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HomeMy WebLinkAbout20200694 Ver 1_401 Application_20200526 FROEHLING & ROBERTSON, INC. Engineering Stability Since 1881 310 Hubert Street Raleigh, North Carolina 27603-2302 T 919.828.3441 I F 919.582-0304 Corporate HQ: 3015 Dumbarton Road Richmond, Virginia 23228 T 804.264.2701 F 804.264.1202 www.fandr.com VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA A Minority-Owned Business May 26, 2020 Ms. Emily Greer United States Army Corps of Engineers Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 Re: Pre-Construction Notification for Authorization of NWP 12 and NC WQC 4133 Big Rockfish Creek Outfall Fayetteville, Cumberland County, North Carolina F&R Project No. 59Y-0128 Dear Ms. Greer: Froehling & Robertson, Inc. (F&R) is submitting this Pre -Construction Notification (PCN) to the US Army Corps of Engineers (USACE) for written concurrence for allowable impacts to “Waters of the United States.” F&R is also sending a copy to the North Carolina Division of Water Resources (NCDWR). F&R has been contracted by W.K. Dickson to perform wetland consulting services on behalf of the Fayetteville Public Works Commission (PWC) for the above-referenced project site, which is located in Fayetteville, Cumberland County, North Carolina and within the Cape Fear River Basin. The proposed project is situated in southwest Cumberland County, in and around the southwest portion of the City of Fayetteville. The proposed project is the installation of a new gravity outfall consisting of approximately 22,900 linear feet (LF) of 24” sewer pipe and 10,850 LF of 18” sewer pipe to serve areas recently annexed by the City of Fayetteville. The PWC is obligated to provide sewer service to the annexed communities as part of the annexation agreement. In addition to the outfall, six existing neighborhood lift stations, serving communities along the route of the outfal l but outside of the annexation areas, will be abandoned and re-routed to the outfall. Abandoning all six lift stations requires an additional 5,650 LF of 12” gravity sewer and 8,600 LF of 8” gravity sewer line. The project area begins at an existing pump station along the western side of Blackbridge Road just south of the intersection with Permastone Lake Road, then proceeds west along Big Rockfish Creek, then north along Stewarts Creek. The northwestern terminus of the project site is at King Road, just east of Stewart’s Creek. The impacts to Waters of the United States for this project, as proposed, will be:  Eleven (11) separate jurisdictional stream crossings totaling 580 linear feet of impacts (all temporary; no mitigation required)  Twenty-Two (22) separate jurisdictional wetland impact areas, including: o 1.79 acres of permanent wetland impacts (requires mitigation) o 6.35 acres of temporary wetland impacts (does not require mitigation)  One (1) open water impact area totaling 5,393 SF (all temporary; no mitigation required) Fayetteville PWC 2 Big Rockfish Creek Outfall F&R Project Number: 59Y-0128 May 2020 Additionally, since this project occurs in the Cape Fear Basin, riparian buffer regulations are not applicable and stream buffers are not required. Stream crossings will consist of a “cut and fill” type crossing and will be perpendicula r to the surface water of the stream. Once the GSL is installed, the stream channel and banks shall be returned to the pre-existing grade. The maintained easement throughout the project area will be 10 feet wide. Please reference the attached Impact Map plan sheets for specific information related to each of the proposed impacts. Each of the proposed permanent jurisdictional wetland impact areas disturb less than 0.5 acres of Waters of the United States and are allowable IAW USACE Nationwide Permit 12 and North Carolina General 401 Water Quality Certification 4133. Please see attached Statement of Availability (SOA) from Wildlands Engineering for reservation of mitigation credits. As indicated above, there are a total of 1.79 acres of permanent wetland impacts associated with this overall project. However, as of the date of t he Wildlands SOA, only 1.16 units of credit were available within the specified HUC. Additionally, other private mitigation credits are not available within the specified HUC. Therefore, at least a portion of the mitigation credits will need to be purchased through the NC Division of Mitigation Services (DMS) In -Lieu of Fee program. Please note that while Wildlands Engineering was able to issue an SOA for 1.16 credits, they may not have those credits available beyond the specified date; as a result, it is possible that additional mitigation credits may need to be purchased through the DMS at the time of permit authorization for this project. An In-Lieu of Fee Request Acceptance Letter is included. F&R is submitting this PCN for Nationwide 12 with associated USGS Maps, NRCS Soil Maps, project plan drawings, wetland impact maps, and other pertinent documentation to the USACE and NCDWR for written concurrence for the identified impacts and authorization of this project under NWP 12 and NC WQC 4133. Should your office have questions pertaining to the information presented within the following PCN or its attachments, please contact the undersigned. Respectfully Submitted, FROEHLING & ROBERTSON, INC. Alex D. Aycrigg, MS, PWS Elias N. Ruhl Wetland Scientist Practice Leader, Natural Resources DWR Division of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 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?* C Yes r No Change only if needed. BIMS # Assigned 20200694 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Big Rockfish Creek Outfall 1a. Who is the Primary Contact?* Alex Aycrigg 1b. Primary Contact Email:* aaycrigg@fandr.com Date Submitted 5/26/2020 Nearest Body of Water Upchurches Pond Basin Cape Fear Water Classification B Site Coordinates Latitude: 34.955573 A. Processing Information County (or Counties) where the project is located: Cumberland Is this a NCDMS Project r Yes r No Longitude: -79.027572 Is this project a public transportation project?* r Yes r No 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) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington 1c. Primary Contact Phone:* (919)630-3330 L.1 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 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 12 - Utility Lines 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: F- 401 Water Quality Certification - Express 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 Big Rockfish Creek Outfall - Wetland SOA 05-21-2020.pdf Big Rockfish Creek Outfall DIMS Acceptance Letter.pdf 1 h. Is the 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? F 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: Fayetteville Public Works Commission 2b. Deed book and page no.: 2c. Responsible party: 2d.Address Street Address PO Box1089 Address Line 2 city Fayetteville Fbstal / Zip Code 28302 2e. Telephone Number: (919)630-3330 2g. Email Address:* joe.glass@faypwr.com State / Rovince / Fbgion NC Country USA 2f. Fax Number: 142.61 KB 295.33KB r Yes r No r Yes r No 3. Applicant Information (if different from owner) 3a. Name: Same as Owner 3b. Business Name: 3c.Address Street Address Same as Owner Address tine 2 City Fayetteville Postal / Zip Code 28302 3d. Telephone Number: (919)630-3330 3f. Email Address:* joe. g lass@faypwc.com 4. Agent/Consultant (if applicable) State / Rovince / legion NC Country USA 3e. Fax Number 4a. Name: Alex Aycrigg 4b. Business Name: F&R 4c.Address Street Address 310 Hubert Street Address tine 2 City State / Province / legion Raleigh NC Fbstal / Zip Code Country 27603 US 4d. Telephone Number: 4e. Fax Number: (919)630-3330 4f. Email Address:* aaycrigg@fandr.com Agent Authorization Letter* BRCO-Agent Authorization Form_101619.pdf 661.76KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Hope Mills 2. Project Identification 2a. Property Identification Number: various 2b. Property size: 2c. Project Address Street Address Address tine 2 City State / Province / Region Fbstal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Upchurches Pond 3b. Water Resources Classification of nearest receiving water:* B 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. 030300040607 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:* See included P&N. 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) Topo Map for PJD.pdf 5.87MB 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) Soil Map for PJD.pdf 5.5MB 4f. List the total estimated acreage of all existing wetlands on the property: 8.14 4g. List the total estimated linear feet of all existing streams on the property: 580 4h. Explain the purpose of the proposed project:* See Included P&N. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* See included P&N. 4j. Please upload project drawings for the proposed project. CAj - 2020.04.28_BRC0 Impact Maps Issued for Permitting_SEALED_PRINT.pdf 5.57MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r: Yes r No Comments: 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: PJD submitted with application 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): various Agency/Consultant Company: W.K. Dickson and F&R Other: 5d1. Jurisdictional determination upload ACOE JD Request (BRCO)v3.pdf 6. Future Project Plans 23.78MB r Unknown 6a. Is this a phased project?* r 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 projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary U 1a. Where are the impacts associated with your project? (check all that apply): FJ Wetlands fJ Streams -tributaries ❑ 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* W3 construction T Non -Tidal Freshwater Marsh W3 Corps 0.033 (acres) W3 easement P fferine Swamp Forest �W3 Yes Corps 0.088 (acres) W8 construction T Non -Tidal Freshwater Marsh �W8 Corps 0.245 (acres) W8 easement P Non -Tidal Freshwater Marsh W8 Corps 0.055 (acres) W20 construction T ffo mland Hardwood Forest W20 Corps 0.056 (acres) W20 easement P Riverine Swamp Forest W20 Yes Corps 0.022 (acres) W16 construction T Riverine Swamp Forest �Wl 6 No Corps 0.118 (acres) W16 easement P Riverine Swamp Forest W16 Yes Corps 0.018 (acres) W17 construction T Riverine Swamp Forest W17 Yes Corps 0.001 (acres) W18 construction T Non-Riverine Swamp Forest W18 No Corps 0.223 (acres) W18 easement P ffRiverine Swamp Forest W18 �N. Corps 0.046 (acres) W26 construction T Non-Riverine Swamp Forest W26 No Corps 0.031 (acres) W26 easement P ffRiverine Swamp Forest W26 No Corps 0.008 (acres) W27 construction ��T Non-Riverine Swamp Forest W27 Corps 0.005 (acres) W27 easement P ffRiverine Swamp Forest W27 Corps 0.001 (acres) W28 construction T EnRiverine Swamp Forest W28 Corps 0.001 (acres) W29 construction T ffRiverine Swamp Forest W29 Corps 0.022 (acres) W29 easement P Freshwater Marsh W29 F., No Corps 0.008 (acres) WC construction ��T ffRiverine Swamp Forest WC Corps 0.033 (acres) WC easement P ffRiverine Swamp Forest fc Corps 0.009 (acres) construction T ffRiverine Swamp Forest WB Corps 0.440 (acres) easement P ffRiverine Swamp Forest WB Corps 0. 006 (acres) W1 construction T ffRiverine Swamp Forest W1 No Corps 0.635 (acres) W1 easement P ffRiverine Swamp Forest W1 No Corps 0.109 (acres) W24 construction T ffRiverine Swamp Forest W24 No Corps 0.010 (acres) W24 easement P �ffRiverine Swamp Forest W24 No Corps 0.002 (acres) W25 construction T Non -Tidal Freshwater Marsh W25 No Corps 0. 220 (acres) W25 easement P Non -Tidal Freshwater Marsh W25 No Corps 0.002 (acres) W33 construction T Non-Riverine Swamp Forest W33 No __] Corps 0.090 (acres) W33 easement P Non-Riverine Swamp Forest W33 No Corps 0.027 (acres) W32 construction T ffRiverine Swamp Forest W32 No Corps 0.092 (acres) W32 easement P ffRiverine Swamp Forest W32 �Corps 0.027 (acres) W31 construction T ffRiverine Swamp Forest W31 �Corps 0.947 (acres) W31 easement P Non-Riverine Swamp Forest W31 Corps 0.332 (acres) WL30R construction T Non-Riverine Swamp Forest WL30R No Corps 0.172 (acres) W34 construction T Non-Riverine Swamp Forest W34 Corps 0.107 (acres) W34 easement P Non-Riverine Swamp Forest W34 Corps 0.074 (acres) W35 construction T Non -Tidal Freshwater Marsh W35 No Corps 0.880 (acres) W35 easement P Non -Tidal Freshwater Marsh W35 Corps 0.358 (acres) W2 construction T Non -Tidal Freshwater Marsh ��W2 No Corps 1.880 (acres) W2 easement7 P Non -Tidal Freshwater Marsh W2 No Corps 0.490 (acres) 2g. Total Temporary Wetland Impact 6.041 2g. Total Wetland Impact 7.823 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 1.782 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 crossingTem ora P ry Other S1 Perennial Both 6 52 Average (feet) (linearfeet) S2 crossingTem ora P ryAverage Other JS2 Perennial Both (feet) (linearfeet) S3 crossingTem orar P YAverage Other JS4 Perennial Both (feet) (lir�rfeet) S4 crossingTem orar P y Other S13A Perennial Both 16 51 Average (feet) (liriearfeet) S5 crossing Temporary Other S13B Intermittent Both 7Average 5( (feet) �rfeet) S6 crossingTem orar p y Other S5 Intermittent Both 2 47 Aver�e(feet) (linearfeet) S7 crossingTem orar P Y Other S6 Perennial Both 2 49 Average (feet) (lir�rfeet) gg crossing Temporary Other S7 Perennial Both 1Average �(inearfeet) (fee) S9 crossing Temporary Other S10 Intermittent Both 33 Average (feet) (lin�rfeet) S10 crossing Temporary Other S11 Intermittent Both 5Average(fee) 68n� fcet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 0 540 3i. Total stream and ditch impacts: 540 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: See included P&N 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See included P&N 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 2c. If yes, mitigation is required by (check all that apply): r DWR 9 Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Daniels Creek Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 1.79 Attach Receipt and/or letter E.3 Wetland SOA (Wildlands) 05-21-2020.pdf Big Rockfish Creek Outfall DMS Acceptance Letter.pdf 3c. Comments 1.79 approved by DMS, SOA from Wildlands is for 1.16. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) none 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 142.61 KB 295.33KB 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 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: Cape Fear 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 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r NA- project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: No impervious area proposed as part of project. No floodplain impacts. No SCMs required. 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 (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)? * r Yes r 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. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NA 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 C Unknown Se. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees 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 Sh. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. 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 51. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See included consultation. Consultation Documentation Upload C.Sj - 2018-02-16 Fish & Wildlife -Affected Species Big Rockfish.pdf 583.21 KB C.Sj 2020.04.02 ER-EID Review Comment Responses-BRCO.pdf 157.7KB C.Sj WRC Comments_ Cumberland_Fayetteville PWC Stewarts and Rockfish Creek Outfalls.pdf 115.66KB 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?* NHP 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?* See included SHPO. 7c. Historic or Prehistoric Information Upload ER 18-0126.pdf Rockfish Creek Draft Report -Arch _060719_WKD.pdf Rockfish Creek 2_Addendum.pdf 8. Flood Zone Designation (Corps Requirement) 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?* FEMAflood maps Miscellaneous Comments Miscellaneous attachments not previously requested. 59Y-0128 F1 Cover Letter.pdf G.8 Purpose and Need.pdf G.8 Seeding Specs - Native.pdf G.8 BRCO Impact Tables 5_26_20.pdf Signature * W By checking the box and signing below, I certify that: 96.06KB 3.12MB 10.94MB 693.72KB 647.55KB 520.49KB 67.48KB U • 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: Alex Aycrigg Signature G7/1XO/,-1tW Date 5/26/2020 Wildlands Holdings IV, LLC · Wildlands Engineering, Inc · 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Riparian Wetland Credit Statement of Availability Cape Fear 04 Watershed May 21, 2020 Mr. Joseph E. Glass PO Box 1089 Fayetteville, NC 28302 RE: Availability of Stream and Riparian Wetland Credits for the “Big Rockfish Creek Outfall” project Bank Name: Daniels Creek Umbrella Mitigation Bank Bank Sponsor: Wildlands Holdings IV, LLC USACE Action ID No. SAW-2017-00998 Permittee: Mr. Joseph E. Glass Riparian Wetland Credits Needed: 1.79 acres Riparian Wetland Credits Available: 1.16 acres Cape Fear 03030004 River Basin Dear Mr. Glass, Wildlands Holdings IV, LLC currently has sufficient Riparian Wetland credits from the Daniels Creek Umbrella Mitigation Bank to partially satisfy the mitigation requirements related to the above- mentioned project. The project is located within the Cape Fear HUC 03030004 watershed. This letter is simply a statement of availability of credits as of the date written. Although current inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30 days from the invoice at no cost. Final transfer of the credits will be made upon completion of the Mitigation Responsibility Transfer Form within the 404 permit approving the mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings IV, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at 205-807-0800 or ihazelhoff@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings IV, LLC · Wildlands Engineering, Inc · 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Sincerely, Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition ihazelhoff@wildlandseng.com O: (704) 332-7754 ex. 120 M: (205) 807-0800 Cc : Ms. Katie Merritt, NC Division of Water Resources (bi-annually) Mr. Alex Aycrigg, PWS, Froehling & Robertson, Inc. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 October 22, 2019 Bobby Southerlin Archaeological Consultants of the Carolinas 121 East First Street Clayton, NC 27520 RE: Addendum Archaeological Survey of the Rockfish Creek Outfall and Collector Alignment Corridors, Cumberland County, ER 18-0126 Dear Mr. Southerlin: Thank you for your letter of September 23, 2019, concerning the above-referenced undertaking. We have reviewed the materials submitted and offer the following comments. We received an abbreviated Addendum Phase I report from Archaeological Consultants of the Carolinas, Inc. (ACC) documenting an additional 32.8 km for the Rockfish Creek sewer corridor. One previously identified site (CD2208) was within the project area and determined not eligible. One new archaeological site (CD2211) was identified. Due to constraints of survey area, this site could not be fully delineated, and ACC recommends that the site should remain unassed until fully delineated; however, the portion within the project area is not eligible and no further work is recommended. We concur with ACC’s assessment and recommendations. 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, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos Deputy State Historic Preservation Officer Wildlands Holdings IV, LLC · Wildlands Engineering, Inc · 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Riparian Wetland Credit Statement of Availability Cape Fear 04 Watershed May 21, 2020 Mr. Joseph E. Glass PO Box 1089 Fayetteville, NC 28302 RE: Availability of Stream and Riparian Wetland Credits for the “Big Rockfish Creek Outfall” project Bank Name: Daniels Creek Umbrella Mitigation Bank Bank Sponsor: Wildlands Holdings IV, LLC USACE Action ID No. SAW-2017-00998 Permittee: Mr. Joseph E. Glass Riparian Wetland Credits Needed: 1.79 acres Riparian Wetland Credits Available: 1.16 acres Cape Fear 03030004 River Basin Dear Mr. Glass, Wildlands Holdings IV, LLC currently has sufficient Riparian Wetland credits from the Daniels Creek Umbrella Mitigation Bank to partially satisfy the mitigation requirements related to the above- mentioned project. The project is located within the Cape Fear HUC 03030004 watershed. This letter is simply a statement of availability of credits as of the date written. Although current inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30 days from the invoice at no cost. Final transfer of the credits will be made upon completion of the Mitigation Responsibility Transfer Form within the 404 permit approving the mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings IV, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at 205-807-0800 or ihazelhoff@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings IV, LLC · Wildlands Engineering, Inc · 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Sincerely, Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition ihazelhoff@wildlandseng.com O: (704) 332-7754 ex. 120 M: (205) 807-0800 Cc : Ms. Katie Merritt, NC Division of Water Resources (bi-annually) Mr. Alex Aycrigg, PWS, Froehling & Robertson, Inc. May 26, 2020 Joseph Glass Fayetteville Public Works Commission PO Box 1089 Fayetteville, NC 28302 Expiration of Acceptance: 11/26/2020 Project: Big Rockfish Creek Outfall County: Cumberland The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and bank credit availability and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Cape Fear 03030004 Riparian Wetland Up to 1.79 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Alex Aycrigg, agent May 26, 2020 Joseph Glass Fayetteville Public Works Commission PO Box 1089 Fayetteville, NC 28302 Expiration of Acceptance: 11/26/2020 Project: Big Rockfish Creek Outfall County: Cumberland The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and bank credit availability and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Cape Fear 03030004 Riparian Wetland Up to 1.79 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Alex Aycrigg, agent DARSWEIL L. ROGERS, COMMISSIONER MZVtf WADE R. FOWLER, JR., COMMISSIONER (�j 955 OLD WILMINGTON RD EVELYN 0. SHAW, COMMISSIONER P.O. BOX 1089 D. RALPH HUFF, III, COMMISSIONER H TILITY FAYETTEVILLE, NORTH CAROLINA 28302-1089 DAVID W. TREGO, CEO/GENERAL MANAGER TELEPHONE (910) 483A401 WWW,FAYPWC.COM October 16, 2019 United States Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: USACE Agent Authorization Letter Big Rockfish Creek Outfall Fayetteville Public Works Commission Proposed/Future Sewer Easement The undersigned, registered easement owners) of the above -noted future easement, do hereby authorize W.K. Dickson & Co. Inc. (WKD) and Froehling & Robertson, Inc. (F&R) to act on behalf of Fayetteville Public Works Commission as the agent for all actions necessary for the processing, issuance, and acceptance of permits or certifications pertaining to Waters of the United States at the above referenced project site. This agent authorization letter supersedes all previous agent authorizations; however, it does not provide authority for these agents to make compensatory payment and financial commitments on behalf of Fayetteville Public Works Commission. Easement Owner (Applicant) Signature: vAeAiA Printed Name: Jo ph E. Glass, Water Resources Engineering Manager Date: Organization: Fayetteville Public Works Commission Mailing Address: 955 Old Wilmington Road Fayetteville, NC 28301 Phone Number: (910) 223-4740 Very truly yours, �BLIC WORKS COMMISSION �1 0 seph E. Glass ater Resources Engineering Manager cc: Mark Fisher, WKD Ward Marotti, WKD Eli Ruhl, F&R BUILDING COMMUNITY CONNECTIONS SINCE 1905 AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER S4 S14 S8 S7 S13 S11 S2 S10 S14 S1 S5S6 S13 S3W2 W35 W31 W3 W18 W8 W1 W31 W1 W20 W8W32 W34 W1 W34W34 W31 W16 W10 W1 W21W12 W2 W31 W30 W11 W26 W9 W1 W15W14 W4 W1 W31 W1 W31 W1 NAD 1983 StatePlane North Carolina FIPS 3900 (Feet)Client:P ro ject:Lo ca t ion: F&R Project No.:D at a:Dat e: Big Rockfish Creek Outfall Sca le:1:20,400 1 inch = 1,700 feet FI G URENo.: Fayet teville PWC Fayet teville, NC US GS 1 :2 4,00 0 Topographic MapsMay 2020 0 600 1,200 1,800 2,400 3,000 3,600 4,200 4,800 5,400 6,000300Feet Big Rock fish Creek Outfall 66V-0262 FROEHLING & ROBERTSON, INC. 310 Hubert StreetRaleigh, North Carolina 27603-2302 I USAT 919.828.3441 I F 919.828.5751 Ü Disclaimer: F&R makes no warranties or guarantees regarding the accuracy orcompleteness of geographic features shown on this map. Spatial accuracy ofmeasurement provided by source agencies can be obtained by contacting F&R.Engineering Stability Since 1881 1 .0 Legend Connectors_01.04.19 Connectors_01_04_19_50ftbuffer Connectors_01_04_19_25ftbuffer Outfall_Alignment_01.04.19 Outfall_Alignment_01_04_19_100ft Outfall_Alignment_01_04_19_50ft Water_Edge_Line Stream Centerline Traced Wetlands Within Corridor Traced Streams Within Corridor Polygon Wetlands Within Corridor Wetland_GPS_Derived_Line CaB JT LbB W LaB WaB CaB LaB Ru BaD AuA CaB BaD JT CaB TR BaB Pa CaB BaB JT BaD LaB CaD CaB JT CaB TR CaB JT CaB JT W AuA VaD LaB CaB BaD BaB AuA VaD BaD TR JT AuA Mc JT NoA WaB BaD BaB BaD LaB AuA NoA JT Pa BaB GdB WaB JT AuA KaA VgE BaD CaB JT TR BaBPg VaD WaB BaD GdB W JT WaB W AuA BaB W Wo WaB TR CaB AuA W Ra BaD JT W AuA CaB WkB BaB Ra WaB LaB BaD W CaB St RaBaD Ra BaD BaB BaB W CaB WaB LaB WaB JT JT Pa BaD WaB LaB VaD LaB WaB PoB AuA CaB VgE JT VaD JT CaB PoB St VaD TR Ly GdB W Wo CaB BdB KaA NoA VgE GdB LaB WgB LaB VaD JT TR VaD Ra CaB JT WaB BaB BaB BaD LaB LaB TR BaD WaB Pa Pa Wo VaD JT Ra TR NoA PoB JT JT CaB WoWaB TR Pg GdB CaB Wo JT CaB AuA AuA Ly AuA W BrB CaB BaB Pa BaB TR WkB BaB LaB CaB KaA WaB KeA WaB Wo JT BaB JT NoA BaB TR NoA AuA BaB BaB BaB W BaD CaB NoB CaD CaB BaB GdB Wo WaB BaB W VaD WaB CaB BaD VaD BaD GdB JT BaB Wo Pg WaB JT Pa TR WaB W W W CaB Mc GdB WaB GoA LaB GdB KaA Pa GdB BaB CaB AuA WaB CaB WaB KaA Ud NoB Ra LaB W TR GoA LaB GdB GdB BaB BaB LaB BrB NoA CaB BaB BB BaD WkB CaD Ra TR NoA Wo Pa GdB TR AuA AuA GdB W GdB WaB Co Mc TR WgB GdB BaBNoA W LaB GdB CaB CaB BaD Pa NoA WaB WaB NoA GdB NoA BaB Ud BaB JT W W GdB NoA GdB BaB W LaB Wo PoB Ud BaD BaD CaD LaB AuA AuA CaB W CaD CaD BaD NoA Pa WkB BaB Wo W LaB BaD W NoA W W W WaB W GoA RaBaB WgB CaB NoA TR NoA CaB AuA AuA GdB BB W Ra LaB W Ru W JT W GdB BaB NoA LaB BaB WaB GdB Mc S4 S14 S8 S7 S13 S11 S2 S14 S1 S5S6 S13 S3W2 W35 W31 W3 W18 W8 W1 W31 W1 W20 W8W32 W34 W1 W34 W31 W16 W29 W10 W1 W21W12 W2 W31 W30 W11 W9 W1 W15W14 W4 W1 W31 W1 W31 W1 NC Center for Geographic Information & Anaylsis NAD 1983 StatePlane North Carolina FIPS 3900 (Feet)Client:P ro ject:Lo ca t ion: F&R Project No.:D at a:Dat e: Big Rockfish Creek Outfall Sca le:1:20,400 1 inch = 1,700 feet FI G URENo.: Fayet teville PWC Fayet teville, NC Cumb erlan d Cou nty Ort hoima gery; U SDA N RCS So il Su rvey Spatial and Tabular Data (SSURGO 2.2)May 2020 0 600 1,200 1,800 2,400 3,000 3,600 4,200 4,800 5,400 6,000300Feet Big Rock fish Creek Outfall 66V-0262 FROEHLING & ROBERTSON, INC. 310 Hubert StreetRaleigh, North Carolina 27603-2302 I USAT 919.828.3441 I F 919.828.5751 Ü Disclaimer: F&R makes no warranties or guarantees regarding the accuracy orcompleteness of geographic features shown on this map. Spatial accuracy ofmeasurement provided by source agencies can be obtained by contacting F&R.Engineering Stability Since 1881 1 .0 Legend Connectors_01.04.19 Connectors_01_04_19_50ftbuffer Connectors_01_04_19_25ftbuffer Outfall_Alignment_01.04.19 Outfall_Alignment_01_04_19_100ft Outfall_Alignment_01_04_19_50ft Water_Edge_Line Stream Centerline Traced Wetlands Within Corridor Traced Streams Within Corridor Polygon Wetlands Within Corridor Wetland_GPS_Derived_Line