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HomeMy WebLinkAbout20171605 Ver 1_PCN Form Submission_20191111DWR Division of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20171605 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Daniels Creek Mitigation Site 1a. Who is the Primary Contact?* Chris Roessler 1b. Primary Contact Email:* croessier@Wldlandseng.com Date Submitted 11/11/2019 Nearest Body of Water Daniels Creek Basin Cape Fear Water Classification Class C Site Coordinates Latitude: 35.44277 A. Processing Information County (or Counties) where the project is located: Harnett Is this project a public transportation project?* r Yes r No Longitude: -79.02773 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Mac Haupt:eads\dmhaupt 1c. Primary Contact Phone:* (919)624-0905 V 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 27 - Restoration le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)iress F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. lathe project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Timothy C. Patterson, Patterson and Sons, Inc. 2b. Deed book and page no.: DB 1779 PIN 185, DB 1608 PN 366, IDS 881 PIN 987, DB 1032 PIN 201 2c. Responsible party: Wildlands Holdings Iv, LLC (Wildlands Engineering, Inc.) 2d.Address Street Address 1430 South Mint St. Address tine 2 Suite 104 City Charlotte Fbstal / Zip Code 28203 2e. Telephone Number: (704)332-7754 2g. Email Address:* sWlkerson@\Mldlandseng.com 3. Applicant Information (if different from owner) State / Ro ince / Region NC Country USA 2f. Fax Number: (704)332-3306 r Yes r No r Yes r No 3a. Name: Chris Roessler 3b. Business Name: Wildlands Engineering 3c.Address Street Address 312 W. Millbrook Rd. Address tine 2 Suite 225 City Raleigh Postal / Zip Code 27609 3d. Telephone Number: (919)624-0905 3f. Email Address:* croessier@Wldlandseng.com 4. Agent/Consultant (if applicable) 4a. Name: Win Taylor 4b. Business Name: Wildlands Engineering, Inc. 4c.Address Street Address 497 Bramson Court Address tine 2 Suite 104 City Mt. Pleasant Postal / Zip Code 29464 4d. Telephone Number: (843)277-6221 4f. Email Address:* Maylor@Wldlandseng.com Agent Authorization Letter* Dan ielsCr_LOAs_sig ned. pdf State / Rmince / Region NC Country USA 3e. Fax Number: (704)332-3306 State / Rmince / Fegion SC Country USA 4e. Fax Number: 89.61 KB C. Project Information and Prior Project History C"U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Broadway, NC 2. P2jeor�ctt Identification 2a. Property Identification Number: 9681-96-9302,9691-25-4156, 9691-07-7381, 2b. Property size: 9691-26-4869 56.324 2c. Project Address Street Address 78 Tim Patterson Lane Address Line 2 (3ty State / PrWnce / Region Broadway NC Postal / Zip Code Country 27505-9333 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Daniels Creek 3b. Water Resources Classification of nearest receiving water:* Class C 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. 03030004010020 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 site is in a mostly rural watershed southeast of Broadway, NC. The site is composed of 4 properties that are farmland used for beef cattle or hay. Forested buffers are present but rare along some of the stream reaches. The stream reaches are experiencing incision, instability, and erosion. In addition to Daniels Creek, ten unnamed tributaries are included in the project. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Fig 5_ USG STo p o Ma p_Da n i e l sC re a k. p d f 1.35MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) DanielsCr_HarnettCo_NRCS_Soil_Map.pdf 659.07KB 4f. List the total estimated acreage of all existing wetlands on the property: 23.294 4g. List the total estimated linear feet of all existing streams on the property: 15,705 4h. Explain the purpose of the proposed project:* To provide compensatory stream and wetland mitigation credits to offset unavoidable impacts in the Cape Fear River Basin. Mitigation will include restoration and enhancement to approAmately 15,518 linear feet of stream and 23.294 acres of wetlands. Terrestrial riparian habitat will be improved through native vegetation plantings. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Stream restoration activities will involve construction of new channels that are designed to be functional and stable. Dimension, pattern, and profile have been designed for all restoration reaches to provide a crosslsectional area sized for frequent overbank flows, a stable bed with variable bed forms, welllvegetated bank slopes, a welllconnected floodplain, and improvements to aquatic habitat and water quality. Enhancement level I reaches will undergo localized channel reconstruction and enhancement II type treatments. The sections of channel reconstruction will be built similarly to restoration reaches. Enhancement level II reaches are relatively stable, and the existing channel will be left in place. Bank stabilization and repair will be performed where necessary. Wetlands will be enhanced, rehabilitated, and restored. Wetland enhancement largely involves cattle exclusion and native planting. However, some conversion of headcut channels to headwater linear wetland swales will also be included with wetland enhancement practices. Following this practice, the head of T2 will be considered wetland rehabilitation, which is the only rehabilitation approach on the site. Wetland restoration will involve transition of hydric soils to jurisdictional wetlands that meet cited hydrologic criteria. All project reaches and wetlands will be placed in a conservation easement to protect the project in perpetuity. Areas of easement will be fenced to exclude livestock, and native tree and shrub species will be planted on the streambanks and floodplain. Excavators will be used for stream channel construction and grading, and articulated off -road dump trucks will be used for hauling soil. 4j. Please upload project drawings for the proposed project. 40050-Daniels Creek 60 % Re-Sub.pdf 29.39MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes Comments: r No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2017-00998 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Win Taylor Agency/Consultant Company: Wildlands Engineering, Inc. Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR USACE staff field reviewed the preliminary JD application submitted by Wildlands in November 2018. A Preliminary Jurisdictional Determination has not yet been issued by Corps PM Mickey Sugg but will be issued pending approval of this permit application. Mickey Sugg reviewed Wildlands JD mapping in the field and Wildlands made requested edits. 5d1. Jurisdictional determination upload Daniels Creek PJD Request 10.15.2018.pdf 28.57MB 6. Future Project Plans 6a. Is this a phased project?* t^ Yes r 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type*(?) �2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*(?)]2g. Impact area* W1 floodplain grading T Bottomland Hardwood Forest Y No Both 0.087 (acres) W2 stream channel P Bottomland Hardwood Forest Y Both 0.080 construction �N. (acres) stream channel P Bottomland Hardwood Forest ZZ Both 0.001 ff construction �No (acres) W4 floodplain grading T Bottomland Hardwood Forest ZZ �Both 0.008 (acres) WS stream channel P Bottomland Hardwood Forest ZZ No Both 0.000 construction (acres) W6 stream channel P Bottomland Hardwood Forest ZZ Both 0.030 construction fo (acres) floodplain grading T Bottomland Hardwood Forest �Zz � Both 0.019 (acres) W8 floodplain grading T Bottomland Hardwood Forest Z Both 0.004 (acres) W9 stream enhancement P Bottomland Hardwood Forest Z No Both 0.018 (acres) W10 stream enhancement T Bottomland Hardwood Forest Z No Both 0.006 (acres) W11 floodplain grading T Bottomland Hardwood Forest Z Both 0.003 (acres) W12 floodplain grading T Bottomland Hardwood Forest Z Both 0.004 (acres) W13 stream channel P Bottomland Hardwood Forest Z No Both 0.014 construction (acres) W14 stream channel P Bottomland Hardwood Forest Z No Both 0.000 construction (acres) W15 floodplain grading T Bottomland Hardwood Forest Z No Both 0.001 (acres) W16 floodplain grading T Bottomland Hardwood Forest CC Both 0.010 (acres) W17 stream channel P Bottomland Hardwood Forest CC No Both 0.003 construction (acres) W18 floodplain grading T Bottomland Hardwood Forest Z Both 0.001 (acres) W19 stream channel P Bottomland Hardwood Forest Z No Both 0.002 construction (acres) W20 floodplain grading T Bottomland Hardwood For Z Both 0.023 (acres) W21 stream channel P Bottomland Hardwood Forest Z Both 0.013 construction �No (acres) W22 floodplain grading T Bottomland Hardwood Forest DID Both 0.008 (acres) W23 floodplain grading T Bottomland Hardwood Forest DID Both 0.008 (acres) W24 floodplain grading T ffo mland Hardwood Forest DD Both 0.070 (acres) W25 floodplain grading T ffornland Hardwood Forest FF ��Both 0.017 (acres) W26 stream channel P Bottomland Hardwood Forest FF Both 0.001 construction ��No (acres) W27 floodplain grading T Bottomland Hardwood Forest KK Both 0.027 (acres) W28 stream P Bottomland Hardwood Forest KK No Both 0.041 enhancementIcrossing (acres) W29 stream crossing P Bottomland Hardwood Forest LL Both 0.021 (acres) W30 floodplain grading T Bottomland Hardwood Forest LL Both 0.007 (acres) W31 stream channel P Bottomland Hardwood Forest LL Both 0.001 construction (acres) W32 floodplain grading T Bottomland Hardwood Forest MM Both 0.003 (acres) W33 stream channel P Bottomland Hardwood Forest KK No Both 0.021 construction (acres) W34 floodplain grading T Bottomland Hardwood Forest NN Both 0.007 (acres) W35 stream channel P mland Hardwood Forest ff NN Both 0.000 construction (acres) W36 floodplain grading T Bottomland Hardwood Forest NN Both 0.010 (acres) W37 floodplain grading T ffo mland Hardwood Forest NN Both 0.000 (acres) W38 floodplain grading T ffo mland Hardwood Forest NN �No Both 0.031 (acres) W39 stream channel P mland Hardwood Forest ff NN Both 0.001 construction (acres) W40 stream channel P Bottomland Hardwood Forest 00 Both 0.002 construction (acres) W41 floodplain grading ��T Bottomland Hardwood Forest 00 Both 0.024 (acres) W42 stream channel P Headwater Forest PP Both 0.000 construction (acres) W43 floodplain grading T Headwater Forest PP Both 0.001 (acres) W44 stream channel P Headwater Forest QQ Both 0.007 construction (acres) W45 floodplain grading ��T Headwater Forest QQ Both 0.056 (acres) W46 floodplain grading ��T Headwater Forest RR No Both 0.002 (acres) W47 floodplain grading ��T Headwater Forest RR No Both 0.018 (acres) W48 stream enhancement IP Seep SS No Both 0.003 (acres) W49 floodplain grading T Seep SS Both 0.005 (acres) W50 (T7, Fig floodplain grading T Headwater Forest JJ �N. Both 0.015 10.2) (acres) W51 floodplain grading T Headwater Forest HH ��Botlh 0.003 (acres) W52 floodplain grading T Headwater Forest HH ��Botlh 0.010 (acres) W53 (T1, Fig floodplain grading ��T Headwater Forest W No Both 0.005 10.3) (acres) W54 floodplain grading T Headwater Forest T Both 0.012 (acres) W55 floodplain grading T Headwater Forest S Both 0.001 (acres) W56 floodplain grading T Headwater Forest R Both 0.004 (acres) W57 stream channel P Headwater Forest Q Both 0.001 construction (acres) W58 floodplain grading ��T Headwater Forest Q No Both 0.021 (acres) W59 floodplain grading ��T Seep K Both 0.002 (acres) W60 stream channel P Seep K Both 0.002 construction (acres) W61 stream channel P Headwater Forest L Both 0.025 construction (acres) W62 floodplain grading T Headwater Forest ��L Both 0.036 (acres) W63 stream T Headwater Forest E Both 0.007 enhancement/crossing (acres) W64 stream channel P Headwater Forest F Both 0.001 construction (acres) W65 floodplain grading T Headwater Forest F ��Both 0.015 (acres) W66 floodplain grading T Headwater Forest B ��Both 0.010 (acres) W67 stream channel P Headwater Forest B Both 0.008 construction (acres) W68 floodplain grading T Seep ��A Both 0.005 (acres) W69 floodplain grading T Seep A Both 0.004 (acres) W70 floodplain grading (T6, T Headwater Forest Both 0.007 Fig 10.3) �AA (acres) W71 floodplain grading T Headwater Forest �AA Both 0.008 (acres) W72 stream channel P Headwater Forest AA Both 0.013 construction (acres) W73 fill / log sills (T1A Fig T Seep A Both 0.068 10.5) (acres) W74 fill / brush baffles T Headwater Forest D No Both 0.051 (acres) W75 brush baffle T Headwater Forest J No Both 0.001 (acres) W76 log sill T Seep H Yes Both 0.000 (acres) W77 log sill T Seep I Yes Both 0.000 (acres) W78 log sills T Seep C Yes Both 0.004 (acres) W79 fill T Seep C Yes Both 0.001 (acres) W80 brush baffle (T3A, Fig T Seep G No Both 0.001 10.5) (acres) W81 channel plugs (T4, Fig T Seep L No Both 0.008 10.4) (acres) W82 proposed riffle P Seep K Both 0.002 (acres) W83 fill / brush baffles T Seep K Both 0.028 (acres) W84 fill /log sills T Seep ��L No Both 0.011 (acres) W85 fill / log sill/ brush baffle T Seep M No oth f 0.032 (acres) W86 proposed riffle P Seep 7�10 Both 0.001 (acres) W87 log sills (T6, Fig 10.3) T Headwater Forest BB Both 0.006 (acres) W88 sills / brush baffles T Seep SS No Both Fig 10.2) FJ81 (acres) 2g. Total Temporary Wetland Impact 0.848 2g. Total Wetland Impact 1.160 2h. Comments: 2g. Total Permanent Wetland Impact 0.312 Impact areas are shown on accompanying figures 10.1-10.5. More details on may be seen in the Engineering Plans (dated May 8, 2019) that are in Appendix 5 of the approved mitigation plan (and attached). Impacts to wetlands areas were avoided and minimized to the e)dent possible during the design phase. Permanent impacts include areas where restored channel alignments or substantial floodplain grading (typically 1 foot or more of cut/fill) couldn't be avoided or in some cases necessary to fill ditches. Permanent impacts will be offset by vernal pool creation within portions of the eAsting channels to be backfilled. 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 stream restoration Permanent Fill Daniels Cr. R5 Perennial Both 21 335 Average (feet) (linearfeet) S2 stream restoration Permanent Fill Daniels Cr. R4 Perennial Both 18 1,076 Average (feet) (linearfcet) S3 stream restoration Permanent Fill Daniels Cr R3 Perennial Both 16 1,490 Average (feet) (linearfcet) � stream restoration Permanent Fill Daniels Cr R2 Perennial Both 14 465 Average (feet) (linearfeel) S5 stream restoration Permanent Fill Daniels Cr R1 Perennial Both 6 340 Average (feet) (linearfeel) S6 stream restoration Permanent Fill T8 R2 Perennial Both 15 492 Average (feet) (linearfcet) S7 enhancement stream I Tem orar P Y Fill T8 R1 Perennial Both 15 287 Average (feet) (linearfeet) S8 streamenhancementl Tem orar P Y Fill T7 Perennial Both 10 1,249 Average (feet) (lir�rfeet) S9 stream restoration Permanent Fill T6 R2 Perennial Both 11 349 Average (feet) (linearfeet) S10 blank entry Temporary Other blank entry Intermittent Both 0 0 Average (feet) (lir�rfeet) �11 stream restoration Permanent Fill T1 R5 Perennial Both 16 662 Averge(feet) (linearfeet) �2] stream restoration Permanent Fill T1 R4 Perennial Both 14 1,090 Average (feet) (lir�rfeet) S13 stream restoration Permanent Fill T3 R2 Perennial Both 9 973 Average (feet) (linearfeet) S14 blank entry Temporary Other blank entry Intermittent Both 0 0 Average (feet) (lin�rfeet) S15 blank entry Temporary Other blank entry Intermittent Both OAverdge O(li (feet) zarfeet) S16 stream structure - E2 Temporary Bank Stabilization J T1 R3 Perennial Both 1Average 24 (feet) �rfeet) S17 stream restoration Permanent Fill T2 Perennial Both 6 587 gverage (feet) (lin�rfeet) S18 stream structure -E2 Temporary Bank Stabilization T1 R2 Perennial Both 1Average 3( (fee) earfeet) S19 stream restoration Permanent Fill T1 R1 Perennial Both 11 535 Average (feet) (linearfeet) S20 stream restoration Permanent Fill T4 R2 Perennial ��_] 10 374 Average (feet) (lir�rfeet) S21 stream restoration Permanent Fill T5 R2 Perennial Both 5 384 Average (feet) (linear feet) 822 blank entry Temporary Other blank entry Intermittent Both OAverge 0(li (feet) �rfeet) S23 stream restoration Permanent Fill T4 R1 Perennial Both 9 1,014 Average (feet) (lir�rfeet) S24 stream structure -E2 Temporary Stabilization T10R1 Perennial Both 1Average(fee) 24�rfeet) S25 stream structure -E2 Temporary Stabilization T10A Perennial Both 1Average 29nea (fee) feet) S26 stream structure - E2 Tem orar p y Stabilization T9A Intermittent Both 10 41 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 10,166 31. Total stream and ditch impacts: 6437 31. Total temporary stream impacts: 2,185 3j. Comments: Impact areas are shown on accompanying figures 10.1-10.5. More details on may be seen in the Engineering Plans (dated May 8, 2019) that are in Appendix 5 of the approved mitigation plan (and attached). Impacts are temporary enhancement and restoration activities that will result in an increase in resource function. Enhancement II (Ell) involves spot stabilization to address discrete occurrences of bed and bank instability. Ell also includes minimal in -stream structures in addition to invasive treatment and cattle exclusion. Impact Justification and Mitigation u' 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Stream restoration and Enhancement I activities will introduce fill material to existing reaches, but are designed to have an overall positive impact. Stream impacts will be avoided or minimized to project reaches that exhibit less instability and incision. These reaches are generally proposed for Enhancement II activities which will involve primarily riparian buffer improvement, cattle exclusion, and localized bank stabilization. Stream alignments for restoration reaches were designed to avoid existing wetlands. Unavoidable impacts to wetlands are due to conversion of wetland to stream channel or to higher floodplain. Linear headwater wetlands will be enhanced at the top of T1 B, T2, T3, T3A, T4, T4A, T413, T4C, T5, T6A, and T8. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Priority I restoration will involve constructing offline channel sections which will minimize sedimentation to aquatic systems during construction. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, and will be seeded and planted with native riparian species. During construction culverts and mud mats will be used at temporary crossings. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a project that creates compensatory mitigation credits. 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? r Yes r No If no, explain why: Not in a buffer basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes f• No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a stream and wetland mitigation project and will not cause an increase in development nor Will it negatively impact downstream water quality. The project area will be protected in perpetuity from future development through a conservation easement. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 51. 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Wildlands consulted the USFWS and NC Natural Heritage program databases to search for federally listed threatened and endangered plant and animal species in Harnett County, NC. All correspondence with the USFWS is enclosed with this submittal. The NC Wildlife Resource Commission (NCWRC) was contacted for comment related to fish and wildlife issues associated with the proposed mitigation project. Correspondence with NCWRC is included in this submittal. Consultation Documentation Upload Daniels Creek - NCWRC Response Letter.pdf 78.16KB Daniels Creek - USFWS Response Letter.pdf 1.08MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NC Wildlife Resource Commission (NCWRC) was contacted for comment related to fish and wildlife issues associated with the proposed mitigation project. Correspondence with NCWRC is included in this submittal. 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?* r' Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office (SHPO) was contacted regarding the presence historic properties or cultural resources within the project area. SHPO responded on 7/24/17 and stated they were "aware of no historic resources that would be affected by the project'. Correspondence with the SHPO is included with this submittal. 7c. Historic or Prehistoric Information Upload Daniels Creek - SHPO Response Letter.pdf 8. Flood Zone Designation (Corps Requirement) 120.97KB 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Harnett County Flood Insurance Rate Map Panel 9680 Miscellaneous Comments Figures 10.1 - 10.5 that depict individual stream and wetland impacts are attached. Miscellaneous attachments not previously requested. Fig 10.1 - Stream and Wetland Impacts.pdf 2.03MB Fig 10.2 - Stream and Wetland Impacts.pdf 3.15MB Fig 10.3 - Stream and Wetland Impacts.pdf 3.14MB Fig 10.4 - Stream and Wetland Impacts.pdf 2.96MB Fig 10.5 - Stream and Wetland Impacts.pdf 3.29MB Signature * FJ By checking the box and signing below, I certify that: • 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: E. Christian Roessler Signature ECh�-.r577Ad �6✓E55L� Date 11/11/2019 u LATIDOWNER AUTHORIZATION (FORM PROPERTY LEGAL DESCRITION: Deed Boolc: 0881, 1032 Page: 0987, 0201 County: Harnett Parcel ID Number: 13696800138,1396910054 Street Address: 78 Tim Patterson Ln., Broadway, NC 27505 Property Owner (please print): Patterson and Sons, Inc. (Tim Patterson) Property Owner (please The ❑ndersigned, registered property owners) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the ITS Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: Propetty Owner Telephone Number: We hereby certify the ab�information to be true and accurate to tint best of ow• knowledge. (Property O ner Authorized Signature) (Date) (Property Owner Authorized Signature) (Date) ILANDOWN]ER AUTHORIZATION FORM PROPERTY LEGAL DESCRITIOV: Deed Book: 1608, 1779 Page: 366, 185 County: Harnett Parcel ID Number: 1396810009,1396910044 Street Address: 78 Tim Patterson Ln., Broadway, NC 27505 Property Owner (please print): Timothy C. Patterson Property Owner (Ixlease The nndersigneil, registered property owners) of the above property, do hereby anthoize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certificatiou(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: it different from above) Property Owner Telephone Number: Property Ovvner'Telephone Number: We hereby certify the ab a 'nformntion to be true and accurate to the best of our Icnovvledge. 2,; z6 (Property tO ` ner Authorized Signature) (Date) (Property Owner Authorized Signature) (Date) 0 900 1,800450 Feet Proposed Conservation Easement Project Location ¹ Figure 5 USGS Topographic MapDaniels Creek Mitigation SiteMid Cape Fear Umbrella Mitigation BankCape Fear River Basin 03030004 Harnett County, NC Broadway USGS 7.5-Minute Topographic Quadrangle Soil Map—Harnett County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/11/2019 Page 1 of 3392330039235003923700392390039241003924300392450039247003923500392370039239003924100392430039245003924700677900678100678300678500678700678900679100679300679500679700679900680100 677900 678100 678300 678500 678700 678900 679100 679300 679500 679700 679900 680100 35° 27' 0'' N 79° 2' 26'' W35° 27' 0'' N79° 0' 55'' W35° 26' 13'' N 79° 2' 26'' W35° 26' 13'' N 79° 0' 55'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 500 1000 2000 3000 Feet 0 150 300 600 900 Meters Map Scale: 1:10,400 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Harnett County, North Carolina Survey Area Data: Version 16, Sep 16, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 15, 2015—Dec 4, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Harnett County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/11/2019 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Bb Bibb soils, frequently flooded 28.1 7.9% BnB Blaney loamy sand, 2 to 8 percent slopes 89.7 25.3% BnD Blaney loamy sand, 8 to 15 percent slopes 7.2 2.0% FuB Fuquay gravelly loamy sand, 0 to 6 percent slopes 20.4 5.8% GaB Gilead loamy sand, 2 to 8 percent slopes 54.6 15.4% LnD Lillington very gravelly sandy loam, 8 to 15 percent slopes 5.5 1.5% LnE Lillington very gravelly sandy loam, 15 to 25 percent slopes 10.8 3.1% NoB Norfolk loamy sand, 2 to 6 percent slopes 2.6 0.7% Pd Pits-Dumps complex 12.8 3.6% VeB Vaucluse gravelly loamy sand, 2 to 8 percent slopes 46.4 13.1% VeD Vaucluse gravelly loamy sand, 8 to 15 percent slopes 76.4 21.5% Totals for Area of Interest 354.5 100.0% Soil Map—Harnett County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/11/2019 Page 3 of 3 W14 (Z) W16 (CC) W17 (CC) W23 (DD) W24 (DD) W25 (FF) W26 (FF) W27 (KK) W50 (JJ) W51 (HH) W52 (HH) W28 (KK) W29 (LL) W30 (LL) W31 (LL) W33 (KK) W32 (MM) W34 (NN) W36 (NN) W35 (NN) W43 (PP) W42 (PP) W37 (NN) W41 (OO) W45 (QQ) W44 (QQ) W46 (RR) W47 (RR) W48 (SS) W49 (SS) W38 (NN) W39 (NN) W40 (OO) S3 S4 S5 S6 S7 S8 W88 (SS) Daniels R3 T8 R2 T8 R1 Daniels R2 Daniels R1 T7 ¹0 150 30075 Feet Conservation Easement Delineated Wetland Proposed Channel Temporary Wetland Impact Permanent Wetland I mpact Pe rennial RPW Inte rmittent RP W Stream Impact Line ar Wetland Figure 10.2 - Stream and Wetland Im pactsDaniels Creek Mitigation SiteMid Cape Fear U mb rella M itigation BankCape Fear River Basin 03 0300 04 Harnette County, NC 2017 Aerial Photography W2 (Y) W1 (Y) W3 (ZZ) W4 (ZZ) W5 (ZZ) W8 (Z) W10 (Z) W11 (Z) W12 (Z) W15 (Z) W7 (ZZ) W9 (Z) W70 (AA) W71 (AA) W72 (AA) W13 (Z) W14 (Z) W16 (CC) W17 (CC) W21 (Z) W18 (Z) W19 (Z) W20 (Z) W22 (DD) W23 (DD) W24 (DD) W25 (FF) W26 (FF) W53 (W) W54 (T) W6 (ZZ) S12 S24 S11 S1 S2 S9 S3 W87 (BB) T1 R4 Daniels R3 T1 R5 T6 R1 Daniels R4 T6 R2 Daniels R5 T1A 0 150 30075 Feet Conservation Ea sem ent Delineated Wetland Proposed Channel Temporary Wetla nd Im pa ct Permanent Wetland Impact Peren nial RPW Intermittent RPW Linear Wetla nd Strea m Impact ¹ Figure 10.3 - Stream and Wetland ImpactsDaniels Creek Mitigation SiteMid Cape Fear U mb rella M itigation BankCape Fear River Basin 03 0300 04 Harnett County, NC 2017 Aerial Photography W56 (R) W60 (K) W57 (Q) W59 (K) W61 (L) W62 (L) W63 (E) W64 (F) W65 (F) W55 (S) W58 (Q) S21 S12 S20 S23 S13 W75 (J) W76 (H) W77 (I) W80 (G) W81 (L) W82 (K) W83 (K) W84 (L) W85 (M) W86 (M) T1 R4 T4 R1 T3 R2 T5 R2 T4 R2 T3 R1 T1 R3T5 R1 T3A ¹0 150 30075 Feet Conservation Easement Delineated Wetland Proposed Channel Temporary Wetland Impact Permanent Wetland Impact Pe rennial RPW Inte rmittent RPW Stream Impact Line ar Wetland Figure 10.4 - Stream and Wetland Im pactsDaniels Creek Mitigation SiteMid Cape Fear U mb rella M itigation BankCape Fear River Basin 03 0300 04 Harnette County, NC 2017 Aerial Photography W60 (K)W59 (K) W63 (E) W64 (F) W65 (F) W66 (B)W68 (A) W69 (A) W67 (B)S23 S13 S16 S17 S18 S19 W73 (A) W74 (D) W78 (C) W79 (C) W75 (J) W76 (H) W77 (I) W80 (G) W82 (K) W83 (K) T4 R1 T3 R2 T1 R1 T1 R2 T3 R1 T2 T3A 0 150 30075 Feet Conservation Easement Delineated Wetland Proposed Channel Temporary Wetland Impact Permanent Wetland Impact Pe rennial RPW Inte rmittent RP W Line ar Wetland Stream Impact ¹ Figure 10.5 - Stream and Wetland ImpactsDaniels Creek Mitigation SiteMid Cape Fear U mb rella M itigation BankCape Fear River Basin 03 0300 04 Harnett County, NC 2017 Aerial Photography W41 (OO) W45 (QQ) W46 (RR) W47 (RR) W48 (SS) W49 (SS) W40 (OO) S7 S24 S25 W88 (SS) S26 T9 R2 T10 R1 T10 R2 T8 R1 T9 R1 T9A T10A 0 150 30075 Feet Conservation Easement Delineated Wetland Proposed Channel Temporary Wetland Impact Permanent Wetland I mpact Pe rennial RPW Inte rmittent RP W Line ar Wetland Stream Impact ¹ Figure 10.1 - Stream and Wetland ImpactsDaniels Creek Mitigation SiteMid Cape Fear U mb rella M itigation BankCape Fear River Basin 03 0300 04 Harnett County, NC 2017 Aerial Photography North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona nr. B-,Lrto�, Administrator Uovemor Roy Cooper Secretary Susi 14. I Iamilton July 24, 2017 Ruby M. Davis Environmental Scientist Wildlands Engineering, Inc. 1430 South Mint Street Suite 104 Charlotte, NC 28203 Re: Daniels Creek Mitigation Bank, Broadway, Harnett County, ER 17-1219 Dear Ms. Davis: Thank you for your letter of June 1, 2017, concerning the above proj cet. Office of Archives and I listory Dcputy secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no continent on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or renee.gledhill- carley@nedcr.eov. In all future communication concerning this project, please cite the above -referenced tracking number, Sincerely, aniona M. Bartos Location: t09 1iast Jones Strcet, Raleigh NC 27601 Mailing Address: 4617 \fail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 North Carolina Wildlife Resources Commission Gordon Myers, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 July 11, 2017 Ms. Ruby Davis Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Subject: Request for Environmental Information for the Daniels Creek Mitigation Bank, Harnett County, North Carolina. Dear Ms. Davis, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the proposed project description. Comments are provided in accordance with certain provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Wildlands Engineering has developed the Daniels Creek Mitigation Bank in order to provide in-kind mitigation for unavoidable stream channel impacts. Daniels Creek is located on an active cattle farm and has been significantly degraded as a result of the cattle. This project will include stream restoration and enhancement. The site is located northeast of the intersection of US Highway 421 and Seminole Road, southeast of Broadway. Stream restoration projects often improve water quality and aquatic habitat. Establishing native, forested buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats and provide a travel corridor for wildlife species. The NCWRC recommends the use of biodegradable and wildlife-friendly sediment and erosion control devices. Silt fencing, fiber rolls and/or other products should have loose-weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills. Any invasive plant species that are found onsite should be removed. Page 2 July 11, 2017 Scoping – Daniels Creek Mitigation Bank Thank you for the opportunity to review and comment on this project. If I can be of further assistance, please contact me at (910) 409-7350 or gabriela.garrison@ncwildlife.org. Sincerely, Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator Habitat Conservation Program United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 June 29, 2017 Ruby Davis Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Daniels Creek Mitigation Bank — Harnett County, NC Dear Mrs. Davis: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at https://www.fws.gov/raleigh/pp.htmi. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ecos.fws.goy/i arc/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. I The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Kathy Matthews of this office at (919) 856-4520 ext. 27. Sincerely, V j�- Pete Benjamin Field Supervisor