20240432 Ver 1_ePCN Application_20240319

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20240432
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Central Office - [phone]
Rob Ridings:rob.ridings
Information for Initial Review
la. Name of project:
Crabtree Creek Trail Improvements at Lassiter Mill Road
1a. Who is the Primary Contact?*
Jennifer Burdette
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/19/2024
Nearest Body of Water
Crabtree Creek
Basin
Nauss
Water Classification
C:NSW
Site Coordinates
Latitude: Longitude:
35.827829-78.654396
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
Is this project a public transportation project?*
Yes No
1c. Primary Contact Phone:*
[phone]
O

Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
STIP BL-0027
WBS # (1)
49611.3.1
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: 13 - Bank Stabilization
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 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:
City of Raleigh
2b. Deed book and page no.:
2c. Contact Person:
David Bender
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
P O Box 590
Address Line 2
City
Raleigh
Postal / Zip Code
27602-0590
2e. Telephone Number:
[phone]
2g. Email Address:*
david. [e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Burdette
4b. Business Name:
Natural Resource Consultants, LLC (NRC)
4c.Address
Street Address
308 W. Millbrook Road
Address Line 2
Ste D #200
city
Raleigh
Postal / Zip Code
27609
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:
Raleigh
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
1705366142, 1705263467, 1705357983,
2b. Property size:
1705363381,1705359949 R 1705454589
2
2c. Project Address
Street Address
Site is located off Hertford Street and Lassiter Mill Road
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27609
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Crabtree Creek
3b. Water Resources Classification of nearest receiving water:
C; NSW
a
3c. What river basins) is your project located it *

Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010804
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: "
The proposed project is located within an existing greenway trail corridor that parallels Crabtree Creek in Raleigh, Wake County, North Carolina. Land use within the immediate vicinity of
the project is primarily residential. General land use within the surrounding area is comprised of residential and commercial properties, as well as recreational areas associated with
communal parks and trails, and private amenities like the Carolina Country Club.
Please refer to the attached USGS Location Map (Figure 1), Buffer Subjectivity Soil Survey Map (Figure 2), and Jurisdictional and Isolated Waters Delineation Map (Figure 3) for more
information on the project setting.
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:
0.009 AC
4g. List the total estimated linear feet of all existing streams on the property:
180 LF
4h. Explain the purpose of the proposed project:
The proposed project innvolves construction of an improved trail connection between Lassiter Mill Road and the existing Crabtree Creek Greenway Trail, which requires streambank
stabilization along Crabtree Creek located in Raleigh, Wake County, North Carolina.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project proposes to improve an approximate 0.41-mile section of the City of Raleigh's Crabtree Creek Greenway Trail located west of Hertford Street at Lassiter Mill Park. The trail
surface will be 10-feet wide. To meet the City of Raleigh and Federal Highway Administration greenway standards, the Crabtree Creek Greenway Trail will be realigned, and upgrades will
include regrading to eliminate steep grades and sharp curves, replacement of the natural surface section of the trail and other non -accessible stairs and structures, installation of retaining
walls, a grade -separated trail crossing under the Lassiter Mill Road vehicular bridge, and streambank stabilization on Crabtree Creek. The proposed project addresses the safety and
accessibility of the greenway trail, as well as improving water quality within Crabtree Creek.
Stream Impacts S1 and S2 (Stream S-B on Delineation Figure 3, Construction Drawing Sheet EC-5) involves the installation of a riprap dissipator pad (Impact S1) and the replacement of
an existing CMP culvert on an unnamed tributary to Crabtree Creek (Impact S2). Approximately 29 LF (0.003 AC) of permanent stream impact will result from riprap dissipator pad
installation. The project proposes to replace the failing CMP with a box culvert, resulting in approximately 10 LF (0.003 AC) of permanent stream impact. The dissipator pad will utilize filter
fabric and clean riprap. A pump -around system will be employed during dissipator pad and culvert installation.
Stream Impact S3 (Stream S-B on Delineation Figure 3, Construction Drawing Sheet EC-5) will provide access to the stream and pump around system during box culvert installation
(Impact S2) and will temporarily impact approximately 5 LF (0.002 AC) of stream. The impacted section of Stream S-B will be returned to its original contours and morphology upon the
completion of culvert installation.
Stream Impacts S4, S6, and S7 (Crabtree Creek, Stream S-A on Delineation Figure 3, Construction Drawing Sheet EC-5) total approximately 585 LF (0.081 AC) of temporary stream
impact for the implementation of a sheet pile diversion system and timber mat access corridor (Construction Drawing Sheet EC-3B) along the toe of the Crabtree Creek. The proposed use
of timber mats provides construction access for streambank stabilization activities while minimizing streambed disturbance from construction machinery. The sheet pile diversion system
will ensure that Crabtree Creek does not come into contact with the active work area. Impacts S4, S6, and S7 also provide access to a dewatering pump (Construction Drawing Sheet EC-
3B) that will assist in maintaining dry working conditions within the temporary timber mat construction access corridor.
Stream Impact S5 (Crabtree Creek, Stream S-A on Delineation Figure 3, Construction Drawing Sheet EC-5) proposes approximately 133 LF (0.021 AC) of permanent stream impact for
streambank stabilization. Due to erosion, the City has stabilized this section of streambank with riprap. The existing streambank will be excavated to a stable slope angle. Filter fabric will
then be installed on the regraded streambank. Footer boulders will be installed and embedded at least 1-foot below the existing grade of Crabtree Creek. Additional boulders will be
individually placed until the stone toe extends slightly below bankfull level of the stream. The stone toe will be backfilled with No. 57 stone as each layer is extended. Soil lifts will be
installed above the stone toe, as well as a level of topsoil that will tie into the top of bank. Soil lifts and topsoil will be covered and secured by a biodegradable soil blanket made of coir fiber
that is free of nylon mesh. Live stakes will be planted to establish a woody buffer. A section of greenway trail will be reconstructed upslope after the completion of bank stabilization
activities, which will connect to the existing Crabtree Creek Greenway alignment along Hertford Street. Please reference Construction Drawing Sheets 2C-2, 2C-7, and 2C-8 for
construction details and planting schedules for the proposed natural streambank stabilization.
Riprap stream stabilization and reinforcement of a stormwater drainage outfall associated with a new retaining wall is also proposed along the left bank of Crabtree Creek below an existing
dam on site (Construction Drawing Sheet EC-9). There are no stream impacts associated with the proposed bank stabilization, drainage outlet, or retaining wall, which will all occur above
the ordinary highwater mark of Crabtree Creek. A combination of Class 1 and Class 2 riprap will be utilized to meet design requirements to ensure long-term stability within this section.
Class 1 riprap will be placed by hand above the jurisdictional limits of the stream. A small Bobcat will be used to install Class 2 riprap on the top of bank. The area will be underlain with
filter fabric and will utilize clean riprap. Stabilization activities will be completed from high ground during low flow conditions to avoid in -stream work.
Streamside riparian zones within the project area are protected under provisions of the Neuse River Buffer Rules administered by NCDWR. All buffer impacts associated with the project
are for greenway or stream stabilization use and are Deemed Allowable Upon Authorization per 15A NCAC 02B .0714 If 1) 0). Permanent Zone 1 Buffer impacts total approximately
25,250 SF (Impacts B1 and B7). Permanent Zone 2 Buffer impacts total approximately 15,963 SF (Impacts B2, B3, B4, B5, and B6).
Equipment typical for construction and earth moving will be utilized to construct the proposed project. The existing Crabtree Creek Greenway Trail and upland trailside areas will be utilized
for accessing the proposed impacts and for material staging.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
Please reference 5d. below.
No
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
O Unknown
Preliminary Approved Not Verified Unknown N/A

Corps AID Number:
SAW-2019-02165
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alec Pierzga, Kelly Roth
Agency/Consultant Company: McAdams
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
James Lastinger of the USACE conducted a desktop review of the project area and issued a Preliminary Jurisdictional Determination concurrence email consistent with the delineation
depicted on the included Figure 3 on November 7, 2019 (SAW-2019-02165, attached). Stream and associated buffer determinations were verified by Chris Smith of the DWR on February
28, 2024 (DWR Project #24-068, attached).
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?
No.
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
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
Riprap Dissipator Pad
Permanent
Rip Rap Fill
SB - UT Crabtree Creek
Perennial
Both
29
Average (feet)
(linear feet)
S2
Culvert
Permanent
Culvert
SB - UT Crabtree Creek
Perennial
Both
15
10
Average (feet)
(linear feet)
S3
Construction Access
Temporary
Other
SB - UT Crabtree Creek
Perennial
Both
16
Aveage (feet)
(linear feet)
S4
Construction Access
Temporary
Other
SA - Crabtree Creek
Perennial
Both
242
Average (feet)
(linear feet)
S5
Streambank Stabilization
Permanent
Bank Stabilization
SA - Crabtree Creek
Perennial
Both
133
Average (feet)
(linear feet)
S6
Construction Access
Temporary
—]
Other
SA - Crabtree Creek
Perennial
Both
43
Average (feet)
(linear feet)
S7
Construction Access
Temporary
Other
SA - Crabtree Creek
Perennial
Both
250
—]
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
172
3i. Total stream and ditch impacts:
712
3i. Total temporary stream impacts:
540
3j. Comments:
The proposed project will result in permanent stream loss totaling approximately 10 LF (0.003 AC), which is identified as Impact S2.
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
B1 - Greenway'
P
SA - Crabtree Creek
No
19,706
0
B2 - Greenway*
P
SA - Crabtree Creek
No
0
2,599
B3 - Greenway*
P
SA - Crabtree Creek
No
0
6,194
134 - Greenway*
P
SA - Crabtree Creek
No
0
562
135 - Greenway*
P
SA - Crabtree Creek
No
0
316
136 - Greenway*
P
SA - Crabtree Creek
No
0
4,290
137 - Greenway*
P
SA - Crabtree Creek
No
5,544
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 25,250.00 15,963.00
Zone 1 Zone 2
Total combined buffer impacts: 25,250.00 15,963.00
61. Comments:
* = Deemed Allowable Upon Authorization per Neuse River Buffer Rules, 15A NCAC 02B .0714 (11) 0).
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:
The applicant obtained a delineation of surface waters and wetlands on the site prior to designing the projects to avoid and minimize impacts to these
resources to the maximum extent practicable. The proposed project will occur within the footprint of an existing greenway trail corridor. Proposed
streambank stabilization will address eroding streambanks and will be beneficial to water quality within Crabtree Creek. Proposed re -grading and culvert
replacement activities will improve drainage to Crabtree Creek as well.
The greenway is 10 feet wide. The section of the trail located in Zone 1 is necessary due to the limited space available. A boardwalk is proposed for
most of the section of the trail along the bank stabilization to be accomplished using natural channel design. An existing eroding bank will also be
stabilized with riprap to protect the section of the trail crossing under Lassiter Mill Road (Photos 6 & 7).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The new box culvert (Impact S2) for the culvert replacement will be installed one foot below the stream bed to maintain aquatic life passage. See
Construction Drawing Sheet EC-5 for a cross-section of the culvert design.
A sediment and Erosion Control Plan for the project will be planned and approved by Wake County, and the project will comply with the supplementary
NPDES Construction Stormwater Permit (NCG010000). Best management practices will be employed to avoid impacts to downstream water quality
from the project. All erosion control measures outlined in the approved plans and construction sequence will be installed before land -disturbing activities
commence.
Stream impacts will be minimized by limiting in -channel work to low -flow conditions and working from high-ground/streambanks when feasible. A sheet
pile diversion system (Construction Drawing Sheet EC-313) and timber mat access corridor (Construction Drawing Sheet EC-313) will be installed along
the toe of Crabtree Creek before stream stabilization activities to prevent the flowing stream from coming into contact with the proposed work area and
to provide stabilized construction access. A dewatering pump (Construction Drawing Sheet EC-313) will assist in maintaining dry working conditions
within the temporary timber mat construction access corridor. A pump around the system will be utilized for culvert replacement activities associated with
Impact S2.
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:
Permanent stream loss associated with project (Impact S2, 10 LF/0.003 AC) is below the mitigation thresholds of the USACE (0.020 AC) and DWR (300 LF perennial stream). Streamside
riparian zones within the project area are protected under provisions of the Neuse River Buffer Rules administered by NCDWR. All buffer impacts associated with the project are for
greenway use and are Deemed Allowable Upon Authorization per 15A NCAC 02B .0714 (11) Q) [See Avoidance and Minimization section for details). No buffer mitigation is required for
the project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
O
a
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:
Stormwater runoff will sheet flow from the greenway surfaces and access vegetated conveyances. Three existing stormwater conveyances associated with the Lassiter Mill Road section
will be piped under the trail with riprap dissipators to protect downstream water quality.
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 proposed project qualifies for an NCDOT Type I(A) Categorical Exclusion.
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.
Proposed activities will improve an existing greenway trail and provide associated streambank stabilization. No additional development is anticipated.
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
What Federal Agency is involved?
FHWA
5e. Is this a DOT project located within Division's 1-8?
Yes No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A protected species assessment was submitted to the USFWS on January 22, 2024, and an updated Species Conclusion Table (attached) was
submitted on February 26, 2024. USFWS reviewed NRC's protected species assessment for the proposed project area and provided the attached letter
dated January 24, 2024, and concurrence email dated February 29, 2024. The attached correspondence indicates that all Section 7 requirements have
been completed for the project.
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 (EFH) Mapper (http://habitat.noaa.gov/protection/efh/efhmapper/) was accessed on March 4, 2024.
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?
SHPO indicated that they are not aware of any historical resources that would be affected by the project in the attached letter dated February 24, 2020.
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:
An approval from the local floodplain manager with Wake County will be obtained prior to construction. A request for a Conditional Letter of Map
Revision for the project was received by FEMA on March 5, 2024 (Case Number 24-04-2600R, Project ID NC-24-886-1-assiter Mill Greenway) and is
currently under review.
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM 3720170500K, Panel 1705, effective 7/19/2022.
Miscellaneous
n
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
Crabtree Ck Lassiter Greenway PCN Ltr + Attachments_Optimized.pdf 22.66MB
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:
Jennifer Burdette
Signature
04rrot eff&eAz7
Date
3/19/2024
8