — DIVISION 5 hcov 0 N z HYDRAULICS ENGINEER ROADWAY DESIGN ENGINEER P.E. SIGNATURE: 75% PLANS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED w w z 0 �Fne 'AF»e H�y}e w�u r v+< 50' 25' 0 50' 100, PROJECT REFERENCE NO. SHEET NO. W-5601EY 4 F+M PW SHEET NO. SCALE: 1"=100' ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER ALLOWABLE IMPACTS ZONE 1 ALLOWABLE IMPACTS ZONE 2 o zz DOCUMENT NOT CONSIDERED FINAL 35 LF OF UNLESS ALL SIGNATURES COMPLETED SITE 3 BANK STABILIZATION PIPE INLET F. BENJAMIN FHARMON BUFFER D RAW I N G SEE DETAIL 4 S 30 LF OF INLET \ CHANNEL IMPROVEMENTS 1 ID BENJAMIN F. HARMON / 8 42 LF INLET CHANNEL l N BANK STABILIZATION \ / DAVID PORTER PHYLLIS PORTER EST. 32 TONS CL II RIP RAP EST. 57 SY GEOTE)MUE \ \ -L- +96.71 S SPEC. LATERAL 'V' DITCH SEE DETAIL 5 I` 'LT %/CL B RIPRAP _ + \ \ ,, TOE PR ` O�CTION � m TOE PROTECTION NI \ 'L _*STA. 14+�39 TO 16+86 -L- LT I ST ESQ: 69 TONS CL B RIP RAPSTA. EST . 50 TON CL B RIPRAP EST. 193 SY GEOTEXTILE . 17+67 TO 19-14 -L- LT SITE 5 TOE PROTECTION 20 50 TLT OCL STA. 11 84 TO 13 i' 8 -L- T 50A0' LT EST. 57 TONS CL RIB RAP Dmm 60.00' LT EST. 256 SY GQOTEXX��LE'L NF�ROMI \ I s EST. 311,SY GEOTEXTILE l d -7 I SEE DETAIL I ' ap CO \ SEE DETAIL 2 T TDE — - \ I EST. 444 TONS B RIP RAP EST. 195 SY GEOTEXTILE SEE DETAIL 1 E SEE ESE w E �er exSTNeww � \ 4F 4 0 I c C 4 EXISTING ww Nov' � ' wrwr4�Wrwr�vr \ EeT- - o F.O. Centur Llnk gl u_CONC. DITCH F.O., Centu yLink �F -- - -- - .0., CenturyLL!nk --' F J - _ N.C. HWY 42 R� 81 @ B \ % 78 N ' 0/' 44.8' E ' L Z8 ° - - --,� --� C. HWY 42 - _ 24.5' BST - _ - i[7�� oJ�in S�o�n CW Uri— - Tv OVO„ _ o'c4Nr��iCi� o HDPE, Jornsto 5 HOPE, JConst on - C NounLt r Ce- - REMOVE 60 LF mDu�e� Ex6TWG wW \� Y- y.� A y- F SIZE' BASIN IN TOP F ENGTH ( )x (BASIN DEPTH) 1.5: SIDE SLOPE, \ . e • F m 6E— C _E �L p F R ov C E FT I CPT QQ ING TW Pr CONC.2DITCH } z s �/Cl_ ` /�: 188 CY TDE �� \� Sc T m • L LATERAL 2' BASE DITCH es`T w/CL I RIP RAP TOE PROTECTION 18 LF OUTLET CHANNEL STA. 11 120 TO 14 116 -L- RT BANK STABILIZATION EST. 83 TONS CL B RIP RAP EST. 95 TONS CL II RIP RAP EST. 373 SY GEOTE)MUE GEOTEXTILE ON BANKS ONLY � \ s s \I � o. Ze 2 F L & L - + p 4 V+NJ SPECIAL LATERAL 2' BASE DITCH w/CL I RIP RAP o EST. 681 TONS CL I RIP RAP I` EST. 681 SY GEOTEXTILE -L- f7q,�7 EST. 81 TONS CL I RIP RAP EST. 149 SY GEOTEXTILE FROM STA. 21+29 -L- RT TO STA. 22+D0 -L- RT SEE DETAIL 1 EST. 45 SY GEOTEXTILE BARRY EUGENE GUY SEE DETAIL 6 1 o \\. Z9 BANK �. ATI --_BANK, �\� O 'L BZ 2 FROM STA. 18-03 -L- RT 58.00'RT TO STA. 20+62 -L- RT SEE DETAIL 3 SICHEL T. SPEIGHTS 1\ �'/�..,/$fE D� � SEE DETAIL 3 RACHEL E. TUNST ALI M # - ELL W BENCH TIE IN 6" OAK TREE - ETA. TL-L 14+13.7 , 8 .O6 LT LEF D17 CH Bll #2 - YELLON BENCH TIE IN 10" AK TREE = 231.12' - STA. 2+9 .86 28 03' LT EL = 69.08 RIG T DI CH - - - - - CULVERT HYDRAULIC DATA 3CaIQ'X9' RCBC Sta. 14+28 DESIGN DISCHARGE = 1,300 CFS PIPE HYDRAULIC DATA DESIGN FREQUENCY = 50 DESIGN HW ELEVATION = 229.1 BASE DISCHARGE = 1,711 BASE FREQUENCY = l00 YRS FT CFS YRS 72"WSP & RCP-/V Sla. /8+90 DRAINAGE AREA = 106 AC DESIGN FREQUENCY = 50 YRS DESIGN DISCHARGE = 1/0 CFS END PRO ILE — ELE . 2 7. 8' 270 BASE HW ELEVATION = 229.9 FT DESIGN HW ELEVATION = 235.5 FT 2 70 OVERTOPPING DISCHARGE = 3,400 CFS 100 YEAR DISCHARGE = l30 CFS OVERTOPPING FREQUENCY= 500+ OVERTOPPING ELEVATION = 234.9 YRS FT 100 YEAR HW ELEVATION = 235.9 FT OVERTOPPING FREQUENCY= 500+ YRS BEGIN PROFILE i 2 OVERTOPPING DISCHARGE = 223 CFS OVERTOPPING ELEVATION = 238.0 FT 260 ELEV. 2 1.1 ' ::t kQ Lo `2 P CULVERT -L- TA. 14 28 J I� cr In 250 l = 125. +7 - EL = 234.90 V = 50' 7D°sK w EL = 2 3.60 I; J _ W W = 5 M EXT ND EX STING ROPo D K 97 U V I N J II Q m o + 24 �10'x9 RCBC OADW Y V 50 MP a/ Q I W I J z N 24 W I vT m II eRCP IV N CD + 2 Til I+ 230 I I II l=17+ 57- L Z d I I EL 235. O 1 1=18 00 L- T 22 NORM L WS J J W 22 DATE -3-17 B7G SPEC.LAT. m Pl=l +03 -L- RT it L=2 98210 10 11 12 13 14 15 16 17 18 19 20 21 22 RIPARIAN BUFFER IMPACTS SUMMARY IMPACTS BUFFER TYPE ALLOWABLE MITIGABLE REPLACEMENT Site Station Structure ROAD PARALLEL No. (From/To) Size / Type CROSSING IMPACT BRIDGE ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 (ft2) (ft2) (ft2) (ft2) (ft2) (ft2) (ft2) (ft2) 3 13+18 to 15+39-L- CULVERT EXTENSION X 6489 3685 10174 5 17+48 to 19+77-L- ROADWAY FILL X 8818 4830 13648 TOTALS*: 15307 1 8515 1 23822 1 0 1 0 1 0 1 0 0 NOTES: 2018 Feb WETLANDS IN BUFFER IMPACTS SUMMARY WETLANDS IN BUFFERS ZONE1 ZONE2 SITE NO. STATION (FROM/TO) (ft) (ft) 3 1 13,18 to 15+39-L- 278 917 (TOTAL: 1 278 1 917 1 2018 Feb NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 7-21-2021 WAKE COUNTY W-5601EY 50138.3.156 SHEET 4 OF 4 Rev. Jan 2009 DWR Division of Water 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 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. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edoes. deq. n e.gov/WaterResou rces/0/ed oc/624704/PCN % 20 Help / 20F i le / 202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Wake Is this a NCDMS Project* r Yes C No Click Yes, only if NCDlvS is the applicant a co -applicant. Is this project a public transportation project? O Yes f No This is arry publicly funded by rrunicipal,state a federal funds road, rail, airport transpafatm project. Is this a NCDOT Project?* C Yes C No (NCDOT only) T.I.P. or state project number: W-5601EY WBS#* 50138.1.156 (Note: charge any administrative fees to 50138.155) (fa N=use aiy) 1a. Type(s) of approval sought from the Corps:* IJ Section 404 Permit (wetlands, streams and waters, Clean Water Act) G Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes R No 1 b. What type(s) of permit(s) do you wish to seek authorization? IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified bythe Corps?* 6 Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): List all NJVnurbers ycu are applying fa not m the drop dawn list. 1d. Type(s) of approval sought from the DWR:* check all that apply PP 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non-404 Jurisdictional General Permit rJ Riparian Buffer Authorization r Individual 401 Water Quality Certification 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. Click hereto read more information on when this form is needed prior to application submission or hereto view the form. Is this a courtesy copy notification?* r Yes (-- No ID# Version 20210986 1 Pre -fling Meeting or Request Date 6/30/2021 Attach documentation of Pre -Filing Meeting Request here:* Oickthe upload button a drag and drop files here to attach docurrent W-5601 EY Pre -filing meeting review information 20120986 ver 1.pdf 1.11 MB File type crust be FCF 1e. Is this notification so lelyfor the record because written approval is not required? .............................................. ....................................................................................................................................... * For the record onlyfor DWR401 Certification: f Yes F No For the record onlyfor Corps Permit: f Yes F No 1f. Is this an after -the -fact permit application?* C Yes F No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from ratigaton bank a in -lieu fee program F Yes r No Acceptance Letter Attachment Oickthe upload button a drag and drop files here to attach docurrent Accept-W-5601 EY-Div 5.pdf 394.3KB FiLEiYFE MJST BE FDF 1 h. Is the project located in any of NC's twenty coastal counties?* r Yes F No 1j. Is the project located in a designated trout watershed?* c Yes c No Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information V 1a. Who is the Primary Contact?* Chris Murray, SPWS 1b. Pri mary Contact Email:* camurray@ncdot.gov 1d. Who is applying for the permit? W Owner (Check all that apply) le. Is there an Agent/Consultant for this project?* C Yes (-- No 2. Owner Information 2a. Name(s) on recorded deed:* North Carolina Department of Transportation 2b. Deed book and page no.: 2c. Contact Person: (fa Corpvations) 2d. Address* 1c. Primary Contact Phone:* (xxx)xxx-xxxx (919)220-4618 ❑ Applicant (other than owner) Street Address 2612 North Duke Street Address Line 2 atY Durham Postal / Zp Code 27704 2e. Telephone Number:* (xxx)xxx-xxxx (919)220-4618 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* camurray@ncdot.gov State / Aovince / Regim NC Country USA C. Project Information and Prior Project History 1. Project Information lJ 1a. Name of project:* Construct eastbound left turn lane on NC 42 at SR 2727 (Sauls Rd) intersection in Wake County 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: * Raleigh 2. Project Identification lJ 2a. Property Identification Number: 2b. Property size: (tax RN a parcel ID) (in acres) Various 3.2 2c. Project Address Street Address near 4366 NC Highway 42 Address Line 2 aty State / Aovince / Regim Raleigh NC Postal / Zp Code Country 27603 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.59004-78.63480 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lick Creek 3b. Water Resources Classification of nearest receiving water:* 27-43-15-10; Class C; NSW Surface Water Lookup .............................................................................................................. ....................... 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located.* 030202010902 River Basin Lookup 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:* Existing conditions at the site includes wooded, undeveloped land. Scattered residential housing is located along NC 42 just outside of the project limits. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes F No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.19 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and paenrial) 262 4h. Explain the purpose of the proposed project:* Purpose of the project is to improve safety of the intersection by reducing the number of rear end collisions. This is accomplished by installing a left turn lane on NC 42 to give left turning vehicles storage separate from the through lane. The project is not being constructed as part of another project (i.e. new subdivision or business). It is a single and complete project which has independent utility. In other words, this is a stand alone project that meets the purpose and need statement. This project is not related to any other project that has stream and/or wetland impacts. —Important: This W-5601 EY project will be let with W-5601 EX. W-5601 EX is a separate intersection improvement project in the nearby vicinity (but is NOT directly adjacent to the limits of W-5601 EY). Both projects have separate independent utility and exist as separate projects. The W-5601 EY project as a TIP number will likely be dropped and both the W-5601 EX and W-5601 EY project combined inletting to assist in reducing project costs and administrative issues. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: 1. Widen fill slopes (reduced to 2:1 in wetlands and streams) throughout the project to provide for the typical section. 2. Extend emsting 3 @ 10'x9' Reinforced Box Culvert (Structure 910975) at Lick Creek. 3. Emsting 48 inch RCP pipe will be replaced with a larger 72 inch RCP pipe. This pipe will partially be installed via trenchless installation. 4. Emsting cross section: 2 paved lanes (24 ft total width). Proposed cross section: 3 paved lanes (36 ft total width). 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* c Yes r No Comments: Delineated by Nikki Thompson (Kleinfelder). 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary O Approved f Not Verified r Unknown f N/A Corps AID Number: Exarrple: SAW-2017-99999 SAW-2021-00295 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nikki Thompson Agency/Consultant Company: Kleinfelder Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR. February 11, 2021 6. Future Project Plans 6a. Is this a phased project?* r Yes r 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands F0 Streams -tributaries W Buffers F- Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2al Reason*(?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of J12g. Jurisdicition*(') Impact area* Site 1 Roadway Fill P Bottomland Hardwood Forest Wetland B Yes Both 0.020 (acres) Site 1 Mechanized Clearing P Bottomland Hardwood Forest Wetland B Yes Both 0.060 (acres) Site 2 Roadway Fill P Bottomland Hardwood Forest Wetland C Yes Both 0.030 (acres) Site 2 Mechanized Clearing P Bottomland Hardwood Forest Wetland C Yes Both 0.030 (acres) Site 4 Roadway Fill P Bottomland Hardwood Forest Wetland A Yes Both 0.030 (acres) Site 4 Mechanized Clearing P Bottomland Hardwood Forest Wetland A Yes Both 0.040 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.210 2g. Total Wetland Impact 0.210 2i. Comments: Rounding issues with this PCN spreadsheet. NCDOT summary sheet indicates 0.07 ac total permanent fill in wetlands and 0.12 ac total mechanized clearing in wetlands. NCDOT will provide for 0.19 ac of wetland mitigation for the project. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 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 M Jurisdiction* length* S1 Culvert extension inlet Permanent Culvert Lick Creek Perennial Both 23 16 Average (feet) (linear feet) S2 Culvert inlet channel Tem orar P Y Dewaterin 9 Lick Creek Perennial Both 23 13 dewatering Average (feet) (linear feet) S3 Culvert inlet bank Permanent Bank Stabilization Lick Creek Perennial Both 23 42 stabilization Average (feet) (linear feet) S4 Culvert extension outlet Permanent Culvert Lick Creek Perennial Both 24 14 Average (feet) (linear feet) S5 Culvert outlet channel Tem orar P Y Dewaterin 9 Lick Creek Perennial Both 24 10 dewatering Average (feet) (linear feet) S6 Culvert outlet bank Permanent Bank Stabilization Lick Creek Perennial Both 24 18 stabilization Average (feet) (linear feet) S7 72 inch e at inlet pipe Permanent Culvert UT to Lick Creek Perennial Both 8 20 Average (feet) (linear feet) gg 72 inch pipe inlet channel Temporary Dewatering UT to Lick Creek Perennial Both 8 12 Average (feet) (linear feet) S9 72 inch e inlet bank pipe Permanent Bank Stabilization UT to Lick Creek Perennial Both 8 35 stabilization Average (feet) (linear feet) S10 72 inch pipe at outlet Permanent Culvert UT to Lick Creek Perennial Both 8 47 Average (feet) (linear feet) S11 72 inch pipe outlet channel Temporary Dewatering UT to Lick Creek Perennial Both 8 15 Average (feet) (linear feet) S12 72 inch pipe outlet Permanent Bank Stabilization UT to Lick Creek Perennial Both 8 20 countersunk rip rap pad and Average(feet) (linear feet) bank stabilization ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 212 3i. Total temporary stream impacts: 50 3i. Total stream and ditch impacts: 262 3j. Comments: 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)? * Check all that apply. rJ Neuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other 6b. Impact Type*(?) Culvert Extension/Roadway Fill 6c. Per or Temp* (?) 6d. Stream name* 6e. Buffer mitigation required? * 6f. Zone 1 impact* 6g. Zone 2 impact* P Lick Creek No 6,489 3,685 -] (square feet) (square feet) Pipe Extension/ Roadway Fill P UT to Lick Creek t 8,818 (square fee[) 4,830 (square feet) 6h. Total buffer impacts: ........................................................................................................................................................................................................................... Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 15,307.00 8,515.00 Zone 1 Zone 2 Total combined buffer impacts: 15,307.00 8,515.00 6i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* 1. Both structures have been designed to have as little wetland, stream and buffer impact as possible. 2. Bank excavation was kept to minimumto produce as little impact as possible. 3. Stilling Basin #1 relocated outside of riparian buffer area. 4. Where excavation is necessary, geotextile and Class II rip rap will be used to provide long term stabilization and reduce stream bank scour. 5. A 72 inch water line located to the south of NC 42 will be relocated at project. This will be installed at the culvert site by bore/jack with receiving/exit pits outside of the riparian buffer zones (i.e no stream impacts from this specific utility at the culvert crossing). 6. Project will utilize 2:1 slopes throughout limits ofjurisdictional resources to minimize impacts to streams, wetlands and riparian buffers. The Division Roadside Environmental Field Operations Engineer has indicated that further steepening of the fill slope (i.e. to a 1.5:1) will result in reduced establishment of permanent vegetation and result in loss of sediment from the fill slope. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* 1. Significant effort will be made during construction to minimize impacts to streams, wetlands and riparian buffers. This will be accomplished through monthly environmental permit reviews. Additional on site meetings will be held with NCDOT inspectors and contractor to evaluate further efforts to minimize impacts during construction. 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? F Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR I7 Corps 2d. If yes, which mitigation option(s) will be used for this project? ❑ Mitigation bank © Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. G Yes G No 4b. Stream mitigation requested: (linear feet) 30 linear feet at 1 : 1 ratio and 67 linear feet at 4c. If using stream mitigation, what is the stream temperature: a 2:1 ratio. This is per Andy Williams (USACE) warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. 4e. Riparian wetland mitigation requested: (acres) 4d. Buffer mitigation requested (DWR only): 0.19 acre at a 2:1 ratio per Andy Williams (square feet) (USACE) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4g. Coastal (tidal) wetland mitigation requested: (acres) F. Stormwater Management and Diffuse Flow Plan (required by DWR) Ca *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? F Yes r 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 flowwill be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? r" Level Spreader r" Vegetated Conveyance (lower SHWT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum30% nitrogen [jl Proposed project will not create concentrated stormwater flowthrough the buffer (check all that apply) For a list of options to meet the diffuse flow requirements, click here. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r• Yes r No Comments: 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?* F Yes r 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)?* F Yes r No 1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House? (If so, attach a copyof the NEPAor SEPAfinal approval letter.)* Yes 6 No Comments:* Document does not need to be finalized by the State Clearing House. 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)? * f Yes (-- No 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?.* r Yes r- No 3b. If you answered "no," provide a short narrative description. This safety project has independent utility and is not tied to any other project. Construction of this project does not result in additional development. 4. Sewage Disposal (DWR Requirement) 4a.Issewage disposal required byDWRforthis project?* r Yes C No O 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?* 6 Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* F Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes O No 5e. Is this a DOT project located within Division's 1-8?* O Yes O No O Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* Completion of a Natural Resource Technical Update, various updated site visits to conduct protected species surveys/assessments and various coordination with Gary Jordan (USFWS) to specifically reviewthis project and the various aquatic species surveys most recently on February 11, 2021. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? C Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Available mapping. 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.neder.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 historyand archaeology)?* r Yes F No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Direct coordination with NCDOT Cultural Resources including Archaeology and Historic Architecture reviews and assessments. 8. Flood Zone Designation (Corps Requirement) Link to the FEMAFIoodplain Maps: https://rrse.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? F Yes r No 8b. If yes, explain how project meets FEMA requirements: The effective FEMA panel is 1606. This project has been approved through the North Carolina Floodplain Mapping Program and coordination with NCDOT. The project will be completed as a MOA Type 2b, which are projects that result in measurable impacts with a decrease of greater or less than 0.5 ft. 8c. What source(s) did you use to make the floodplain determination?* The effective HEC-RAS model and effective panel that was obtained from FEMA and NCFRIS were utilized to determine the effects of the revised structure on the floodplain. Miscellaneous U Comments The project is not being constructed as part of another project (i.e. new subdivision or business). It is a single and complete project which has independent utility. In other words, this is a stand alone project that meets the purpose and need statement. This project is not related to any other project that has stream and/or wetland impacts. —Important: This W-5601 EY project will be let with W-5601 EX. W-5601 EX is a separate intersection improvement project in the nearby vicinity (but is NOT directly adjacent to the limits of W-5601 EY). The W-5601 EY project as a TIP number will likely be dropped and both the W-5601 EX and W-5601 EY project combined in letting to W-5601 EX assist in reducing project costs and administrative issues. Current let date is June 8, 2022 but will likely be accelerated to December 8, 2022. Anticipate construction to start in March 2022. Minimum Criteria Determination Checklist signed on May 29, 2018 for W-5601 EY. 72 inch water line will be relocated at project. This will be installed at the culvert site by bore/jack with receiving/exit pits outside of the riparian buffer zones (i.e no stream impacts from this specific utility). This will be installed at the pipe extension site by open cut within the footprint of the future project fill footprint (note: this has been discussed with the USFWS). 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 a drag and drop files here to attach docurrent W5601 EY_Permit Drawings Wetland_20210721.pdf 2.01 MB W5601 EY_Permit Drawings Buffer_20210721.pdf 769.58KB W-5601 EY Permit Package Supporting Information.pdf 13.39MB File mst be FLF a IQvI7 Signature V 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 CWA401 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:* Christopher A. Murray Signature * cl#14 is ,4: 4191-�4y Date 7/28/2021 North Carolina Department of Transportation NEPA/SEPA Consultation Form STIP Project No. W-5601 EX and W-5601 EY WBS Element 50138.1.155 and 50138.156 Federal Aid Project No. HSIP-0042(066) and HSIP-0042(067) A. Project Description, Location, and Purpose: The North Carolina Department of Transportation (NCDOT) is proposing to widen NC 42 for a center turn lane from west of Mary Hobby Road (SR 2734) to east of Winterton Drive (SR 5367) in Wake County (W-5601 EX). The NCDOT is also proposing to widen NC 42 for an eastbound left turn lane at Sauls Road (SR 2727) in Wake County (W-5601 EY). The purpose of each project is to improve the safety and traffic operations at the intersections. B. Consultation Phase: (Check one) ❑ Right -of -Way ❑ Construction Other: Previous document will be greater than one year old when the Division requests construction authorization. C. NEPA/SEPA Class of Action Initially Approved as: ❑X FHWA Class II (CE) May 29, 2018 (both projects) Additional Notes: A Categorical Exclusion (CE) was completed for the widening of NC 42 for an eastbound left turn lane at Sauls Road when it was known as W-5601 EY and was signed on May 29, 2018. The original CE was completed for the widening of NC 42 for a center turn lane from Field Hill Road (SR 5330) to Winterton Drive (SR 5367) (always known as W-5601 EX) on May 29, 2018. The W-5601 EY project was subsequently combined to W-5601 EX. A Right of Way (ROW) Consultation was completed for the combined projects on June 18, 2019. A Construction Consultation was completed for the combined projects on September 28, 2021. D. Changes in Proposed Action & Environmental Consequences: Design: There have been no substantial changes to the design since the Construction Consultation was completed for both projects. Minor changes have been made in regard to the following: 1) Limits of Construction Easement at Parcel 2A on W-5601 EX and 2) Limits of Construction Easement and new ROW acquisition on Parcel 2 on W-5601 EY. Federally Protected Species: The list of federally protected species for Wake County has not changed since the Construction Consultation was completed. See the following information: Updated 3/17/20 Table 1 for both W-5601 EX and W-5601 EY. - - r KIM. . - Bald eagle No Bald and Golden Eagle Prot. Act No Effect 2,5,6,12 Northern long-eared bat No Threatened MA-LAA 5,9 Carolina madtom* Yes Endangered MA-NLAA 1,5,6,8,10,11 Carolina madtom Critical Habitat No Endangered Not Applicable Neuse River waterdo * Yes Threatened MA-NLAA 1,5,6,8,10,11 Neuse River waterdog Critical Habitat No Threatened Not Applicable Atlantic i toe* No Proposed Threatened MA-NLAA 1,516,7,10,11 Atlantic pigtoe Critical Habitat No Proposed Threatened Not Applicable Dwarf wed emussel* Yes Endangered MA-NLAA 1,5,6,7,10,11 Tar Rivers in mussel No Endangered No Effect 1,7 Yellow lance* Yes Threatened MA-NLAA 1,5,6,7,10,11 Yellow lance Critical Habitat No Threatened Not Applicable Cape Fear shiner No Endangered No Effect 1 Red -cockaded woodpecker* Yes Endangered No Effect 2,5,6,13 Michaux's sumac No Endangered MA-NLAA 2,3,4,5,6,13 Information Source or Note: 1. Aquatic Species Survey Report for W-5601 EY (March 28, 2018) 2. Surveys for Michaux's sumac, Red -cockaded woodpecker and Bald eagle for W- 5601 EY project (July 26, 2018). 3. Michaux's sumac survey for W-5601 EX (June 3, 2019) 4. Michaux's sumac survey for W-5601 EY (June 3, 2019) 5. Section 7 Concurrence Request for W-5601 EY (July 31, 2020) 6. USFWS Concurrence for W-5601 EY (August 3, 2020) 7. Revised Programmatic Biological/Conference Opinion -Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8 (USFWS, September 11, 2019) 8. Programmatic Conference Opinion -Bridge and Culvert Replacement/Repair/ Rehabilitation Effects on Carolina madtom and Neuse River Waterdog in NCDOT Divisions 2,4,5 and 7 (USFWS, May 7, 2020) 9. Programmatic Biological Opinion-NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8 (USFWS, November 6, 2020) 10. NCDOT email request to USFWS for updated aquatic species concurrence for W- 5601 EY (February 11, 2021) 11. USFWS response to request for aquatic species concurrence for W-5601 EY (February 11, 2021) 12. Updated Bald Eagle survey for combined W-5601 EX and W-5601 EY (March 10, 2021) 13. Michaux's sumac and Red -cockaded woodpecker Update for W-5601 EX and W- 5601 EY (June 4, 2021) 14. IPaC species potentially affected by activities at the project are indicated by an asterisk. 2 Updated 3/17/20 The USFWS has revised the previous programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. Although this programmatic covers Divisions 1- 8, NLEBs are currently only known to occur in 30 counties within Divisions 1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30 current known/potential counties shown on Figure 2 of the PBO at this time. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO provides incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for ten years for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Wake County, where W-5601 EX and W- 5601 EY are located. Currently the 30 counties where NLEBs are known to occur does not include Wake County. This level of incidental take is authorized from the effective date of a final listing determination through December 31, 2030. There are no environmental commitments for the NLEB for projects located in Division 5. Use of the Programmatic Biological Opinion/Programmatic Conference Opinion for aquatic species (including mussels, Carolina madtom and Neuse River waterdog) require specific Conservation Measures for W-5601 EY. These are provided below in gray: The following "Design Standards in Sensitive Watersheds" [15A NCAC 04B.0124 (b) — (e)] are incorporated into NCDOT projects that occur within or upstream of water bodies that contain federally protected aquatic species. Within the Environmentally Sensitive Areas, the following shall apply: • The contractor may perform clearing operations but not grubbing operations until immediately prior to beginning grading operations. • Once grading operations begin in the Environmental Sensitive Areas, work shall progress in a continuous manner until complete. • Erosion control devices shall be installed immediately following the clearing operation. • Seeding and mulching shall be performed on the areas disturbed by construction immediatelv followina final arade establishment. • Seeding and mulching shall be done in stages on cut and fill slopes that are greater than 20 feet in heiaht measure alona the sloae or areater than two acres in area. whichever is less. The following are additional measures intended to further reduce deleterious construction related effects to the waterway: No heavy equipment will be placed in the stream outside of the impervious dikes installed at the Little Creek and Unnamed Tributary to Little Creek. 3 Updated 3/17/20 The following documents will be used during design and construction: 1) NCDOT Erosion and Sediment Control Design and Construction Manual; 2) NCDOT Best Management Practices for Construction and Maintenance Activities and 3) NCDOT Stormwater Best Management Practices Toolbox. Culvert construction activities will have containment measures in place to prevent components of the structure from dropping into the stream outside of the impervious dike. The method of containment will be proposed by the contractor and approved by the engineer as necessary. Special sediment control fence NCDOT Standard No. 1606.01 or a combination of special sediment control fence and standard silt fence will be installed between the top of the stream bank and adjacent grading activities. Once the disturbed areas of the project draining to these areas have been stabilized, the special sediment control fence and/or standard silt fence and all built up sediment adjacent to these devices will be removed to natural ground and stabilized with a native grass mix. All sedimentation and erosion control measures, throughout the project limits, will be maintained to ensure proper function of the measures following NCDOT protocols. Embankment construction and grading shall be managed in such a manner as to prevent surface runoff/drainage from discharging untreated into the riparian buffer. All interim surfaces will be graded to drain to temporary erosion control devices. Temporary berms, ditches, etc. will be incorporated, as necessary, to treat temporary runoff before discharging into the riparian buffer (as specified in the NCDOT BMP Manual). All sedimentation and erosion control measures will be appropriately maintained following NCDOT standards to ensure proper function of the measures. This project must adhere to conditions of General Permit NCG01000 to Discharge Stormwater under the National Pollutant Discharge Elimination System for Construction Activities. The project design and construction activities are required to "select, install, implement and maintain best management practices (BMPs) and control measures that minimize pollutants in the discharge to meet the requirements of the permit." Among these conditions, the permit requires: 1) all erosion and sedimentation control measures must be inspected at least once every seven calendar days and 2) within 24 hours after any storm event of greater than 1.0 inch of rain per 24 hour period. It is understood that these requirements and implementation of other appropriate BMPs are monitored through multiple layers of oversight. At a minimum, the following personnel monitor erosion control measures: • Contactor project manager • NCDOT Division Environmental Officer and Environmental Specialists • NCDOT Roadside Environmental Field Operations Staff NCDOT will require utility relocations to utilize directional (horizontal) boring under Little Creek at the culvert crossing. Open cut (trenching) of the Unnamed Tributary to Little Creek at the existing 48 inch pipe structure has been determined to be allowable based on coordination with the USFWS dated July 6, 2021. In the event that visible sediment loss from the project is observed at the bridge site, a review of turbidity levels will be made upstream and downstream 400 meters (0.25 mile) to 4 Updated 3/17/20 determine if sedimentation effects are occurring beyond the Action Area as defined in the Biological Opinion. If visual observation of turbidity levels downstream appears to be elevated beyond upstream observations, the project inspector will contact the Division Environmental Officer. If determined that project -related sediment is occurring beyond 400 meters, the USFWS must be contacted immediately to discuss potential remediation. Natural Environment: A Preliminary Jurisdictional Request for wetlands and streams for the W-5601 EY project was submitted to the USACE on July 17, 2019. A Stream Origin/Buffer Applicability Request for the W-5601 EY project was submitted to the NCDEQ DWR on July 17, 2019. The NCDEQ DWR provided a Riparian Buffer Determination for the two stream channels on the W-5601 EY project on July 22, 2019. The USACE provided a Notification of Jurisdictional Determination for the W-5601 EY project on February 11, 2021 (SAW-2021-00295). The NCDEQ DWR issued Approval of Neuse Riparian Buffer Authorization with Additional Conditions on August 3, 2021. The USACE issued a Nationwide Permit No. 14 for the project on August 27, 2021 (expiration date of March 18, 2022). There are no jurisdictional features (streams, wetlands or regulated riparian buffers) on the W-5601 EX project. Cultural Resources: The Catawba Indian Nation provided scoping comments on September 4, 2019 indicating that the Catawba have no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the project study areas. An updated Historic Architecture and Landscapes No Survey Required Form was completed on April 13, 2021 and an updated No Archaeological Survey Required Form was completed on April 20, 2021 for the W-5601 EX project. An updated Historic Architecture and Landscapes No Survey Required Form was completed on April 26, 2021 and an updated No Archaeological Survey Required Form was completed on June 28, 2021 for the W-5601 EY project. E. Conclusion: The above NEPA/SEPA documentation has been reevaluated (as required by either 23 CFR 771 or by NC General Statute Chapter 113A Article 1). It has been determined that the current proposed action is essentially the same as the original proposed action. Proposed changes, if any, are noted in Section D. It has been determined that anticipated social, economic, and environmental impacts were accurately described in the above referenced document(s) unless noted otherwise herein. Therefore, the original Administration Action remains valid. 5 Updated 3/17/20 F. Coordination NCDOT personnel have discussed the current project parameters with qualified NCDOT representatives and FHWA (where applicable). The NCDOT Project Manager, Stephen R. Davidson, hereby verifies the involvement of the following staff and the incorporation of their technical input: Design Engineer: Thomas Meadows 07/06/2022 Environmental Specialist: Heather Montague 07/06/2022 FHWA (if applicable): Other: G. Consultation Aaaroval for NCDOT Proiect: W-5601 EX and W-5601 EY Prepared By: 08/02/2022 UdIC Prepared For: Reviewed By: 08/03/2022 —DocuSigned by: ut,V'is ftU.l rah Chris Murray, SPWS-Project Engineer for Planning and Environmental Studies NCDOT Division 5 — DocuSigned by: �_o2FnQ='Penrae.v Stephen R. Davidson, P.E.-Division Design Engineer NCDOT Division 5 —DocuSigned by: w LLaWd Date Thomas Meadows -Assistant Design Engineer NCDOT Division 5 ❑X Approved or Certified 08/04/2022 Date In adherence with 23 CFR 771 (NEPA) or NC General Statute Chapter 113A Article 1 (SEPA), NCDOT approves this Consultation. NCDOT staff certifies if FHWA signature was previously required or where changes have resulted in FHWA signature being required. (—�DocuSig^ned by: l�U. V75InaW Ben Upshaw, P.E.-Division Project Development Engineer for Brandon Jones, P.E.-Division Engineer NCDOT Division 5 FHWA Approved: FHWA signature required for Type I(B) CE, Type II(B) CE, Type III CE, FONSI or ROD. Date John F. Sullivan, III, PE, Division Administrator Federal Highway Administration 6 Updated 3/17/20 H. Project Commitments (as of August 2, 2022) Wake County Widen NC 42 for center turn lane from Field Hill Road (SR 5330) to Winterton Drive (SR 5367) WBS No. 50138.1.155 TIP No. W-5601 EX Wake County Widen NC 42 for an eastbound left turn lane at Sauls Road (SR 2727) WBS No. 50138.1.156 II1001MO NJA67.1i711WA Design and Division 5 Construction Conservation measures outlined the Revised Programmatic Biological/Conference Opinion - Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8 (USFWS, September 11, 2019) and Programmatic Conference Opinion -Bridge and Culvert Replacement/Repair/Rehabilitation Effects on Carolina Madtom and Neuse River Waterdog in NCDOT Divisions 2,4,5, and 7 (USFWS, May 7, 2020) must be adhered to during the design and construction of the project of W-5601 EY. These measures are indicated on Pages 4 and 5 of the Consultation. Division 5 Environmental The USACE Nationwide Permit No. 14 issued for W-5601 EY has an expiration date of March 18, 2022. Construction at the site for W-5601 EY is authorized under this permit to extend until March 18, 2023.