20230545 Ver 1_ePCN Application_20230414

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
12/6/2022
SIMS # Assigned
20230545
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Zachary Thomas:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY Saunders and Hinton Streets Sidewalk Project
1a. Who is the Primary Contact?*
Ashley Bentz
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/14/2023
Nearest Body of Water
UT- Beaver Creek
Basin
Cape Fear
Water Classification
WS-IV: NSW
Site Coordinates
Latitude:
Longitude:
35.733130
-78.855237
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Version#*
1
Reviewing Office`
Raleigh Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
0
V
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying forthe permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Adam Stephenson
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Adam Stephenson, Transportation Engineering Manager
2d.Address
Street Address
PO Box 250
Address Line 2
City
State / Province / Region
Apex
NC
Postal / Zip Code
Country
27502
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Ashley Bentz
4b. Business Name:
S&ME, Inc.
4c.Address
Street Address
3201 Spring Forest Road
Address Line 2
City
Raleigh
Postal / Zip Code
27616
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Apex, NC
2. Project Identification
2a. Property Identification Number:
NCDOT ROW
2c. Project Address
Street Address
Saunders and Hinton Streets
Address Line 2
City
Apex
Postal / Zip Code
27502
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT- Beaver Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV; NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020609
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
US
4e. Fax Number:
2b. Property size:
linear project
State / Province / Region
NC
Country
US
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The proposed project is located on the side of the road in a residential neighborhood. The proposed sidewalk will primarily be located within maintained yards within the residential
neighborhood, which is located just west of downtown Town of Apex.
a

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
150
4h. Explain the purpose of the proposed project:*
The proposed project is intended to provide a pedestrian connection from the south to Baucom Elementary School within the No Transport Zone, which is the zone within a radius of the
school where transportation is not provided to students due to the proximity of the school.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will involve the construction of a sidewalk for pedestrian safety, upsizing an existing culvert that is currently undersized, and reinforcing stream banks up and downstream of the
culverts. Outfalls will be added to support flow from proposed curbs required during construction. Standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Walter Cole
Agency/Consultant Company: S&ME, Inc.
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
F
S1
3a. Reason for impact (?)
Culvert Replacement
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name*
S1
3e. Stream Type*
(?)
Perennial
3f. Type of
Jurisdiction*
Corps
3g. S. width
10
Average (feet)
3h. Impact
length*
85
(linear feet)
S2
Stream Stabilization
Permanent
Rip Rap Fill
S1
Perennial
Corps
15
Average (feet)
65
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
150 0
31. Total stream and ditch impacts:
150

3j. Comments:
The stream will be permanently impacted through the replacement of an existing undersized culvert. Permanent impacts due to the need for grading for
the culvert and proposed sidewalk will total 544 square feet or 0.012 acres. These are necessary to accommodate the minimum berm necessary to
support the sidewalk. Additional impacts are due to the necessity of stabilizing inlet and outlets for the existing culverts. The rip rap will be keyed into the
stream bed and will not result in a permanent loss. These impacts will total 808 square feet or 0.019 acres. In total, permanent impacts will total 0.031
acre.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Allowable
P
S1
No
3,698
465
Allowable
T
S1
No
3,332
666
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 3,332.00 666.00
Zone 1
Zone 2
Total Permanent impacts: 3,698.00
465.00
Zone 1
Zone 2
Total combined buffer impacts: 7,030.00
1,131.00
6i. Comments:
Permanent impacts will be the result of the construction of the sidewalk and will total 3,698 sq ft in Zone 1 and 465 sq ft in Zone 2. All other impacts will
be the result of grading during construction and will be allowed to revegetate after construction has been completed.
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:
During design, the north side of Saunders Street was considered for the sidewalk, but could not be used due to topographic constraints. In addition,
impacts were minimized to the extent necessary to support the minimum berm width for the sidewalk. Project engineers tightened the typical section by
placing the sidewalk against the back of the curb in the vicinity to minimize impacts. While the project footprint is less than one acre and therefore does
not require an approved sediment and erosion plan, appropriate sediment and erosion control practices will be utilized to minimize impacts to the
jurisdictional stream.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be
avoided. Additional impacts to the jurisdictional stream will be avoided through the use of appropriate sediment and erosion control devices.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impact amounts are lower than thresholds usually requiring mitigation or are considered allowable under the buffer rules.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
Q
V
C-)

What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
The project does not meet the thresholds to require preparation of an environmental document pursuant to the requirements of the National or State
Environmental Policy Act.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The project intends to provide safe transportation routes for students at the existing school. Additional development is not anticipated to occur as a
result.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No

5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and
Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of protected species have been observed within
the site or within one mile of the site. A self -certification package was submitted to the USFWS on 12/16/2022 concluding that the project would have no
effect on protected species. The USFWS did not respond within the 30 day response window, signifying their agreement with the content of the package.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper
(https://www.habitat.noaa.gov/protection/efh/efhmapper/)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
Consultation with the NC State Historic Preservation Office (SHPO). The NC SHPO responded to our inquiries in a letter dated January 26, 2023 that
they have completed a review of the site and are aware of no historic resources which would be affected by the project. Therefore, the NC SHPO had no
comment on the project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8c. What source(s) did you use to make the floodplain determination?
The project engineer and the FEMA firm map 3720074200J, dated May 2, 2006. The FEMA firmette is attached.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Saunders&Hinton-SW-impacts.pdf
1.51 MB
Flat Signed Agent Authorization.pdf
112.61 KB
FEMA Firmette.pdf
737.06KB
SHPO Consultation Documentation.pdf
2.15MB
Apex Sidewalk Protected Species Report.pdf
2.76MB
Pre -Filing Notice.pdf
148.25KB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Ashley Bentz
Signature
Gfa.F/rJ�rrr
L
Date
4/14/2023