20170024 Ver 1_401 Application_20161216

IL
20
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Environmental Consultants,
To: RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
Attn: James Lastinger
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
From: Kevin C. Martin
Soil & Environmental Consultants, PA
Re: Reliance Avenue Extension
Apex, Wake County, NC
December 30th, 2016
S&EC Project #12635
NC DWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Building — 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
COP `c
cc)p '
NOTE: No DWR application fee is attached since this is a courtesy 401 notification and because Buffer
Authorizations do not require application fees.
On behalf of the applicant, The Town of Apex (Attn: David B. Hughes, Assistant Town Manager) please
find attached a complete application and supplemental information requesting a Nationwide Permit 29
from the USACE and a Buffer Authorization from N.C. Division of Water Resources (NCDWR).
The proposed project is the extension of a public road. For more details see the attached site plans, maps
and PCN form. The project purpose is to provide improved access to existing as well as proposed
commercial and residential developments.
Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name
Reliance Ave. Extension
Project Type
Public Road
Owner / Applicant
Town of Apex
County
Wake
Nearest Town
Apex
Waterbody Name
Regency Park Lake/Swift Creek
Basin
Neuse
Class
WSIII; NSW

IMPACT SUMMARY
Stream Impact (acres):
0.0022
Wetland Impact (acres):
0.013
Open Water Impact (acres):
0.0
Total Impact to Waters of the U.S. (acres)
0.0152
Total Stream Impact (linear feet):
25'
Perennial
0'
Intermittent
25'
Zone 1 Buffer
3089 sqft
Zone 2 Buffer
3129 sqft
Attachments:
Pre -construction Notification (PCN) Application Form
USGS and Soil Survey Map
Impact Exhibits (2 pages)
Owner Certification/Agent Authorization
Existing Conditions Aerial Photo

`o�oF warFgPG
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: NW29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Reliance Ave. ExtensionIV t�mo
2b.
County:
Wake
2c.
Nearest municipality / town:
Apex DEC 3 2= IUUI
2d.
Subdivision name:
1 11
2e.
NCDOT only, T.I.P. or state project no:
401 BtATER RESOlxi2CEs'
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Town of Apex
3b.
Deed Book and Page No.
Parts of old PIN#'s 0751470207,0751470717, 0751377789 & 0751480275
3c.
Responsible Party (for LLC if
applicable):
David B. Hughes, Assistant Town Manager
3d.
Street address:
P.O. Box 250
3e.
City, state, zip:
Apex, NC 27502
3f.
Telephone no.:
919-249-3414
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Kevin C. Martin
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
8412 Falls of Neuse Rd.
5d. City, state, zip:
Raleigh, NC 27615
5e. Telephone no.:
919-270-7941
5f. Fax no.:
919-846-9467
5g. Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a. Property identification no. (tax PIN or parcel ID):
see project description below
1b. Site coordinates (in decimal degrees):
Latitude: 35.7213 Longitude: -78.8182
1 c.
Property size:
1.41 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Regency Park Lake/SwiftCreek
2b. Water Quality Classification of nearest receiving water:
WSIII; NSW
2c.
River basin:
Neuse
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Some open lawn mostly mature forest, surrounding area is residential , commercial or undeveloped woodland
Parts of old PIN#'s 0751470207,0751470717, 0751377789 & 0751480275
3b.
List the total estimated acreage of all existing wetlands on the property: 0.013
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 25
3d. Explain the purpose of the proposed project:
To extend an existing public road to provide improved access to existing and proposed residential and commercial development
3e. Describe the overall project in detail, including the type of equipment to be used:
Equipment to be used is that typical for construction of public roads in the piedmont region of NC
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: Corps performed site visit 3/16/16
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
El Preliminary El Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Kevin Martin
Agency/Consultant Company: S&EC, PA
Other: Corps agent -James Lastinger
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Corps visited the site in 3/16/16. James Graham of DWR confirmed stream Buffer determinations 10/30/13, NBRRO#13-307 on northern portion of the
road. Cheng Zhang of DWR confirmed buffer determinations on the southern portion of the road NBRRO#16-023 dated 1/29/15 (actual date 1/29/16).
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑X Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Culvert
Headwater Wetland
Yes
Corps
0.013
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.013
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT Regency Lake
INT
Corps
3.67
9
S2 P
Stabilization
UT Regency Lake
INT
Corps
3.94
16
S3 -
Choose one
-
-
34 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
25
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

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. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then vou MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 P
road fill
UT Regency Park Lake/Swift Creek
No
3,089
3,129
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
3,089
3,129
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Road alignment is set due to existing section of Reliance Ave. and existing dedicated right of way. Existing development is present both up and down
stream of proposed crossing therefore it is not possible to shift alignment.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Crossing was designed to "bend" north as sharply as possible to minimize impacts as much as possible considering alignment constraints
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 ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
E] Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Stormwater
plans to be reviewed by the town of Apex.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
56.8%
2b.
Does this project require a Stormwater Management Plan?
0 Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Town of Apex
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Apex
❑x Phase II
NSW
3b.
Which of the following locally-implemented stormwater management programs
USMP
apply (check all that apply):
❑ Water Supply Watershed pp Y
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state-implemented stormwater management programs apply
❑ORW
(check all that apply):
[]Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes Q No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑R Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
0 Yes ❑ No
Page 8 of 10
PCN Form —Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
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
El Yes ❑ No
(North Carolina) Environmental 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 NEPA or SEPA final approval
F] Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
El Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. 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 NC 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. While the Town of Apex owns the right of way, the road will be constructed with private funds.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
NA, project is a road
Page 9of10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Northern long eared bat was listed for Wake county 4/2/15, since this project involves the removal of some trees the Corps will initiate
consultation with the USFWS.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
National Marine Fisheries website
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
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Data obtained from http://gis.ncdcr.gov/hpoweb/, no listings within 1/2 mile of the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Wake county GIS iMAPS
Kevin C. Martin
' r
12-30-2016
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.
Page 10 of 10

Soil & Environmental Consultants, PA
&41'_' Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Reliance Ave. extension S&EC Project # 12635
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wiltnir►gtorl,lVC 28403
Attn: Jess La§tinger Field Office: _Raleigh - -
I, the undersigned, a duly authorized representative of a local municipality with the power of
Eminent Domain, do authorize representatives of the Wilmington District, U,S, Army Corps of
Engineers (Corps) and Soil &Env
ironmental Consultants, PA (S&EC) staff=, as my agent, to enter
upon the property herein described for the purpose of conducting on-site investigations and
issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under
Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of I899,
This document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project, I have also attached a copy of a right of
entry signed by the current owner giving the Town of Apex and its agents, contractors &
subcontractors the right to evaluate said property.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMAJION:
Parcel Index Number(s) (PK: 0751470207 ) 0-7S- l�� U Z v .7 a 7 S► 4 10 7 i, l� U 75 l ;--7 7 7�
Site Address: 2147 Ten Ten Rd.
/
City, County, State: -Apex, Wake County, NC
W n1"a- 80X -a .
(411 Z) J6, - /-"? JN ' z7aroZ
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Town of Apex representative (please print name and title) Dat
• III- q-3
Town of Apex Representative Si atureA,xV I V V-1 e5 © CLP e_ Y\ ft C © r
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We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

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Project Numbe ;2635
Project Manager
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Scale:
1" = 500'
Date:
1/25/16
Map Title:
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APPLICANT:
TOWN
OF APEX
73 HUNTER
STREET
APEX,
NC 27502
PROJECT:
FFNTA
DATE:
14 DEG 2016
SCALE:
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LEGEND—IMPACT AREA 1
PERMANENT BUFFER® PERMANENT INTERMITTENT PERMANENT WETLAND
ZONE 1 IMPACT STREAM IMPACT IMPACT 3,089 SF SF (0.071 AC) - 9 LF (33 SF) 573 SF (0.013 AC)
' • PERMANENT BUFFER PERMANENT/NO PERMANENT LOSS INTERMITTENT
® ZONE 2 IMPACT STREAM IMPACT (RIP -RAP ENERGY DISSIPATER)
' �\\ 3,129 SF (0.072 AC) 16 LF (63 SF)
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Piedmont Land Design, LLP
8522-204 Sia Forks Road Raleigh, NC 276
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APPLICANT:
TOWN OF APEX
73 HUNTER STREET
APEX, NC 27502
PROJECT:
FFNTA
DATE:
14 DEC 2016
SCALE:
1.=50'
DWG. # 1 � .5