20240704 Ver 1_ePCN Application_20240517

DW R
DHlsloo 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# *
20240704 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Kayla Court Bank Stabilization
1a. Who is the Primary Contact?*
Keven Duerr
1b. Primary Contact Email:*
[e-mail]
Date Submitted
5/17/2024
Nearest Body of Water
Bushy Creek
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude:
35.7772
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Longitude:
-78.6912
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Kristina Morales: Kristina.Morales
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 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
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 Raleigh
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Wayne Miles, PE
2d. Address
Street Address
222 West Hargett Street
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal/Zip Code
Country
27602
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Keven Duerr
4b. Business Name:
Hazen and Sawyer
4c. Address
Street Address
4011 Westchase Blvd, Suite 500
Address Line 2
City
Raleigh
Postal / Zip Code
27607
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
2a. Property Identification Number:
Utility and drainage easements
2c. Project Address
Street Address
4200 Burgess Court
Address Line 2
City
Raleigh
Postal / Zip Code
27606
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Bushy Creek
3b. Water Resources Classification of nearest receiving water:
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011101
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
0.2
State / Province / Region
NC
Country
USA
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 City of Raleigh is proposing a streambank stabilization project to protect surrounding utilities and residential structures near Kayla Court. The proposed project is located in central
Wake County, Southeast of the 1-440 / Western Boulevard interchange. Specifically, the project limits are along an unnamed tributary (UT) to Bushy Branch Creek between Kayla Court
and Sterlingworth Drive, south of Stovall Drive, and north of Burgess Court. The current existing conditions onsite are a perennial stream (UT to Bushy Branch Creek), maintained utility
easements, and forested and maintained grassy stream buffer. Surrounding land use includes multi -family residential, maintained lawns, narrow swaths of woods, and roadways.
a

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
280
4h. Explain the purpose of the proposed project:*
The City of Raleigh identified the need for this project through the Drainage Assistance Petition Program. Existing townhomes on Kayla Court are experiencing severe streambank erosion
behind their homes. Streambank erosion due to high flows in the stream and roof drains of the abutting townhomes have caused the existing stacked timber wall on the streambank to be
undercut and become unstable. There is very limited space between townhomes structures and due to topography and the existing structural supports. The existing stacked timber wall is
failing and is not providing adequate protection to abutting public utilities and townhomes, increasing the risk of damage to public utilities and private property. The proposed project will
correct the issue by constructing a new retaining wall to reinforce the right streambank of UT to Bushy Branch Creek and grading the area abutting the left streambank (streambank
opposite the townhomes) to provide additional capacity for high flows during storm events.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The Kayla Court streambank stabilization project consists of construction of a retaining wall, establishing outlet protection for an existing stormwater pipe, and grading of a floodplain
bench. The retaining wall is proposed along the right (west) streambank. The stormwater pipe, for which outlet protection is proposed and the floodplain bench, are to be provided along
and adjacent to the left (east) streambank. The limits of disturbance (LOD) for the project encompass approximately 0.2 acre (8,803 square feet [SF]).
The proposed retaining wall will be situated along the right streambank of UT to Bushy Branch Creek and 3 feet channelward of the existing stacked timber wall. The proposed wall will be
set landward of the stream's ordinary high water mark (OHWM). The wall will be 74 feet in length and tie into the natural streambank at the upstream and downstream ends. The wall will
be set on a foundation of 2-foot-deep concrete footers, as shown on Sheet D3. The space behind the wall will be backfilled with compacted clean fill material and stabilized with grass
seed.
At the southern end of the project, the outlet tail ditch of an existing 18-inch diameter stormwater drainage pipe originating from the adjacent parking lot has silted in, limiting its ability to
function. A tail ditch from the pipe outlet drains across the floodplain to the main channel. As part of this project, a rip rap dissipation pad will be installed at the pipe outlet, and a tail ditch
establishing positive grade to the main stream channel excavated and stabilized with native grass mixture and erosion control matting. The dissipation pad, comprised of riprap, is
proposed to cover a length of 9 feet and be 2 feet wide in existing upland areas.
The proposed floodplain bench will be established along the left streambank of UT to Bushy Branch Creek opposite the retaining wall. The floodplain bench will tie into an existing
floodplain bench immediately downstream of the project area. The slope of the floodplain bench will be approximately 20:1 and will tie into the existing grade with a 4:1 slope. Downstream
of the proposed bench, the proposed floodplain bench will tie into the existing bench. The proposed floodplain bench will lower the shear stress in the channel and provide additional
floodplain capacity for the channel offsetting any reduction caused by the proposed retaining wall.
Construction access for the proposed activities will be via Sterlingworth Drive to the east. The existing utility and drainage easements will be utilized from the edge of public right-of-way to
and within the project LOD. Equipment anticipated to be used includes, but is not limited to, dump trucks, earth -moving equipment, and a temporary pump. Earth -moving equipment will be
selected by the contractor and may consist of a backhoe, front-end loader, and/or excavator.
While the access route is primarily grass, 14 trees will be removed to accommodate the project design. Vegetation removal has been reduced to the maximum extent feasible to provide an
erosion and flood management solution that is effective and offers long-term efficacy and stability.
Temporarily disturbed areas will be returned to original grade and elevation and stabilized with seeding. Erosion control matting will be used along stream banks to protect against erosion
and loss of seed prior to germination. The erosion control matting will be made of a biodegradable material and shall not be plastic.
Erosion and sediment control measures are included in the design and shall be installed prior to land disturbance. Site -wide erosion control measures include silt fence, tree protection
fence, and a stabilized construction entrance. The in -stream work will be performed in dry conditions. Two temporary sandbag dikes with a double pump -around setup will be utilized to
establish and maintain the dry conditions in the in -stream work area. The sandbag dikes shall be installed across the full width of the channel upstream and downstream of the work area.
One temporary pump -around set-up will pump water out of the work area and into a filter bag. The filter bag shall trap sediments suspended in the pumped water prior to discharging the
water to the channel. The second temporary pump -around set-up will consist of a clean water diversion and will pump water from upstream of the upper dike and discharge it into the
stream channel immediately downstream of the lower sandbag dike. The temporary pump -around system will be utilized for the duration of in -stream and bank work.
Direct impacts to UT to Bushy Branch Creek and the protected riparian buffer are unavoidable to meet the project goals. Impacts to UT to Bushy Branch Creek shall consist of temporary
impacts for construction access and dewatering. The length of stream to be temporarily impacted is 113 feet (1,506 sf of stream bed).
The project will temporarily impact 2,512 sf of Zone 1 and 1,199 sf of Zone 2 and permanently impact 946 sf of Zone 1. Temporary impacts will result from construction access and
installation of erosion and sediment control devices. Permanent impacts will result from installation of the retaining wall and removal of woody vegetation to accommodate installation of the
proposed retaining wall and outlet protection and grading to construct the floodplain bench. Areas of disturbance within the riparian buffer will be restored by seeding the areas with a
riparian seed mix suitable for the landscape position and geographic location (see Sheet C8).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Keven Duerr
Agency/Consultant Company: Hazen and Sawyer
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
O Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?

D. Proposed Impacts Inventory
0
V
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries 0 Buffers
Open Waters Pond Construction
3. Stream Impacts
F I
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name* ��3e.
Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Construction Access
Temporary
Other
UT to Bushy Branch Creek
Perennial
Both
15
Averege (feet)
113
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
0 113
3i. Total stream and ditch impacts:
113
3j. Comments:
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
dd, AUA - Retaining Wall
P
UT to Bushy Branch Creek
No
4
0
s, AUA - Outlet Protection
P
UT to Bushy Branch Creek
No
14
0
s, AUA - Construction and Maintenance Access
P
UT to Bushy Branch Creek
No
928
0
s, AUA - Construction Access
T
UT to Bushy Branch Creek
No
2,512
1,199
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 2,512.00 1,199.00
Zone 1
Zone 2
Total Permanent impacts: 946.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 3,458.00
1,199.00
6i. Comments:
Permanent buffer impacts are necessary to accommodate installation, maintenance, and long-term stability of the proposed retaining wall. Grading for
the floodplain bench and installation of the outlet protection necessitate removal of existing vegetation. Maintenance and future access for inspections,
repairs, and maintaining full functionality of the bench and outlet protection necessitate permanent removal of woody species. As such, the disturbed
areas of the buffer will be restored with herbaceous cover.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Delineation of jurisdictional areas occurred in the early design process. The project was designed to minimize encroachment into and modification of
jurisdictional waters, to the maximum extent feasible. Avoidance of all jurisdictional features is only possible with a no -action alternative, which does not
meet the need or purpose of the project. The proposed retaining wall was reduced in length to balance protecting private property and minimizing stream
impacts during construction. The proposed retaining wall was designed to have no permanent direct impacts to the stream. Erosion and sediment control
measures reduce the potential for indirect impacts associated with land disturbance.
Disturbed areas outside of the stream channel will be permanently stabilized by seeding with a native riparian seed mix and turf, as depicted on Sheet
CS. Due to the existing utility easements and need to perform routine maintenance, areas along the left streambank from which woody vegetation will be
removed will be restored with herbaceous species only. Three trees will be planted in Zone 2 of the buffer, and two additional trees will be planted
immediately landward of the buffer limits. These plantings will provide stability, nutrient reduction, and sediment removal benefits to the stream in the
future. Along the right streambank, it is not prudent to plant new trees due to the proximity of the proposed retaining wall, existing residential structures,
and existing buried utilities. These areas will be seeded with an herbaceous mix suitable for the landscape position and geographic location.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to jurisdictional waters during construction will be limited to the extent feasible by performing as much work as possible from upland areas.
Erosion and sediment control devices shall be in place in uplands prior to initiating land -disturbing activities. In -stream measures shall be in place prior to
entering the stream. The contractor shall perform inspections of the erosion and sediment control measures weekly and after each rainfall event of
greater than one inch and perform maintenance as needed to ensure maximum efficiency of all devices in use.
In -stream work will be performed in the dry, and pumped water will be filtered prior to being returned to the channel. Live concrete, if used, will be
handled in such a way as to ensure no contact with surface waters occurs with uncured or curing concrete. Seeding will be performed in a timely manner
to minimize the duration of exposed soils. Vehicle and equipment maintenance activities shall be performed away from jurisdictional areas.
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:
Impacts to jurisdictional waters are below the minimal threshold at which mitigation is required.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
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 is below minimum criteria for SEPA and does not meet the requirements for a NEPA document to be necessary.
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)? *
O
Yes No

3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project will reduce future sediment loading and stream degradation by reducing future erosion. No new development will be induced or
supported by the proposed project. The project will have a net beneficial cumulative effect on the aquatic ecosystem of UT to Bushy Branch Creek.
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?
Hazen biologists performed a desktop review of federally listed species using USFWS online database, IPaC, in March 2024. The IPaC report identified
red -cockaded woodpecker (endangered), Neuse River waterdog (threatened), Carolina madtom (endangered), Atlantic pigtoe (threatened), dwarf
wedgemussel (endangered), and Michaux's sumac (endangered) as the federally protected species that have the potential to occur in the project area.
Assessments of the project area were performed on March 14, 2024 by qualified biologists to determine if habitat for listed species was present. IPaC
also identified the following proposed and candidate species for awareness: tricolored bat (proposed endangered), green floater (proposed threatened),
and monarch butterfly (candidate).
Suitable habitat for red -cockaded woodpecker, consisting of trees, is present within the LOD. The onsite trees were visually assessed for the presence of
evidence of use by red -cockaded woodpeckers. No evidence was observed within or adjacent to the project area.
Potentially suitable habitat for the freshwater mussels is present within UT to Bushy Branch Creek, being a perennial stream with gravelly substrate and
clear water. However, no mussel shell of any species was identified within or immediately downstream of the project area. The depth of water at OHWM
is insufficient to support Neuse River waterdog or Carolina madtom.
Suitable habitat for Michaux's sumac may be present within the upland areas in the eastern portion of the project area. Maintained edges in uplands are
present. However, soil characteristics are marginal for the species. Pedestrian surveys were performed in March 2024, and no plant of appropriate habit
and form to potentially be Michaux's sumac was observed within or in the vicinity of the project limits.
Furthermore, desktop review of Natural Heritage Program's Natural Heritage Element Occurrence (NHEO) database, updated January 2023, was
conducted by Hazen biologists. The nearest federally threatened or endangered species to the project limits identified in the NHEO database is the
Atlantic pigtoe. A historic occurrence of Atlantic pigtoe is noted downstream of Lake Raleigh, a location that is approximately 1.2 miles southeast of the
project site. Based on the habitat assessment, onsite observations, and NHEO data, Hazen concluded that the project will not adversely affect federally
threatened or endangered species.
It has been duly noted that the proposed and candidate species may be listed prior to completion of the proposed project. Should a new species be
listed prior to project completion, the City of Raleigh shall communicate with USACE to confirm requirements or protective measures necessary to
minimize the risk of harm to the newly listed species.
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?
Hazen biologist reviewed the NOAA EFH online mapper.
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?*
Hazen biologists consulted the INC HPOWEB online interactive map to determine the presence of historic areas on March 6, 2024. The closest National
Register of Historic Places (NRHP) listed resource, the Oak Grove Cemetery, is approximately 4,600 feet (0.87 mile) northwest of the project area.
Within a mile of the project area, the only other NRHP listed resource is Spring Hill, which is approximately 0.9 mile southeast. The project is not
anticipated to have any effect on the listed historic resources. The project consists of streambank stabilization behind existing residential homes. There
will be no disruption to the view of or the view from the listed historic resources. The streambank stabilization activities will not be visible from the listed
historic resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
Be. What source(s) did you use to make the floodplain determination? *
Hazen biologist reviewed FEMA Flood Insurance Rate Map panel 3720079300K, effective July 19,2022.
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 adach document
ALL Files Compiled - Kayla Ct.pdf 19.64MB
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:
Keven Duerr
Signature
Date
5/17/2024
O