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HomeMy WebLinkAbout20171507 Ver 4_PCN_FillableForm_v4-3_02142023_protected_HASSE AVE EXT MODIFICATION_UPDATED PCN_signed_20240216SrArE n u � o r •��quMVMwr NORTH CAROLINA Environmental Quality Water Resources UPDATED PCN 02/16/2024 Deborah Shirley-S&EC Office Use Only Corps Action ID no. USACE: 404 verification issued by James Lastinger on December 15, 2017 (SAW-2017-02473); 404 verification issued by Lyle Phillips on 7/26/2022 (SAW-2020-01905; NCDWR: Individual 401 WQ Certification & Jordan Lake Watershed Buffer Authorization (DWR 20171507v3) Date received: Click to enter DWR project no. lick enter.] Date received: Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.729195 Longitude (DD.DDDDDD): 78.916459 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile(a)ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 8/24/2023 Page 1 of 23 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Wake Additional (if needed). Is this an ARPA project? * ❑ Yes ❑x No If yes, ARPA project number: * The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core y.basinger(cDncdenr.gov for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to ente If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * ® Yes ❑ No NWP number(s) (list all numbers ): 14 RGP number(s) (list all numbers ): Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act 1 d. Type(s) of approval sought from DWR (check all that apply): * ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑x Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 23 PCN Form Version 4.3- April 20, 2022 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1 f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑ No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 23 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1a. Who is the primary contact? * Deborah Shirley 1 b. Primary Contact Email: * dshirley@sandec.com 1 c. Primary Contact Phone: * (###)###-#### (919) 846-5900 1 d. Who is applying for the permit/certification? * (check all that apply) ❑ Owner ❑x Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Judy G. Hackney & Edwin Goodwin 2b. Deed Book and Page No.: DB13-E, DP:3764; DB:033195, DP: 00151; & DP:003195, DP:00149 2c. Contact Person (for corporations): N/A 2d. Address * Street Address: 2505 Olive Chapel Rd Address line 2: Click to enter. City: Apex State/ Province/ Region: NC Postal/ Zip Code: 27502 Country: USA 2e. Telephone Number: * (###)###-#### (919)362-7372 2f. Fax Number: (###)###-#### N/A 2g. Email Address: * russel.dalton@apexnc.org 3. Applicant Information (if different from owner) 3a. Name: * Town of Apex -Russell Dalton 3b. Business Name (if applicable): N/A 3c. Address: * Street Address: P.O. Box 250 Address line 2: Click to enter. City: Apex State/ Province/ Region: NC Postal/ Zip Code: 27502 Country USA 3d. Telephone Number: * (###)###-#### (919)249-3358 3e Fax Number: (###)###-#1### N/A Page 4 of 23 PCN Form Version 4.3- April 20, 2022 3f. Email Address: * russell.dalton@apexnc.org 4. Agent/ Consultant (if applicable) 4a. Name: * Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c. Address: * Street Address: 8412 Falls of Neuse Road Address line 2: Suite 104 City: Raleigh State/ Province/ Region: NC Postal/ Zip Code: 27615 Country: USA 4d. Telephone Number: * (###)###-#### (919)846-5900 4e Fax Number: (###)###-#### (919)846-9467 4f. Email Address: * dshirley@sandec.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 23 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Hasse Avenue Extension MODIFICATION 1 b. Subdivision name (if appropriate): 1c. Nearest municipality/town: * Apex 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 0721491564, 0721492956, 0722411102 & 0722406699 2b. Property size (in acres): +/- 5 acres 2c. Project Address: Street Address: 2500 Olive Chapel Road Address line 2: City: Apex State/ Province/ Region: NC Postal/ Zip Code: 27502 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.729195 Longitude (-DD.DDDDDD): *-78.916459 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Reedy Branch 3b. Water Resources Classification of nearest receiving WS-IV;NSW water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Cape Fear'}ional 3c. In what river basin(s) is your project located? * (if needed) 3d. Please provide the 12-digit HUC in which the project is 030300020609 located: * The Find Your HUC map may be found at this link: htti)s://ncdenr.mai)s.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 23 PCN Form Version 4.3- April 20, 2022 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 of the property that this road extension runs through consists primarily of forested land and field areas as well as some rural single-family homes. Specifically, there are eight (8) wetland features (W1-W8), two (2) ponds (Pond 1 & 2), two (2) intermittent streams (SB & SC), and one (1) perennial stream (SA) located on property. General land use in the vicinity of the project consists of forested land with residential neighborhoods. Olive Chapel Road bounds the property to the south. 4b. Have Corps permits or DWR certifications been obtained for this ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? USACE: 404 verification issued by James Lastinger on December 15, 2017 (SAW-2017-02473); 404 verification issued by Lyle Phillips on If yes, please give the DWR Certification number and/or Corps 7/26/2022 (SAW-2020-01905; Action ID (ex. SAW-0000-00000): NCDWR: Individual 401 WQ Certification & Jordan Lake Watershed Buffer Authorization (DWR 20171507v3) jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. N/A 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the Approximately 0.29 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent Approximately 300 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the project is to extend the existing Hasse Ave Road from the Sweetwater subdivision south to Olive Chapel Road. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of the construction of roadway extension of Hasse Ave to Olive Chapel Road. Specifically, there are two (2) road crossings that impact wetlands, streams, and buffers. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utlizied for this project. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. Page 7 of 23 PCN Form Version 4.3- April 20, 2022 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 8 of 23 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: 5b. If the Corps made a jurisdictional determination, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2020-01905 Name (if known): Steven Ball 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Soil & Environmental areas? Consultants, PA Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE: Site visit and jurisdictional determination issued by Samantha Dailey on December 14, 2020. Town of Apex: Site visit and determination issued on November 9, 2020 by Jessica Bolin (Apex 20-004) 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Reginal General Permits, or IP are anticipated. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Please reference Wake County GIS. 8. Scheduling of activity: Construction timeline will be after permits are issued by agencies, including the local municipality and before permits expire. The exact date is unknown at this time. Page 9 of 23 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory Impacts Summary la. Where are the impacts associated with your project (check all that apply): ❑x Wetlands ❑x Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Road/ Driveway Crossing Permanent Headwater Forest Impact Area 2 — W8 (W1) Yes Both 0.255 W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one "emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts 0.255 ac 2g3. Total wetland impacts 0.255 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to E ter text. 2i. Comments: Click to enter text. Page 10 of 23 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site #* Impact Reason* Impact Impact Stream Name* Stream Jurisdiction Stream Impact Duration* Type* Type* Type* Width (avg length ft) * (linear ft) S1 Impact Area 1 — Permanent Crossing/ Stream B1 Intermittent Both 5 105 Road Crossing — Culvert Culvert S2 Impact Areal — Permanent Other Stream B1 Intermittent Both 5 47 Road Crossing — Rip Rap (Permanent — No Permanent Loss) S3 Impact Areal — Temporary Other Stream B1 Intermittent Both 5 11 Road Crossing — Temporary Construction Access/Dewatering Measures S4 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S5 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S6 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S7 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S8 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S9 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S10 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S11 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S12 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S13 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S14 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S15 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S16 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one Page 11 of 23 PCN Form Version 4.3- April 20, 2022 S17 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S18 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S19 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S20 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one 3i1. Total jurisdictional ditch Click to enter. linear ft impact: 3i2. Total permanent stream 152 linear ft impacts: M. Total temporary stream 11 linear ft impacts: 3i4. Total stream and ditch 163 linear ft impacts: 3j. Comments: Total permanent stream impacts =105 LF (0.012 acres), total permanent -no permanent impacts = 47LF (0.004 acres), total temporary stream = 11 LF (0.001 acres) Page 12 of 23 PCN Form Version 4.3- April 20, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to lick to Click to Click tc, Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 13 of 23 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑x Jordan ❑ Goose Creek ❑ Randleman ❑ Other: ;lick to enter Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Crossing/ Culvert/ Bridge Permanent Impact Area 1 - Stream B1 No 8,936 14,734 B2 Choose one Temp/ Perm Click to enter. Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: 18,936 sq ft Zone 2: 4,734 sq ft 6h. Total combined buffer impacts: Zone 1: 18,936 sq ft Zone 2: 4,734 sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 23 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: S&EC completed a wetland delineation and stream buffer evaluation for the entire property so that natural resources could be identified, and impacts minimized to the maximum extent practicable. Note that this modification request only includes changes to Impact Area 1, there are no changes to Impact Area 2. Impact Area 1 is proposed road crossing. Proposed impacts include permanent loss (i.e. culvert & headwalls), permanent -no permanent loss (i.e. riprap dissipator pads) and temporary (i.e. construction access) stream impacts, and associated riparian buffer impacts. This road crossing is necessary to provide a connection to Olive Chapel Road. Stream and buffer impacts have been minimized by utilizing headwalls and retaining walls. Stream mitigation is proposed at a 2:1 ratio to compensate for these additional permanent loss impacts. To support the proposed changes to Impact Area 1, please see below per the project engineer and the Town of Apex: The Town of Apex updated their standards and specifications for retaining walls when they hired their new Director of Transportation & Infrastructure. Section 219 of their standards now indicate that they will now follow NCDOT standards for retaining wall structures. NCDOT and thus Apex will not permit walls over 10' tall using MSE wall systems. Due to the ability to provide long term maintenance, the new director of their Transportation and Infrastructure department will not permit walls that use MSE design over 10'. Their preferred method is to use a standard NCDOT style headwall around any culvert and be able to tie slopes and grades to that style of headwall. The town has provided the following guidance: • All retaining wall calculations should consider the standard AASHTO 250 psf traffic load surcharge when retaining a public roadway. • 4' is the max height that a standard segmental gravity wall can be, and does not require engineering seal. • The max height for a cast in place gravity wall is 12'. • Anything above 12' would have to be an MSE wall design — which as stated above will not be approved by the director. • Anything above 4' requires a structural engineer to sign and seal the plans. • Proposed MSE Wall Systems w/ SRW (Segmental Retaining Wall) Units and SRW Units for Standard Segmental Gravity Walls must be listed as approved on NCDOT's Geotechnical Qualified Products list, found at the following link. *https://connect.ncdot.gov/resources/Geological/Pages/Products.aspx *This is allowable for design of walls up to 10 feet in height. Cast in place gravity walls are also still allowable as previously noted. *Additionally NCDOT does allow larger block precast gravity walls. Please see attached email from NCDOT geotechnical unit. Town of Apex has approved these systems in the past and we are ok with them for future projects. • Apex will require maintenance area behind the wall graded at 6H:1 V. • Apex will require a safety rail at the top of the wall where it's adjacent to the sidewalk • Apex will require a 2:1 theoretical slope from the top of the right of way elevation down to the invert of the culvert. Impact Area 2 is proposed road crossing. Proposed impacts include permanent wetland impacts. This road crossing is necessary to provide a connection to Olive Chapel Road. Wetland mitigation has already been paid for this crossing. Page 15 of 23 PCN Form Version 4.3- April 20, 2022 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Dewatering, pump -around and /or diversion channel will be used at the stream crossing. Retaining Wall added on west side to minimize wetland impacts. Erosion Control Plan will be developed for approval by Town of Apex. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: RES-EBX sponsored RES Cape Fear 02 Umb Mit Bank, specifically from the Dairyland Site 3b. Credits purchased/requested: Type: Stream Quantity 66 LF Type: Riparian Wetland Quantity 0 acres Type: Choose one Quantity lick to enter. Attach receipt and/or approval letter. 3c. Comments: Stream and mitigation from the previously authorized impacts have been paid (i.e. 144 LF stream and 0.51 acres wetland), see attached MRT's. The updated impacts resulted in an additional 66 LF of stream mitigation. Please see attached SOA from RES. NOTE in this updated PCN, I didn't request an updated SOA since the new stream mitigation needed is less than the previous (i.e. 72 LF vs. 66 LF) 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan Page 16 of 23 PCN Form Version 4.3- April 20, 2022 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑x No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 17 of 23 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes ❑ No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc..qov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑x Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ❑x Yes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? * ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. ❑x Phase II ❑ USMP Local Government Stormwater Programs * ❑x NSW ❑x Water Supply Page 18 of 23 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Town of Apex State Stormwater Programs * ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Stormwater for the roadway will be routed offsite to BMP's (Wet Ponds and/or Stormwater Wetlands Page 19 of 23 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 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 ❑ Yes ❑ No Policy Act (NEPA/SEPA)? * 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): 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 ❑ Yes ❑x No downstream water quality? * Page 20 of 23 PCN Form Version 4.3- April 20, 2022 3b. If you answered "no", provide a short narrative description: We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the INC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Hasse Ave Extension Modification project is a road extension. Additionally, the project is located within the Town of Apex ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Jordan Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow" requirements and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements; 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ❑ Yes ❑x No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. UIIGrn lV CI III -,I 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ fy govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? ❑ Yes ❑ No ❑x Unknown If yes, which federal agency? U., i enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ®Yes El No 5g. Does this project involve bridge maintenance or removal? ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Page 21 of 23 PCN Form Version 4.3- April 20, 2022 Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: htti)://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on March 08, 2022. Determinations made by S&EC include proposed actions are not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report and concurrence email from the USFWS dated 8/4/2022. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No EssentialFish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural ❑ Yes ❑x No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Page 22 of 23 PCN Form Version 4.3- April 20, 2022 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * Froehling & Robertson completed a field visit and State Historic Preservation Office environmental review request that was submitted to NC SHPO on September 1, 2020. They received response from SHPO on October 8, 2020 determining that no historic resources would be affected by the project. Please see attached response. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: htti)s://msc.fema.ciov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. Per the project engineer, the stream crossing will be designed to minimize backwater effects. 8c. What source(s) did you use to make the floodplain determination? NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. H. Miscellaneous Comments: Click to enter. I Attach pertinent documentation or attachments not previously requested I I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Deborah Shirley Digitally signed by Deborah E. Signature: * Deborah E. Shirley Shirley Date: 2024.02.16 10:57:50-0500' Date: * 12/5/2023 Page 23 of 23 PCN Form Version 4.3- April 20, 2022