20240530 Ver 1_ePCN Application_20240407

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# *
20240530
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*
Raleigh Regional Office - [phone]
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
East Durham Water, Sewer, and Stormwater Improvements Project— Phase 1A
1a. Who is the Primary Contact?*
Harmon Henderson, P.E. (City of Durham)
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
4/7/2024
Nearest Body of Water
Third Fork Creek
Basin
Cape Fear
Water Classification
WS-V; NSW
Site Coordinates
Latitude: Longitude:
35.981356-78.894705
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
O

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
58 - Utility Line Activities for Water and Other Substances (frequently used)
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
fig. 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 Durham
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Harmon Henderson, P.E.
2d. Address
Street Address
101 City Hall Plaza
Address Line 2
City
State / Province / Region
Durham
North Carolina
Postal/Zip Code
Country
27701
United States
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
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
State / Province / Region
Raleigh
North Carolina
Postal / Zip Code
Country
27601
United States
4d. Telephone Number: 4e. Fax 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:
Durham
2. Project Identification
2a. Property Identification Number:
2b. Property size:
(See Figure 1: Vicinity Map)
4.0
2c. Project Address
Street Address
Address Line 2
city
State / Province / Region
Durham
North Carolina
Postal / Zip Code
Country
United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Third Fork Creek
3b. Water Resources Classification of nearest receiving water:
WS-V; NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020602
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 project is situated north of Price Avenue, south of E. Umstead Street, west of S. Alston Avenue, and east of Fayetteville Street in Durham, Durham County, NC. The area surrounding
the project is largely urban, composed primarily of residential housing and commercial development. The project area currently exists as a utility corridor running below existing streets and
along narrow riparian corridors in a primarily residential area.

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
458
4h. Explain the purpose of the proposed project:*
The East Durham Water, Sewer, and Stormwater Improvements Project — Phase 1A is part of a multi -phase sewer, water, and stormwater infrastructure project proposed by the City of
Durham to replace and rehabilitate utilities in East Durham. The project is proposed to address aging infrastructure and inflow infiltration to the system, move the existing sewer lines away
from streams, convert aerial sewer crossings to subterranean crossings, move existing sewers out from under four homes, ensure future capacity, and alleviate stormwater flooding in the
area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Phase 1A of the East Durham Water, Sewer, and Stormwater Improvements Project proposes to replace or rehabilitate approximately 3,200 linear feet of sewer line, 2,100 linear feet of
water line, and 260 linear feet of stormwater line. Due to limited depth beneath existing streams, trenchless crossings of streams will not be feasible. Utilities installations across streams
will be near perpendicular and will be completed via open cut methods with stream pump -around operations to allow for temporary construction access and work in the dry. The proposed
utility lines will be buried beneath the stream to not restrict flow and allow for movement of aquatic species. Construction equipment typical of utility projects will be utilized including
bulldozers, excavators, graders, dump trucks, concrete trucks, and pavers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
A delineation of the existing Preliminary Jurisdictional Determination (PJD) limits was conducted by
Kimley-Horn staff on November 19, 2020, and two unnamed tributaries to Third Fork Creek (S1 and
S2) were identified. Final design of the proposed sewer improvements included small portions of
undeveloped area located outside the PJD boundary. Kimley-Horn conducted a site visit to assess
these additional areas on November 14, 2023, and identified no potentially jurisdictional features or
riparian buffer zones.
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-2021-00103
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): William Sullivan, PWS, Emma Radford, WPIT, and Brandon Wyatt,
WPIT
Agency/Consultant Company: Kimley-Horn
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A PJD (SAW-2021-00103) was approved by April Norton of the USACE on January 15, 2021. Additionally, a Surface Water and Buffer Determination Letter (NBRRO #21-012) was
approved by Stephanie Goss of NCDWR on March 12, 2021. The issued Surface Water and Buffer Determination Letter and PJD for the project are attached as part of this permit
application package.
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The East Durham Water, Sewer, and Stormwater Improvements Project — Phase 1A is part of a multi -phase sewer, water, and stormwater infrastructure project proposed by the City of
Durham to replace and rehabilitate utilities in East Durham.
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?
Phase 1A of the proposed project has independent utility separate from that of future phases and can be constructed to meet its intended purpose with or without future phases.
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
39. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
Impact Site 1: Bank
Permanent
Bank Stabilization
Stream S1
Perennial
Both
10
25
Stabilization (Permanent - NO
Average (feet)
(linear feet)
net loss of waters)
g2
Impact Site 1: Temporary
Temporary
Dewatering
Stream S1
Perennial
Both
10
29
Construction Access
Averege (feet)
(linear feet)
S3
Impact Site 2: Bank
Permanent
Bank Stabilization
Stream S1
Perennial
Both
10
33
Stabilization (Permanent - No
Average (feet)
(linear feet)
net loss of waters)
S4
Impact Site 2: Temporary
Temporary
Dewatering
Stream S1
Perennial
Both
10
16
Construction Access
Average (feet)
(linear feet)
SS
Impact Site 3: Bank
Permanent
Bank Stabilization
Stream S1
Perennial
Both
10
149
Stabilization (Permanent - No
Average (feet)
(linear feet)
net loss of waters)
S6
Impact Site 3: Temporary
Temporary
Dewatering
Stream S1
Perennial
Both
10
119
Construction Access
Average (feet)
(linear feet)
g7
Impact Site 4: Bank
Permanent
Bank Stabilization
Stream S1
Perennial
Both
10
74
Stabilization (Permanent - No
Averege (feet)
(linear feet)
net loss of waters)
gg
Impact Site 5: Bank
Permanent
Bank Stabilization
Stream S2
Perennial
Both
8
31
Stabilization (Permanent - No
Average (feet)
(linear feet)
net loss of waters)
S9
Impact Site 5: Temporary
Temporary
Dewatering
Stream S2
Perennial
Both
Construction Access
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
312
3i. Total stream and ditch impacts:
484
3j. Comments:
3i. Total temporary stream impacts:
172
Due to limited depth beneath existing streams, trenchless crossings of streams will not be feasible. The project proposes two perpendicular utility
crossings of streams S1 and S2 which will result in avoidable temporary and permanent stream impacts at separate and distant crossings. The
perpendicular utility crossings will be installed via open cut trenching with a stream pump -around system to allow for temporary construction access and
work in the dry, resulting in a total of 172 LF (0.038 acre) of temporary stream impacts. The proposed utility lines will be buried beneath the stream to not
restrict flow and allow for movement of aquatic species. Additionally, the stream banks will be stabilized with keyed -in rip rap at the locations of the
perpendicular utility crossings to protect the banks and prevent future erosion, resulting in a total of 312 LF (0.072 acre) permanent stream impacts with
no net loss of waters across five separate and distant crossings along streams S1 and S2. Upon completion of the project, temporary impacts will be
returned to pre-existing conditions.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
O Neuse Tar -Pamlico
O Catawba Randleman
O Goose Creek Jordan Lake
O Other
6b. Impact Type
Impact Site 1: Perpendicular Non -Electric Utility
(Allowable)
Impact Site 1: Parallel Non -Electric Utility
(Allowable w/ Mitigation)
6c. Per or Temp
P
P
6d. Stream name
Stream S1
Stream S1
6e. Buffer mitigation requiredT
No
Yes
6f. Zone f impact
2,013
777
6g. Zone 2 impact
1,591
F
Impact Site 1: Temporary Construction Access
Impact Site 2: Perpendicular Non -Electric Utility
(Allowable)
Impact Site 2: Parallel Non -Electric Utility
(Allowable w/ Mitigation)
T
P
P
Stream S1
Stream S1
Stream S1
No
No
Yes
3,185
1,681
2,642
1,437
6,722
0
Impact Site 2: Temporary Construction Access
T
Stream S1
No
2,708
895
Impact Site 3: Perpendicular Non -Electric Utility
(Allowable)
P
Stream S1
No
12,886
4,652

Impact Site 3: Parallel Non -Electric Utility
P
Stream S1
Yes
2,204
0
(Allowable w/ Mitigation)
Impact Site 3: Temporary Construction Access
T
Stream S1
No
1,746
306
Impact Site 4: Perpendicular Non -Electric Utility
P
Stream S1
No
44
850
(Allowable)
Impact Site 4: Temporary Construction Access
T
Stream S1
No
1,266
286
Impact Site 5: Perpendicular Non -Electric Utility
P
Stream S2
No
5,819
6,400
(Allowable)
Impact Site 5: Parallel Non -Electric Utility
P
tream S2
f
Yes
1,880
0
(Allowable w/ Mitigation)
Impact Site 5: Temporary Construction Access
T
Stream S2
No
118
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 9,023.00 2,924.00
Zone 1 Zone 2
Total Permanent impacts: 29,946.00 20,215.00
Zone 1 Zone 2
Total combined buffer impacts: 38,969.00 23,139.00
6i. Comments:
Installation of the utility lines and the associated permanent maintenance easements across and alongside streams S1 and S2 will result in unavoidable
permanent impacts to Jordan Lake Water Supply riparian buffer zones. These permanent buffer impacts are broken into allowable uses and allowable
with mitigation uses. The installation of perpendicular non -electric utility lines and the associated permanent easements across streams S1 and S2 will
result in 22,443 square feet of permanent Buffer Zone 1 impacts and 20,215 square feet of Buffer Zone 2 impacts. Installing the non -electric utility lines
and the associated easements parallel, along the streams will result in 7,503 square feet of permanent Buffer Zone 1 impacts, with no impacts to Buffer
Zone 2. Temporary impacts to Buffer Zone 1 and Buffer Zone 2 will result from temporary construction access and the pump -around systems to allow for
work in the dry to facilitate installation of the proposed utility lines and removal of the existing utility lines beneath and adjacent to streams S1 and S2.
Temporary construction access will result in 9,023 square feet of temporary Buffer Zone 1 impacts and 2,924 square feet of temporary Buffer Zone 2
impacts. Temporary impacts will be restored to pre -construction contours and re -vegetated with native species consistent with NCDWR riparian buffer
rules upon completion of the project as shown in the Planting Plan Set attached as part of this permit application.
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 and protected riparian buffers have been avoided and minimized to the greatest extent practical through careful design and
alignment of the utility project. The project has been designed to utilize existing utility easements and rights -of -way where practicable to minimize
impacts to streams and associated riparian buffers and to move the utilities away from the adjacent streams. Stream crossings were aligned to be near
perpendicular crossings to minimize impact footprints to streams and riparian buffers. The perpendicular utility crossings will be installed via open cut
trenching with a stream pump -around system to allow for temporary construction access and work in the dry, resulting in temporary stream impacts. The
proposed utility lines will be buried beneath the stream to not restrict flow and allow for movement of aquatic species. Additionally, the stream banks will
be stabilized with keyed -in rip rap at the locations of the perpendicular utility crossings to protect the banks and prevent future erosion, resulting in
permanent stream impacts with no net loss of waters. Due to constraints from the adjacent residential housing, the design is limited in some areas and
the utility line will have to be installed parallel to the existing streams and will result in parallel impacts to streams and associated riparian buffers.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams and protected riparian buffers within the project area will be minimized to the extent practical throughout the construction process by
avoiding these features with equipment, materials, and access corridors where practicable. Where feasible, staging and construction access routes will
be located in upland areas throughout the corridor. Silt fencing will be installed as part of the standard BMP and in accordance with the erosion control
plan sheets. Temporary sediment control measures will be used to reduce stormwater impacts to 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
01
3. Complete if Using a Mitigation Bank

3a. Name of Mitigation Bank:
Bandit Farms Bank Site (RestorEcology Jordan, LLC) & Neville Farms Phases 1 & 2 Nutrient Offset
and Buffer Mitigation Bank (Watershed Investments NC, LLC)
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian buffer 22,509 sq.ft. buffer credits
3c. Comments
As a result of the critical infrastructure improvements associated with the project, new permanent maintenance easements and utility crossings will be
necessary within the protected Jordan Lake Water Supply riparian buffer zones. In accordance with the Jordan Lake Water Supply Watershed Buffer
Rule, impacts resulting from impacts resulting from non -electric utilities other than perpendicular crossings in Buffer Zone 1 require compensatory buffer
mitigation. The City of Durham has secured compensatory buffer mitigation at a 3:1 ratio for the 7,503 square feet of mitigatable Buffer Zone 1 impacts
to tributaries to Third Fork Creek (Streams S1 and S2). In total, the proposed project will require 22,509 square feet of compensatory buffer mitigation
credits. Therefore, to offset these riparian buffer losses, 22,509 square feet of compensatory buffer mitigation credits have been reserved through the
RestorEcology Jordan, LLC sponsored Bandit Farms Bank Site, and through the Watershed Investments NC, LLC sponsored Neville Farms Phases 1 &
2 Nutrient Offset and Buffer Mitigation Bank. The Statements of Availability from the mitigation banks have been included as part of this application
package.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
6b. If yes, then identify the square feet of impact.
r7l��impact
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Parallel Non -Electric Utility Installation
7,503
3
22,509
Zone 2
6f. Total buffer mitigation required
22509
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
As a result of the critical infrastructure improvements associated with the project, new permanent maintenance easements and utility crossings will be
necessary within the protected Jordan Lake Water Supply riparian buffer zones. In accordance with the Jordan Lake Water Supply Watershed Buffer
Rule, impacts resulting from impacts resulting from non -electric utilities other than perpendicular crossings in Buffer Zone 1 require compensatory buffer
mitigation. The City of Durham has secured compensatory buffer mitigation at a 3:1 ratio for the 7,503 square feet of mitigatable Buffer Zone 1 impacts
to tributaries to Third Fork Creek (Streams S1 and S2). In total, the proposed project will require 22,509 square feet of compensatory buffer mitigation
credits. Therefore, to offset these riparian buffer losses, 22,509 square feet of compensatory buffer mitigation credits have been reserved through the
RestorEcology Jordan, LLC sponsored Bandit Farms Bank Site, and through the Watershed Investments NC, LLC sponsored Neville Farms Phases 1 &
2 Nutrient Offset and Buffer Mitigation Bank. The Statements of Availability from the mitigation banks have 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
O

Comments:
Stormwater will not be concentrated, collected, or discharged as a result of the proposed project. No new impervious area will be added as a result of the proposed utilities rehabilitation
and replacement.
G. Supplementary Information O
1. Environmental Documentation
la. 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.
While Phase 1A of the East Durham Water, Sewer, and Stormwater Improvements Project is part of a multi -phase sewer, water, and stormwater
infrastructure project proposed by the City of Durham, no additional or cumulative impacts are anticipated due to the activities of the proposed Phase 1A.
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
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
As of April 3, 2024, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists four 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. Kimley-Horn reviewed the INC Natural Heritage Program (NCNHP) element occurrence database
(updated January 2024) to determine if there are any known occurrences of federally protected species within the project study area or its vicinity. The
NCNHP database records indicate that there are no known occurrences of any federally protected species within 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 January 2024) 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 City of Durham will coordinate with the USFWS as appropriate to resolve Section 7 for the tricolored
bat.
Suitable habitat for Michaux's sumac is not present along the maintained lot edges, easements, roadside and associated rights -of -way within the project
study area due to the regular mowing maintenance schedule and herbicide application, shading, and invasive species overgrowth observed within these
areas. Additionally, a review of the NCNHP database records (updated January 2024) 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 suitable habitat and lack of known occurrences within the project study area, it has been
determined that the proposed project will have "No Effect" on Michaux's sumac.
Suitable habitat for smooth coneflower is not present along the maintained lot edges, easements, roadside and associated rights -of -way within the
project study area due to the regular mowing maintenance schedule and herbicide application, shading, and invasive species overgrowth observed
within these areas. A review of the NCNHP database records (updated January 2024) indicates no known current smooth coneflower occurrences in or
within 1.0 mile of the project study area, however, one historic occurrence of smooth coneflower was identified within the project study area. However,
the NCNHP occurrence is not current and was last noted as observed in this area in 1954. Due to the lack of suitable habitat and the lack of current
known occurrences within the project study area, it has been determined that the proposed project will have "No Effect"on the smooth coneflower.
Suitable habitat for the Atlantic pigtoe is not present within the project study area due to the lack of well -oxygenated streams with stable banks. Streams
in the project corridor have been impacted by sediment discharge and large amounts of discarded trash observed within the evaluated reaches. A review
of the NCNHP database records (updated January 2024) indicates there are no known occurrences of the Atlantic pigtoe in or within 1.0 mile of the
project study area. Due to the lack of suitable habitat and the lack of known occurrences, it has been determined that the proposed project will have "No
Effect' on the Atlantic pigtoe.
The bald eagle is protected under the BGEPA, enforced by the USFWS. 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 -Geographic
Information Systems (GIS) assessment of the Project, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project study area, was
performed in April 2024 using 2021 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were
identified. Additionally, a review of the NCNHP database records (updated January 2024) indicate there are no known occurrences of bald eagle in or
within a 1.0 mile radius of the project study area. Due to the lack of suitable nesting and foraging habitat and the lack of known occurrences, it has been
determined that the proposed project will not affect 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 April 5, 2024. 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?"
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on April 5, 2024 identified one national register
site within the project study area, the Stokesdale Historic District. The Stokesdale Historic District was listed under the National Register (NR) in 2010.
Additional historic resources were located within 0.5-mile of the project study area:
- Durham Hosiery Mill (National Register) - located approximately 0.48 miles north of the project area
St. Joseph's AME Church (National Register) - located approximately 0.29 miles northwest of the project area
Hillside Park High School (Whiffed School) (National Register) - located approximately 0.33 miles west of the project area
- Scarborough House (National Register) - located approximately 0.17 miles southwest of the project area
- Golden Belt Historic District (Boundary Increase) (National Register District) - located approximately 0.50 miles northeast of the project area
- North Carolina Central University (National Register Historic District) - located approximately 0.34 miles southwest of the project area
- Durham Water Tower and Valve House (Determined Eligible) — located approximately 0.27 miles northeast of the project area
- Russell Memorial CME Church (Determined Eligible) — located approximately 0.14 miles east of the project corridor
Asbury Temple United Methodist Church (Determined Eligible) - located approximately 0.48 mile north of the project area
Harriet Tubman YWCA (Determined Eligible) - located approximately 0.29 mile west of the project area
- Glenview/Woodstock (Rosewood) Neighborhood (Determined Eligible Historic District) - located approximately 0.33 miles southeast of the project area
- Fayetteville Street Local Historic District (Local Historic District) — located approximately 0.01 miles west of the project area
- Stanford L. Warren Library (Study List) — located approximately 0.11 miles west of the project area
- Mill Park Service Station Building (Pure Oil Gas Station) (Determined Eligible, Study List) - located approximately 0.46 miles northeast of the project
area
- Branson (Asbury Temple) Methodist Church (Determined Eligible, Study List) — located approximately 0.36 miles northeast of the project area
Numerous historical and cultural resources currently listed as "Blockface-Multiple properties", "Survey Only", and "Survey Only, Gone" were found in or
within 0.5-mile of the project area. Due to the presence of the existing utility line in and near -to the proposed sewer improvements, the disturbed and
suburban nature of the corridor, and the minimal visual impact resulting from an underground utility line, it is anticipated that the proposed project will
have no effect on any historical or cultural resources within the vicinity.
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8c. What source(s) did you use to make the floodplain determination?"
The FEMA Digital Flood Insurance Map (DFIRM) Panels 3720083100J (effective May 1, 2006) accessed on April 5, 2024 identified no FEMA-regulated
floodplains or special flood hazard zones within the project area.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is
helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
01_EDurham_PCN Cover Letter.pdf
30.88KB
03_EastDurham_SIGNED_2020-12-17_Agent Authorization.pdf
232.76KB
04_EDurham_CombinedFigures_20231005.pdf
2.91 MB
05_(SAW-2021-00103) - AprilNorton_PreliminaryJD Request_ East Durham .pdf
1.75MB
06_NCDEQ Buffer Determination Letter - Massey Ave.pdf
961.8KB
07a_Statement of Availability - City of Durham Bandit Farms 032524.pdf
179.98KB
07b_NevilleBuffer_SOA_Durham.pdf
225.87KB
08_E_Durham Phase 1A - Environmental Drawings - 20240405.pdf
5.33MB
09_East Durham Phase 1A Water, Sewer, and Storm Compiled Set-Signed.pdf
95.17MB
File must be PDF or KMZ
Comments
Please see attachments to aid in the review of this permit application package.
Signature
O
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
V
Date
4M2024