HomeMy WebLinkAbout20090136 Ver 10_ePCN Application_20230825DWR
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:
6/16/2023
BIMS # Assigned
20090136
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Central Office - (919) 707-9000
Information for Initial Review
la. Name of project:
Dunn Creek Greenway — Phase III
1a. Who is the Primary Contact?*
Town of Wake Forest; Brad West, AICP, CZO
1b. Primary Contact Email:
bwest@wakeforestnc.gov
Date Submitted
8/25/2023
Nearest Body of Water
Dunn Creek (Hatters Branch)
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude:
35.975800
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
Longitude:
-78.494032
Version#*
10
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Rob Ridings:rob.ridings@ncdenr.gov
1c. Primary Contact Phone: *
(919)435-9542
O
Is this project a public transportation project?*
Yes No
Is this a NCDOT Project?*
Yes No
1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
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:
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
14 - Linear transportation
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 for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Wake Forest
2b. Deed book and page no.:
n/a (Linear Transportation Easement)
2c. Contact Person:
Brad West, AICP, CZO
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
301 S. Brooks Street
Address Line 2
city
Wake Forest
Postal / Zip Code
27587
2e. Telephone Number:
(919)435-9542
2g. Email Address:
bwest@wakeforestnc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Mackenzie Richards, PWS
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
city
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
(919)678-4154
4f. Email Address:'
Mackenzie.Richards@Kimley-Horn.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wake Forest
2. Project Identification
2a. Property Identification Number:
See attached Property Parcel Figure and
Table
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Dunn Creek (Hatters Branch)
3b. Water Resources Classification of nearest receiving water:
C:NSW
3c. What river basin(s) is your project located in?*
Neuse
State / Province / Region
North Carolina
Country
United States
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
2b. Property size:
38.5
State / Province / Region
Country
O
3d. Please provide the 12-digit HUC in which the project is located.
030202010702
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:
A majority of the proposed project will occur in new locations that range from wooded natural areas to cleared and maintained utility easements. The project corridor is bounded to the
north by Ailey Young Park, to the east and west by single-family residential housing, and to the south by the NC-98 Bypass. The project corridor is bisected by Wait Avenue. The project
vicinity is composed primarily of moderate -density residential housing.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2017-02221; DWR# 20090136 ver 8
4f. List the total estimated acreage of all existing wetlands on the property:
0.67 acres
4g. List the total estimated linear feet of all existing streams on the property:
8,709 linear feet
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct Phase III of the Town of Wake Forest's Dunn Creek Greenway, part of the Town's Open Space and Greenway Plan.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
As previously permitted, the proposed project consists of the installation of approximately 1.7 miles of greenway beginning at the northern terminus of Phase 2 of the Dunn Creek
Greenway, which is currently under construction, and continuing north to Juniper Avenue. In addition, the proposed project would also construct spur trails to Ailey Young Park, Wildflower
Ridge Road, Seventh Street, and along Wait Avenue to Traditions Grande Boulevard. Since the previous permit, the proposed project plans have been updated to include slight
adjustments to the grading limits associated with the greenway alignment and minor tweaks to the limits of disturbance. The project will be constructed using excavators, skid -steers,
pavers, and other construction equipment typically used for greenway projects.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
The project was previously delineated by Kimley-Horn in October 2016. Since a small portion of the
Dunn Creek Greenway — Phase III project overlaps with the previously constructed Ailey Young Park
Dam and Stream Restoration project, as mentioned above, Kimley-Horn re -delineated the project on
July 6, 2023. Stream S9 was observed to be restored and re-channelized, stream S10 is no longer
present, OW1 was observed to be converted to wetland W2, and two new wetlands (W3 and W4)
were identified along S9 in the restored reach (see attached Figure 3).
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2017-02221
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jason Hartshorn, PWS
Agency/Consultant Company: Kimley-Horn
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination for the project (SAW-2017-02221) was issued by Mr. James Lastinger of the USACE on February 21, 2018. Ms. Stephanie Goss of the NCDWR
issued a Buffer Determination Letter for the project on May 18, 2017 (NBRRO#17-098).
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
This project is being constructed and permitted as Phase 3 of the Dunn Creek Greenway. Prior phases 1 and 2 have been permitted and constructed. Phase 4 has been permitted, but not
constructed (SAW-2022-00621).
A small portion of the Dunn Creek Greenway — Phase III project overlaps with the previously constructed Ailey Young Park Dam and Stream Restoration project (SAW-2018-01206; DWR#
18-0815), and Buffer Impact Sites 15 and 17 and Stream Impact Site 8 were partially constructed. The Ailey Young Park Dam and Stream Restoration project restored stream S9 with
natural channel design techniques, breached the failing dam, and restored a pond (OW1) to floodplain wetland (wetland W2) to improve the water quality along the reach of the Dunn
Creek watershed and the experience of the users for the proposed Dunn Creek greenway. As a result, stream S10 is no longer present and two new wetlands (W3 and W4) were identified
along S9 in the restored reach. Therefore, the previously permitted Stream Impact Site 7 no longer exists. As part of the Ailey Young project, a haul road was constructed for the stream
restoration project and four culverts were permanently installed under the haul road in accordance with the Dunn Creek Greenway — Phase III culvert designs in these locations. These
culverts will be retained as part of the greenway project, where two of the culverts result in no impacts to any jurisdictional features and two of the culverts are located at the previously
authorized impact sites listed above with riparian buffer impacts only.
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?
N/A
D. Proposed Impacts Inventory
1. Impacts Summary
1 a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
Stream Impact Site 1: Rip
Permanent
Bank Stabilization
Stream S7 — UT to Dunn
Intermittent
Both
66
Rap Stabilization
Creek
Averege (feet)
(linear feet)
S2
Stream Impact Site 1: Culvert
Permanent
Culvert
Stream S7 — UT to Dunn
Intermittent
Both
Extension
Creek
Average (feet)
(linear feet)
S3
Stream Impact Site 1:
Temporary
Other
Stream S7 — UT to Dunn
Intermittent
Both
60
Construction Access
Creek
Average (feet)
(linear feet)
S4
Stream Impact Site 2: Rip
Permanent
Bank Stabilization
Dunn Creek
Perennial
Both
15
89
Rap Stabilization
Averege (feet)
(linear feet)
S5
Stream Impact Site 3: Rip
Permanent
Bank Stabilization
Stream S9 — UT to Dunn
Perennial
Both
10
59
Rap Stabilization
Creek
Averege (feet)
(linear feet)
S6
Stream Impact Site 3: Culvert
Permanent
Culvert
Stream S9 — UT to Dunn
Perennial
Both
10
11
Extension
Creek
Average (feet)
(linear feet)
S7
Stream Impact Site 3:
Temporary
Other
Stream S9 — UT to Dunn
Perennial
Both
10
Construction Access
Creek
Averege (feet)
(linear feet)
gg
Stream Impact Site 4: Rip
Permanent
Bank Stabilization
Stream S11 — UT to Dunn
Perennial
Both
5
40
Rap Stabilization
Creek
Average (tees)
(linear feet)
S9
Stream Impact Site 4: Culvert
Permanent
Culvert
Stream S11 — UT to Dunn
Perennial
Both
30
Creek
Averege (feet)
(linear feet)
St0
Stream Impact Site 4:
Temporary
Other
Stream S11 — UT to Dunn
Perennial
Both
10
Construction Access
Creek
Averege (feet)
(linear feet)
S11
Stream Impact Site 5: Rip
Permanent
Bank Stabilization
Stream S9 — UT to Dunn
Perennial
Both
10
56
Rap Stabilization
Creek
Average (feet)
(linear feet)
S12
Stream Impact Site 5: Culvert
Permanent
Culvert
eamS9 — UT to Dunn
Fsc
Perennial
Bothek
Averege (feet)
(linear feet)
�3�Stream
Impact Site 5:
Temporary
Other
Stream S9 — UT to Dunn
Perennial
Both
10
6
Construction Access
Creek
Average (feet)
(linear feet)
S14
Stream Impact Site 6: Rip
Permanent
Bank Stabilization
Stream S9 — UT to Dunn
Perennial
Both
10
46
Rap Stabilization
Creek
Average (feet)
(linear feet)
S15
Stream Impact Site 6: Culvert
Permanent
Culvert
Stream S9 — UT to Dunn
Perennial
Both
10
32
Creek
Averege (feet)
(linear feet)
�6�Stream
Impact Site 6:
Temporary
Other
mS9 — UTto Dunn
F
Perennial
BothCOnStrUCtlOn
ACCESS
k
Average (feet)
(linear feet)
S17
Stream Impact Site 8:
Temporary
Other
S8 — UT to Dunn
FCreek
Intermittent
BothConstruction
Access
Averege (feet)
(linear feet)
S18
Stream Impact Site 9: Culvert
Permanent
Culvert
Stream S4 — UT to Dunn
Perennial
Both
3
51
Creek
Average (feet)
(linear feet)
g1g
Stream Impact Site 9:
Temporary
Other
S4 — UT to Dunn
FCreek
Perennial
BothConstruction
Access
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
513
3i. Total stream and ditch impacts:
635
3i. Total temporary stream impacts:
122
3j. Comments:
Stream impact amounts have been input into the ePCN as a whole number. However, total stream impacts for compensatory mitigation were calculated
using exact stream impact amounts as reflected in the separate Stream Impacts Table and Permit Impact Drawings attached as part of this permit
application.
Temporary stream impacts to Dunn Creek and its tributaries will result from the temporary construction access required to construct the greenway trail
and install culverts and rip rap near permanent impact sites. All temporary impacts will be returned to preconstruction contours and conditions upon
completion of the project. Permanent impacts to stream S4 at Stream Impact Site 9, S9 at Stream Impacts Sites 5 and 6, and S11 at Stream Impact Site
4 will result from the installation of new culverts under the greenway. Permanent impacts to stream S7 at Stream Impact Site 1 and S9 at Stream Impact
Site 3 will result from the extension of existing culverts. Compensatory mitigation has been proposed for the 155 linear feet of the permanent stream
impacts resulting from new culverts or culvert extensions. Permanent impacts to Dunn Creek at Stream Impact Site 2, S7 at Stream Impact Site 1, S9 at
Stream Impact Sites 3, 5, and 6, and S11 at Stream Impact Site 4 will result from installation of rip rap stabilization for outlet protection. The rip rap will
be keyed into the bank to ensure no loss of waters results from the rip rap stabilization. As a result of the Ailey Young Park Dam and Stream Restoration
project, stream S10 is no longer present, and the previously permitted Stream Impact Site 7 no longer exists.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
p Neuse Tar -Pamlico
O Catawba Randleman
O Goose Creek Jordan Lake
O Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Buffer Impact Site 1: Greenway
P
Dunn Creek
No
470
720
Buffer Impact Site 1: Construction Access
T
Dunn Creek
No
751
568
Buffer Impact Site 2: Greenway
P
Dunn Creek
No
601
1,614
Buffer Impact Site 2: Construction Access
T
Dunn Creek
No
757
537
Buffer Impact Site 3: Greenway
P
Stream S1
No
848
657
Buffer Impact Site 3: Construction Access
T
Stream S1
No
1,259
728
Buffer Impact Site 4: Greenway
P
Steam S1
No
821
621
Buffer Impact Site 4: Construction Access
T
Steam S1
No
1,298
755
Buffer Impact Site 5: Greenway
P
Dunn Creek
No
0
477
Buffer Impact Site 5: Construction Access
T
Dunn Creek
No
0
403
Buffer Impact Site 6: Greenway
P
Dunn Creek
No
0
237
Buffer Impact Site 6: Construction Access
T
Dunn Creek
No
0
557
Buffer Impact Site 7: Greenway
P
Dunn Creek/Stream S4
No
4,043
7,398
Buffer Impact Site 7: Construction Access
T
Dunn Creek/Stream S4
No
2,161
4,209
Buffer Impact Site 8: Greenway
P
Dunn Greek/Stream S4
No
2,051
3,468
Buffer Impact Site 8: Construction Access
T
Dunn Creek/Stream S4
No
1,167
873
Buffer Impact Site 9: Greenway
P
Dunn Creek
No
669
512
Buffer Impact Site 9: Construction Access
T
Dunn Creek
No
390
204
Buffer Impact Site 10: Greenway
P
Dunn Creek/Stream S9
No
13,675
13,167
Buffer Impact Site 10: Construction Access
T
Dunn Creek/Stream S9
No
6,356
6,802
Buffer Impact Site 11: Greenway
P
Stream S9
No
1,037
624
Buffer Impact Site 11: Construction Access
T
Stream S9
No
401
321
Buffer Impact Site 12: Greenway
P
Stream S9/Stream S11
No
4,415
716
Buffer Impact Site 12: Construction Access
T
Stream S9/Stream S11
No
779
425
Buffer Impact Site 13: Greenway
P
Stream S9
No
61
0
Buffer Impact Site 13: Construction Access
T
Stream S9
No
90
0
Buffer Impact Site 14: Greenway
P
Stream S9/Stream S11
No
2,552
467
Buffer Impact Site 14: Construction Access
T
Stream S9/Stream S11
No
663
131
Buffer Impact Site 15: Greenway
P
Stream S9
No
10,479
9,547
Buffer Impact Site 15: Construction Access
T
Stream S9
No
3,466
4,174
Buffer Impact Site 16: Greenway
P
Stream S9
No
1,593
1,136
Buffer Impact Site 16: Construction Access
T
Stream S9
No
567
553
Buffer Impact Site 17: Greenway
P
Stream S9
No
1,149
1,541
Buffer Impact Site 17: Construction Access
T
Stream S9
No
883
846
Buffer Impact Site 18: Greenway
P
Dunn Creek/Stream S7
No
5,351
5,085
Buffer Impact Site 18: Construction Access
T
Dunn Greek/Stream S7
No
2,968
2,520
Buffer Impact Site 19: Greenway
P
Stream S7
No
3,377
1,555
Buffer Impact Site 19: Construction Access
T
Stream S7
No
2,074
1,167
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 26,030.00 25,773.00
Zone 1 Zone 2
Total Permanent impacts: 53,192.00 49,542.00
Zone 1 Zone 2
Total combined buffer impacts: 79,222.00 75,315.00
6i. Comments:
Buffer impact amounts have been input into the ePCN as a whole number. However, buffer impacts were calculated using exact buffer impact amounts
as reflected in the separate Buffer Impacts Table and Permit Impact Drawings attached as part of this permit application.
The proposed project will construct a greenway path along an existing sewer easement adjacent to Dunn Creek and Stream S9 (UT to Dunn Creek).
Unavoidable permanent Neuse River Basin Buffer Zone 1 and Buffer Zone 2 (BZ2) impacts will result in locations where these streams and their
tributaries are crossed, or where other constraints prevented construction outside of the riparian buffers. Temporary buffer impact areas will be re-
seeded or re -planted to return temporary disturbance areas to pre -construction conditions upon completion of the project.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to streams, wetlands, and regulated buffer zones were avoided and minimized where possible throughout project by careful and intentional
design. Wetlands found to occur within the corridor were completely avoided. Stream crossings were aligned to be near perpendicular crossings to
minimize impact footprints to streams and riparian buffers. Bridges will be installed at the larger stream crossings over Dunn Creek and S9 to avoid
impacts to the main channels. In addition, the final alignment was intentionally located within existing, maintained sewer easement to the extent practical
in order to avoid unnecessary additional clearing of riparian buffers and additional impacts to surrounding streams already crossed by the utility
easement.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams, wetlands, and buffers within the corridor will be minimized to the extent practical throughout the construction process by avoiding
these features wherever possible. Where feasible, staging and construction access routes will be located in upland areas. Temporary stream crossings
will be protected with mud mats, wood bridgemats, or temporary pipes and riprap, and will be restored to pre -construction conditions upon completion of
the project. Temporary impacts to riparian buffers will be re -planted and/or reseeded to restore vegetation after construction has ended. Additionally, tree
protection fencing, silt fencing, and other standard Best Management Practices (BMPs) and measures will be used throughout the construction process
to minimize impacts to downstream receiving waters and minimize runoff from the construction sites.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
D W R Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Neu -Con Stream & Wetland Mitigation Bank (EBX Neuse I, LLC) & Milburnie Dam Bank (Restoration
Systems, LLC)
3b. Credits Purchased/Requested (attach receipt and letter)
L
Type: Quantity:
Stream
310 stream credits
3c. Comments
Stream impact amounts have been input into the ePCN as a whole number. However, total stream impacts for compensatory mitigation were calculated
using exact stream impact amounts as reflected in the separate Stream Impacts Table and Permit Impact Drawings attached as part of this permit
application. The project proposes to provide compensatory mitigation credits at a 2:1 ratio for the 155 linear feet of permanent stream impacts resulting
from new culvert installations or culvert extensions. To offset these losses, 310 stream credits have been reserved through the EBX-Neuse I, LLC
sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, provided from the Bucher Site, and through the Restoration Systems, LLC sponsored
Milburnie Dam Mitigation Bank. The Statement of Availability from the mitigation banker has been included as part of this application package.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
N/A
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:
N/A
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 proposed project will not result in additional development. The greenway and sidewalk facilities proposed will serve existing communities and
connect existing public locations.
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)
O
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No
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
Unknown
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?
As of August 25, 2023, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists six federally protected
species with potential to occur within the project vicinity. The USFWS IPaC database tool also identifies tricolored bat as a species proposed for listing
as endangered with potential to occur in within the project vicinity. A review of the NC Natural Heritage Program (NCNHP) element occurrence database
(updated July 2023) indicates that there are no known occurrences of any federally protected species in or within 1.0 mile of the project study area.
The Tricolored bat is currently proposed for listing and is not currently protected under the Endangered Species Act (ESA). A review of the NCNHP
database records (updated July 2023) indicates that there are no known occurrences of the tricolored bat in or within 1.0 mile of the project study area. If
listed prior to construction of the project, the Town of Wake Forest will coordinate with the USFWS as appropriate.
The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging
and nesting habitat. The RCW excavates cavities for nesting in living pines trees, aged 60 years or older, which contiguous with pine stands at least 30
years of age for foraging habitat. The foraging range for RCW is normally less than 0.5 miles. Suitable habitat for the red -cockaded woodpecker (RCW)
is not present within the project study area. Forested areas within the study area are mostly comprised of hardwoods and immature pines. A review of
the NCNHP database records (updated July 2023) indicates that there are no known RCW occurrences in or within 1.0 mile of the project study area.
Additionally, the project study area is located outside of the RCW Section 7 Consultation Areas identified within the RCW SLOPES Manual. Due to the
lack of suitable habitat, the lack of known occurrences, and the project's location outside of the RCW Section 7 Consultation Areas it has been
determined that the proposed project will have "No Effect" on RCW.
Suitable habitat for the Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and dwarf wedgemussel is present within Dunn Creek and stream S9 in
the project study area. A review of the NCNHP database records (updated July 2023) indicates there are no known occurrences of any of the federally
listed aquatic species listed above in or within 1.0 mile of the project study area. According to the NCNHP records, the nearest known population of
Neuse River waterdog is located approximately 5 river miles downstream from the project study area in the Neuse River. The nearest known population
of Carolina madtom is located approximately 11.4 river miles downstream from the project study area in the Neuse River. The nearest known population
of Atlantic pigtoe is located approximately 18.5 river miles downstream from the project study area in Walnut Creek. The nearest known population of
dwarf wedgemussel is located approximately 16 river miles downstream from the project study area in the Neuse River. Based on the current design,
impacts to Dunn Creek and S9 are proposed as part of the greenway project. Due to the lack of known occurrences and the distance from the project
study area to the nearest known populations, no direct impacts to the aquatic species listed above are anticipated. However, due to the presence of
suitable habitat in the project study area, the biological conclusion for Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and dwarf wedgemussel
for the proposed project is "May Affect, Not Likely to Adversely Affect".
Suitable habitat for Michaux's sumac exists along maintained yard edges, roadside corridors, and maintained easements within the project study area.
Kimley-Horn biologists conducted pedestrian surveys for Michaux's sumac within areas of suitable habitat on July 6, 2023 and no individuals were
observed. In addition, a review of the NCNHP database records (updated July 2023) indicates there are no known occurrences of Michaux's sumac in or
within 1.0 mile of the project study area. Due to the lack of known occurrences and the lack of observed individuals, it has been determined that the
proposed project will have "No Effect" on Michaux's sumac.
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. A desktop-GIS assessment of the project study area, as well as the area within a 1.3-mile radius
(1.0 mile plus 660 feet) of the project limits, was performed in July 2023 using 2021 color aerials. Several water bodies (Wake Forest Reservoir Park and
multiple unnamed ponds) large enough or sufficiently open to be considered potential feed sources were identified. Since foraging habitat is present,
Kimley-Horn biologists conducted pedestrian surveys of the project study area and the area within 660 feet of the project study area limits on July 6,
2023. No bald eagle nests or individuals were observed. In addition, a review of the NCNHP database records (updated July 2023) indicates that there
are no known occurrences of the bald eagle in or within 1.0 mile of the project study area. Due to the lack of known occurrences, the lack of observed
individuals and nests, and the minimal impact anticipated for this project, it has been determined that the proposed project would have "No Effect" on the
bald eagle.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The NOAA Essential Fish Habitat Mapper was reviewed on August 25, 2023. No essential fish habitat was identified within the project area or within the
vicinity of the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database was reviewed on August 25, 2023 and no National Register,
Study List, or Determined Eligible sites or districts were identified within the project study area. However, multiple National Register, Study List, or
Determined Eligible sites were identified within a 1-mile radius of the project study area:
- "Royall Cotton Mill Commissary" (WA1648) - National Register - located approximately 0.50 miles north of the project study area. The Royall Cotton
Mill Commissary is separated from the Site by residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed
greenway within the project study area.
- "Lea Laboratory" (WA0027) - National Register - located approximately 0.69 miles west of the project study area. Lea Laboratory is separated from the
Site by residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed greenway within the project study area.
-"Battle-Purnell House" (WA1664) - Study Listed for consideration as a Determined Eligible - located approximately 0.98 miles north of the project study
area. Battle -Purnell House is separated from the Site by multiple roads and residential neighborhoods, and due to this separation, is not likely to be
impacted by the proposed greenway within the project study area.
- "W.E.B. DuBois School' (WA1657) - National Register - located approximately 0.20 miles north of the project study area. W.E.B. DuBois School is
separated from the Site by North Allen Road and residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed
greenway within the project study area.
- "Dr. Calvin Jones House" (WA1529) - National Register - located approximately 0.51 miles west of the project study area. Dr. Calvin Jones House is
separated from the Site by North White Street and residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed
greenway within the project study area.
- "Glen Royall Mill Village Historic District' (WA1633) - National Register Historic District - located approximately 0.50 miles north of the project study
area. Glen Royall Mill Village Historic District is separated from the Site by North White Street and residential neighborhoods, and due to this separation,
is not likely to be impacted by the proposed greenway within the project study area.
- "Ailey Young House" (WA4979) - Study List - located approximately 0.50 miles west of the project study area. Ailey Young House is separated from the
Site by multiple streets and residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed greenway within the
project study area.
- "South Brick House (Folk House)" (WA1503) - National Register - located approximately 0.71 miles west of the project study area. South Brick House
(Folk House) is separated from the Site by residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed greenway
within the project study area.
- "Wake Forest Historic District" (WA1665) - National Register - located approximately 0.79 miles west of the project study area. Wake Forest Historic
District is separated from the Site by North White Street and residential neighborhoods, and due to this separation, is not likely to be impacted by the
proposed greenway within the project study area.
-"Raleigh and Gaston Rail Corridor" (NC0008) — Determined Eligible — located approximately 0.35 miles northeast of the project study area. Raleigh and
Gaston Rail Corridor by multiple streets and residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed
greenway within the project study area.
- "Downtown Wake Forest Historic District' (WA4293) National Register Historic District - located approximately 0.61 miles west of the project study
area. Downtown Wake Forest Historic District is separated from the Site by Wait Avenue and residential neighborhoods, and due to this separation, is
not likely to be impacted by the proposed greenway within the project study area.
- "Friendship Chapel Baptist Church and Cemetery" (WA8798) - Study List Historic District - located approximately 0.97 miles southwest of the project
study area. Friendship Chapel Baptist Church and Cemetery is separated from the Site by Dr. Calvin Jones Highway and residential neighborhoods, and
due to this separation, is not likely to be impacted by the proposed greenway within the project study area.
- "Olive Branch Baptist Church" (WA8717) - Study List - located approximately 0.33 miles west of the project study area. Olive Branch Baptist Church is
separated from the Site by residential neighborhoods, and due to this separation, is not likely to be impacted by the proposed greenway within the
project study area.
Multiple surveyed only sites were also located within 1 mile of the project study area. The proposed project will not result in additional development. The
greenway and sidewalk facilities proposed will serve existing communities and connect existing public locations. In addition, all of these cultural
resources are separated from the project area by roadways and residential neighborhoods. Due to the lack of known historic and cultural resources
within the project study area, as indicated by the NCSHPO HPOWEB, the distance and separation from all of these historic sites, and the low impacts
associated with greenways projects, it is anticipated that the proposed project will have no effect on any of the historical or cultural resources identified
within the project vicinity.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
Hydraulics studies demonstrate that the proposed project will result in increases to base flood levels along Dunn Creek. Based on these results, a
Conditional Letter of Map Revision (CLOMR) for the documentation of the calculated impacts and proposed flood map revisions was prepared and later
approved.
8c. What source(s) did you use to make the floodplain determination?"
The FEMA Digital Flood Insurance Rate Map (DFIRM) Panels 3720184100K (effective July 19, 2022), 3720185100L (effective July 19, 2022),
3720184000K (effective July 19, 2022), and 3720185000K (effective July 19, 2022) indicate there are FEMA-regulated floodways and 1 % annual chance
flood hazard areas (100-year floodplains) associated with Dunn Creek within the project study area.
Miscellaneous O
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
00_DunnPh3_PCN Cover Letter.pdf
541.56KB
01 b_DunnCreekP3_StreamlmpactTable.pdf
70.28KB
01 c_DunnCreekP3_BufferlmpactTable. pdf
97.06KB
02b_Dunn Creek Agent Auth Signed.pdf
53.09KB
03b_DunnCreek_Figures.pdf
4.36MB
04b_SOA Stream - Milburnie Dam - Dunn Creek Greenway - Phase Ill.pdf
154.62KB
04c_Neu-Con Stream SOA - Bucher - Dunn Creek Greenway - Phase Ill.pdf
157.95KB
05b_Dunn Creek Phase III 404 Approval 20180226.pdf
1.85MB
05c_Dunn Creek Greenway Phase III 401 Approval 20180126.pdf
777.89KB
05d_SAW-2017-02221 permitverification.pdf
2.53MB
05e_Section401_20090136ver8.docx.pdf
1.17MB
07b_DunnCreekPh3_wet_PermitDrawings.pdf
9.59MB
07c_DunnCreekPh3_buf_PermitDrawings.pdf
9.8MB
08_Dunn Creek Greenway PH3 Plan Set (2023-07-21).pdf
51.25MB
File must be PDF or KMZ
Comments
Please see attachments to aid in the review of this permit application package.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Mackenzie Richards, PWS
Signature
Date
8/25/2023
a