HomeMy WebLinkAbout20190049 Ver 1_401 Application_20201209DWR
Dlrlslon 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
20190049
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Erin Davis:eads\ebdavis
Information for Initial Review
1a. Name of project:
Carpenter Bottom Mitigation Site
1a. Who is the Primary Contact?*
Lin Xu
1b. Primary Contact Email:*
lin.xu@ncdenr.gov
Date Submitted
2/5/2021
Nearest Body of Water
Beaverdam Creek
Basin
Catawba
Water Classification
WS-IV
Site Coordinates
Latitude:
35.410705
A. Processing Information
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
r Yes r No
Longitude:
-81.260321
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
Reviewing Office*
Central Office - (919) 707-9000
1c. Primary Contact Phone:*
(919)707-8319
V
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
27 - Restoration
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 - E)press
r 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. 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?
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:
Joyce McGraw
2b. Deed book and page no.:
DB 2333, 597 PG 528, 757
2c. Responsible party:
2d.Address
Street Address
2375 Gaston-Webbs Chapel Road
Address tine 2
city
Lincolmon
Postal / Zip Code
28092
2e. Telephone Number:
(704)735-5497
2g. Email Address:*
joycecmccraw@bellsouth.net
2a. Name(s) on recorded deed:
Brian O'Neil Bumgarner and Cheryl M. Bumgarner
State / Province / legion
North Carolina
Country
United States
2f. Fax Number:
r Yes r No
r Yes r No
2b. Deed book and page no.:
DB 4786 PG 171
2c. Responsible party:
2d.Address
Street Address
2413 Gaston Webbs Chapel Road
Address Line 2
City
Lincolnton
Postal / Zip Code
28092
2e. Telephone Number:
(704)530-1807
2g. Email Address:*
lfuaybum@gmail.com
2a. Name(s) on recorded deed:
Lucille Mauney and Dalton Mauney
2b. Deed book and page no.:
DB 2333 PG 534
2c. Responsible party
2d.Address
Street Address
Route 2, Box 654
Address Line 2
city
Bessemer City
Postal / Zip Code
28016
2e. Telephone Number:
(865)207-8835
2g. Email Address:*
eneuhaus@Wldlandseng.com
2a. Name(s) on recorded deed:
Annette Poole
2b. Deed book and page no.:
DB 2333 PG 531
2c. Responsible party
2d.Address
Street Address
2447 Gaston-Webbs Chapel Road
Address Line 2
City
Lincolnton
Postal / Zip Code
28092
2e. Telephone Number:
(865)207-8835
2g. Email Address:*
apoole1 @charter. net
2a. Name(s) on recorded deed:
Wade Carpenter and Diane Carpenter
2b. Deed book and page no.:
DB 2333 PG 522
2c. Responsible party
2d.Address
State / Province / Pagion
North Carolina
Country
Untied States
2f. Fax Number:
State / Province / legion
North Carolina
Country
United States
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
2f. Fax Number
Street Address
2230 Gaston Webbs Chapel Road
Address Line 2
City
State / Province / Region
Lincolnton
North Carolina
Postal / Zip (2de
Country
28092
United States
2e. Telephone Number:
2f. Fax Number:
(980)429-0678
2g. Email Address:*
wadec1721@aol.com
2a. Name(s) on recorded deed:
Patricia Chapman and Gerald Chapman
2b. Deed book and page no.:
DB 853 PG 758
2c. Responsible party
2d.Address
Street Address
2248 Gaston Webbs Chapel Road
Address Line 2
City
Slate / Province / Region
Lincolnton
North Carolina
Postal / Zip Code
Country
28092
United States
2e. Telephone Number:
2f. Fax Number:
(704)736-7459
2g. Email Address:*
eneuhaus@Wldlandseng.com
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NCDEQ - DIMS
3c.Address
Street Address
217 West Jones Street
Address Line 2
Suite 3000A
City
State / Province / legion
Raleigh
North Carolina
Postal / Zip Code
Country
27603
United States
3d. Telephone Number:
3e. Fax Number:
(919)707-8319
3f. Email Address:*
lin.xu@ncdenr.gov
4. Agent/Consultant (if applicable)
4a. Name:
Eric Neuhaus
4b. Business Name:
Wildlands Engineering, Inc.
4c.Address
Street Address
167-B Haywood Road
Address tine 2
city
Asheville
Postal / Zip Code
28806
4d. Telephone Number:
(865)207-8835
4f. Email Address:*
eneuhaus@Wldlandseng.com
Agent Authorization Letter*
Agent Authorization forms.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(i appropriate)
1c. Nearest municipality / town:
Lincolnton
2. Project Identification
2a. Property Identification Number:
3621-72-0270, 3621-62-9805, 3621-62-6176,
3621-61-2994, 3621-61-8033, 3621-70-1117,
3621-72-4597
2c. Project Address
Street Address
Gaston Webb Chapel Road (no address assigned)
Address tine 2
city
Lincolnton
Postal / Zip Code
28092
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Beaverdam Creek
3b. Water Resources Classification of nearest receiving water:*
WS-N
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020503
4. Project Description and History
State / Province / Rion
North Carolina
Country
United States
4e. Fax Number:
2b. Property size:
20 - Assessment Area
Slate / Prmince / Pagion
North Carolina
Country
United States
1.14MB
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The project area is located within a rural watershed in Gaston County, NC. Land use in and immediately adjacent to the project area consists of agriculture, pasture, forest, and rural.
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)
CP_Topo_Map.pdf 1.91 MB
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)
Soils_Aerial.pdf 4.73MB
4f. List the total estimated acreage of all existing wetlands on the property:
4.341
4g. List the total estimated linear feet of all existing streams on the property:
3,370
4h. Explain the purpose of the proposed project:*
The project proposes to restore and preserve 5 unnamed tributaries to Beaverdam Creek and to re-establish and rehabilitate wetlands. For this project, unnamed tributaries are
referred to as Carpenter Branch, L T1, UT2, UT3, and UF4. The project is located within the Catawba River Basin 03050102 and will generate stream and wetland mitigation credits for
the 03050103 expanded service area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project proposes approximately 3,024 LF of stream restoration, 477 LF of Enhancement III, 5.7 acres of wetland re-establishment, and 3.9 acres of wetland rehabilitation. Stream
restoration will be achieved through natural channel design. Stream restoration activities include Priority 1 and Priority 2 approaches. Priority 1 restoration will involve the excavation of
new channels within existing floodplain and Priority 2 sections of channel will be constructed where needed to transition grade from existing to proposed elevations. Both approaches will
include the installation of in -stream structures including constructed riffles, rock toe, brush toe, log j-hooks, and double log drops. Wetland re-establishment and rehabilitation will be
achieved through a combination of floodplain excavation and filling of existing ditches. Post -construction the project area will be planted with native riparian buffer and wetland species.
Excavators will be used for channel and floodplain excavation as well as for bank grading, while articulated and track trucks will be used for hauling soil. Small equipment such as mini
excavators and skid steers may also be used during grading activities. A conservation easement has been recorded on the project area.
4j. Please upload project drawings for the proposed project.
Capenter Bottom Combined PCN.pdf 11.49MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r Yes r No O Unknown
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:
SAW-2018-02062
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kristi Suggs & Ian Eckardt
Agency/Consultant Company: Wildlands Engineering, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
May 20, 2020
The Preliminary Jurisdictional determination is included in Appendix 3 of the Mitigation Plan
SM. Jurisdictional determination upload
6. Future Project Plans
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 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
W1
W2
2a1 Reason (?)
Road
Naturalization/Access
Floodplain Grading
2b. Impact type * M
T
T
2c. Type of W.*
Headwater Forest
Headwater Forest
2d. W. name *
Wetland A
Wetland B
2e. Forested *
Yes
Yes
2f. Type of
Jurisdicition*(?)
Both -]
Both
2g. Impact
area*
0.007
(acres)
0.012
(acres)
W3
Conversion to Stream
Resource
P
Headwater Forest
Wetland C
��Both
]0.001
(acres)
W4
Floodplain Grading
T
Headwater Forest
Wetland C
No
Both
0.012
(acres)
WS
Floodplain Grading
T
Headwater Forest
Wetland D
Yes
Both
0.011
(acres)
W6
Fill, Floodplain Grading
P
Headwater Forest
Wetland E
Yes
Both
0.001
(acres)
Road Naturalization and
T
Headwater Forest
Wetland F
Both
0.009
Floodplain Grading
(acres)
W8
Construction Access,
T
Headwater Forest
Wetland H
Yes
Both
0.150
Floodplain Grading
(acres)
W9
Fill Ditch
P
Headwater Forest
Wetland H
Yes
Both
0.012
(acres)
W10
Construction Access, IT
Headwater Forest
Wetland I
Yes
Both
0.332
Floodplain Grading
(acres)
W11
Conversion to Stream 1P
Headwater Forest
Wetland I
Yes
Both
0.031
Resource
(acres)
W12
Fill, Floodplain Grading
P
Headwater Forest
Wetland J
Yes
Both
0.011
(acres)
W13
Construction Access
T
Headwater Forest
Wetland K
Yes
Both
0.007
and minor grading
(acres)
W14
Conversion to Stream
P
Headwater Forest
Wetland L
Yes
Both
0.004
Resource
(acres)
W15
Floodplain Grading
T
Headwater Forest
Wetland L
Yes
Both
0.015
(acres)
W16
Construction Access
T
Headwater Forest
Wetland M
Both
0.139
and minor grading
(acres)
W17
Fill Ditch 1p
Headwater Forest
Wetland M
No
Both
0.237
(acres)
W18
Construction Access,
T
Headwater Forest
Wetland N
Both
2.143
Minor Grading
(acres)
W19
Fill Ditch
P
Headwater Forest
Wetland N
No
Both
0.224
(acres)
2g. Total Temporary Wetland Impact
2.837
2g. Total Wetland Impact
3.358
2g. Total Permanent Wetland Impact
0.521
2h. Comments:
Impacts to wetlands are needed to conduct mitigation activities and will result in an increase in resource function.
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
Relocation
Car enter Branch
P
Intermittent
Both
10
376
Average (feet)
(linearfcet)
S2
Stream Restoration
Permanent
Relocation
Carpenter Branch
P
Perennial
Both
10
1,707
Average (feet)
(linearfeet)
S3
Stream Restoration
Permanent
Relocation
LJT1
Intermittent
Both
5
123
Average (feet)
(lir�rfeet)
�
Stream Restoration
Permanent
Relocation
UT2
Perennial
Both
6
245
Average (feet)
(linearfeet)
S5
Stream Restoration
Permanent
Relocation
JT3
Perennial
Both
5
387
Average (feet)
(linear feet)
S6
Stream Restoration
Tem orar
P Y
Stabilization
UT4
Perennial
Both
5
20
Average (feet)
(linearfeet)
S7
Stream Restoration
Permanent
Relocation
UT4
Perennial
Both
5
41
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
2,879
31. Total temporary stream impacts:
20
31. Total stream and ditch impacts:
1193
3j. Comments:
Impacts are restoration and stabilization activities that will result in an increase in resource function. Please not that the total stream and ditch impacts
should be 2.899 LF. 3i on the form calculates the total stream and ditch impacts incorrectly.
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:
Due to the nature of mitigation projects, impacts to on -site streams and wetlands are necessary. The project will use natural channel design
techniques throughout to have an overall positive impact by restoring stream function and habitat, by improving bed features in the streams and by re-
establishing flood storage and connectivity.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Project Construction will be done in the dry as much as possible through offline construction in areas of Priority 1 restoration and pumping around
when working in existing online channels. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeding, and
planted with native riparian species. Construction activities will follow the guidelines outlined in the NC Erosion and Sediment Control Planning and
Design Manual. See plans for additional avoidance measures used to minimize impacts to streams and wetlands.
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:
Compensatory mitigation is not required for aquatic habitat restoration related activities authorized under the Nationwide 27, since these activities must result in a net increases in
aquatic resource functions and services.
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:
The project is located within the Catawba River Basin, which is not part of the NC Riparian Buffer Protection Rules.
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
Comments:
This project involves the restoration and preservation of on -site jurisdictional features and will not result in an increase in impervious area. Therefore, this is not applicable to the
project.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA /SEPA)? *
r Yes r No
1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?*
r Yes r No
NEPAor SEPA Final Approval Letter
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 21-1.1300), 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 f• 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?*
rYes r Nor WA
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.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. 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
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
See the approved Categorical Exclusion Document in the Mitigation Plan for additional information. Approximately 1.24 acres of forested land will be
cleared during the construction.
Consultation Documentation Upload
Pages from Carpenter Bottom Categorical Exclusion Final Signed.pdf 631.89KB
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?*
See the approved Categorical Exclusion Document in the Mitigation Plan for additional information.
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 the approved Categorical Exclusion Document in the Mitigation Plan for additional information.
7c. Historic or Prehistoric Information Upload
Pages from Carpenter Bottom Categorical Exclusion Final Signed.pdf 631.89KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes O No
8c. What source(s) did you use to make the floodplain determination?*
Gaston County, NC Firm Panels 371036200J, 3710362100J effective on 9-28-2007
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Approval Letter_ Carpenter Bottom_SAW-2018-02062.pdf 211.98KB
CarpenterBottom_100090_IMP _2020.pdf 26.96MB
CarpenterBottom401 FeeMemo.pdf 337.23KB
Signature Page _ePCN_Carpenter _Bottom.pdf 183.4KB
Signature u
® 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:
Lin Xu
Signature
Full Name (Co -Signor)*
Eric Neuhaus
Co -Signor Signature*
Date
12/9/2020
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
DATE:
NORTH CAROLINA
Environmental Quality
Debby Davis
Lin Xu LX
Payment of Permit Fee
401 Permit Application
February 5, 2021
The Division of Mitigation Services (DMS) is implementing a mitigation project
for Carpenter Bottom Mitigation Site Mitigation Project in Gaston County (DMS IMS #
100090). The activities associated with this restoration project involve stream
restoration related temporary stream and wetland impact. To conduct these
activities, the DMS must submit a Pre -construction Notification (PCN) Form to the
Division of Water Resources (DWR) for review and approval. The DWR assesses a
fee of $570.00 for this review.
Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR
as payment for this review. If you have any questions concerning this matter I can
be reached at 919-707-8319. Thanks for your assistance.
cc: Erin Davis, DWR
NORTHCAROLINAD_E Q�I
Deparhnent of Environmental Quality
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Boob: 4786 Page: 0171 County: Gaston
Parcel ID Number: 3621-62-6176
Street Address: Gaston Webb Chapel Road, Lincolnton, NC
Property Owner (please print): Brian O'Neil Bumgarner and Cheryl M. Bumgarner
Property Owner (please print):
The undersigned, registered property owner(s) 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 US Army Corps of
Engineers, to visit the property as Part of these environmental reviews.
Property Owners(s) Address: Brian O'Neil Bumgarner and Cheryl M. Bumgarner
(if different from above)
Property Owner Telephone Number: 10 7� V�� I go r7
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
(Property Owner AuthOized Signature) (Date)
e)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 2333 Page: 0522 County: Gaston
Parcel ID Number: 3621-70-1117
Street Address: Webbs Chapel Road, Lincolnton, NC
Property Owner (please print): Wade Carpenter, Jr. and Diane Carpenter
Property Owner (please print):
The undersigned, registered property owner(s) 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 US 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:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
_ 1T
(Property Owner A4ithorized Signature) (Date)
:e)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 853 Page: 758 County: Lincoln
Parcel ID Number: 3621724597
Street Address: Gaston Webbs Chapel Road, Lincolnton NC 28092
Property Owner (please print): Gerald Thomas Chapman
Property Owner (please print): Patricia Carpenter Chapman
The undersigned, registered property owner(s) 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 US 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: '76 �- ZTi - 7 V r2! 7o �/ ?JY-- 1�o vJ
Property Owner Telephone Number: r7o �- 7 `Ta - 0 S 12
We hereby certify the above information to be true and accurate to the best of our knowledge.
Owner Authorized
Owner Authorized Signature)
R EA
(Date)
(Date)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Boob: 2333 Page: 0534 County: Gaston
Parcel ID Number: 3621-61-2994
Street Address: Gaston Webbs Chapel Road, Lincolnton, NC
Property Owner (please print): Lucille and Dalton Manney
Property Owner (please
The undersigned, registered property owner(s) 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 US 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:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
Owner Authorized SLtnature) (Date)
(Property Owner Authofzed Signature) (Date)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION: PIN: 3621-62-8677 & 3621-72-0270
Deed Boom: 2333 Page: 0528 County: Gaston
Parcel ID Number:157540
Street Address: Gaston Webbs Chapel Road
Property Owner (please print): Joyce aiUERift McCraw
Property Owner (please print):
The undersigned, registered property owner(s) 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 US Army Corps of
Engineers, to visit the property as part of these environmental reviews.
Property Owners(s) Address: 2375 Gaston Webbs Chapel Road, Lineolnton, NC 28092
(if different from above)
Property Owner Telephone Number:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
Owner Authorized Signature)
(Date)
(Property Owner Authorized Signature) (Date)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 2333 Page: 0531 County: Gaston
Parcel ID Number: 3621-61-8033
Street Address: Gaston Webbs Chapel Road, Lincolnton, NC
Property Owner (please print): Annette
Property Owner (please print):
The undersigned, registered property owner(s) 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 US 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:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
(Property Owner Authorized Signature) (Date)
(Property Owner Authorized Signature) (Date)
.■ , • • ,
Assessment Area lank ,� e :
,, •
O Site Lat/Long Location
Q► i _ -
--� ax �r
l Of �' \V►
Sta
A
/6 AP.,
u ,
Site Coordinates: (35.410705,-81.260321)
GASTON r ti quo 1
i on
f 4.
HBfi `
Park
Nl-
IL
w •�
�► WILDLANDS 0
E N G I N E E R I N G L
USGS Topographic Map
800 1,600 Feet Carpenter Bottom Mitigation Site
, , I Catawba River Basin 03050102
(Expanded Service Area - Catawba 03050103)
Gaston County, NC
Soils Map
W I L D L A N D S 0 250 500 Feet Carpenter Bottom Mitigation Site
E N G I N E E R I N G I i i i I Catawba River Basin 03050102
(Expanded Service Area - Catawba 03050103)
Gaston County, NC
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Boob: 4786 Page: 0171 County: Gaston
Parcel ID Number: 3621-62-6176
Street Address: Gaston Webb Chapel Road, Lincolnton, NC
Property Owner (please print): Brian O'Neil Bumgarner and Cheryl M. Bumgarner
Property Owner (please print):
The undersigned, registered property owner(s) 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 US Army Corps of
Engineers, to visit the property as Part of these environmental reviews.
Property Owners(s) Address: Brian O'Neil Bumgarner and Cheryl M. Bumgarner
(if different from above)
Property Owner Telephone Number: 10 7� V�� I go r7
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
(Property Owner AuthOized Signature) (Date)
e)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 2333 Page: 0522 County: Gaston
Parcel ID Number: 3621-70-1117
Street Address: Webbs Chapel Road, Lincolnton, NC
Property Owner (please print): Wade Carpenter, Jr. and Diane Carpenter
Property Owner (please print):
The undersigned, registered property owner(s) 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 US 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:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
_ 1T
(Property Owner A4ithorized Signature) (Date)
:e)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 853 Page: 758 County: Lincoln
Parcel ID Number: 3621724597
Street Address: Gaston Webbs Chapel Road, Lincolnton NC 28092
Property Owner (please print): Gerald Thomas Chapman
Property Owner (please print): Patricia Carpenter Chapman
The undersigned, registered property owner(s) 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 US 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: '76 �- ZTi - 7 V r2! 7o �/ ?JY-- 1�o vJ
Property Owner Telephone Number: r7o �- 7 `Ta - 0 S 12
We hereby certify the above information to be true and accurate to the best of our knowledge.
Owner Authorized
Owner Authorized Signature)
R EA
(Date)
(Date)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Boob: 2333 Page: 0534 County: Gaston
Parcel ID Number: 3621-61-2994
Street Address: Gaston Webbs Chapel Road, Lincolnton, NC
Property Owner (please print): Lucille and Dalton Manney
Property Owner (please
The undersigned, registered property owner(s) 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 US 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:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
Owner Authorized SLtnature) (Date)
(Property Owner Authofzed Signature) (Date)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION: PIN: 3621-62-8692 & 3621-72-0270
Deed Boom: 2333 Page: 0528 County: Gaston
Parcel ID Number:157540
Street Address: Gaston Webbs Chapel Road
Property Owner (please print): Joyce aiUERift McCraw
Property Owner (please print):
The undersigned, registered property owner(s) 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 US Army Corps of
Engineers, to visit the property as part of these environmental reviews.
Property Owners(s) Address: 2375 Gaston Webbs Chapel Road, Lineolnton, NC 28092
(if different from above)
Property Owner Telephone Number:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
Owner Authorized Signature)
(Date)
(Property Owner Authorized Signature) (Date)
LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 2333 Page: 0531 County: Gaston
Parcel ID Number: 3621-61-8033
Street Address: Gaston Webbs Chapel Road, Lincolnton, NC
Property Owner (please print): Annette
Property Owner (please print):
The undersigned, registered property owner(s) 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 US 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:
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
(Property Owner Authorized Signature) (Date)
(Property Owner Authorized Signature) (Date)
Figure 1 Overview - Jurisdictional Impacts
vl W I L D L A N D S 0 250 500 Feet Carpenter Bottom Mitigation Site
E N G I N E E R I N G I I I I I Catawba River Basin 03050102
(Expanded Service Area - Catawba 03050103)
Gaston County, NC
AAF
`+t.
Wetland L
W75: Temporary - 0.015 AC
Wetland L
W74: Permanent - 0.004 AC
UT3
S5. Permanent
AMU
W71: Permanent - 0.031 AC
Carpenter Branch
S1. Permanent - 376 LF
Carpenter Branch
S2: PeImanenfigall,707 LF
_ Assessment Area
Q Project Parcels
® Existing Wetlands
Wetland Impacts (W#) �.
Permanent
Temporary
Project Streams
Intermittent
Perennial �. �+►� '`� -
Non -project Streams = ,y
Stream Impacts (S#)
Permanent -�
Temporary
q
, WILDLANDS
ENGINEERING
W..etlandlM'
0 125 250 Feet
I I I
Wetland I M
W16: Temporary - 0.139 AC
Wetland 1 H
W9: Permanent - 0.012 AC
Wetland H
8: Temporary - 0.150 AC
0
o �
a 4" .
milt=1-II�IQ b+ Y .
Wetland F
7: Temporary - 0.009
UT7
53: Permanent - 12.3 LF
Figure 1.1 Jurisdictional Impacts
Carpenter Bottom Mitigation Site
Catawba River Basin 03050102
(Expanded Service Area - Catawba 03050103)
Gaston County, NC
UT4
S6• Tempo_ rar'y
UT4
5�7: Temporary
Wetland D
W.:5_Tre`porar - O.Q11 ACC
0
r Assesment Area
Q Project Parcels
® Existing Wetlands
Wetland Impacts (W#)
Permanent
Temporary
Project Streams
Intermittent
Perennial
Non -project Streams
Stream Impacts (S#)
Permanent
Temporary
o @.M L20
Q
00C
Pe
i k
J.-
` : w Carpenter Branch
S2: Permanent - 1,707 LF
Wetland C
W4: Temporary - 0.012 AC
' �` Wetland C
W3, Permanent
(Not Visible On Map)
Wetland A
W7: Temporary - 0.007 AC
1060
1. `, W I L D L A N D S 0 100 200 Feet
E N G I N E E R I N G
4
Figure 1.2 Jurisdictional Impacts
Carpenter Bottom Mitigation Site
Catawba River Basin 03050102
(Expanded Service Area - Catawba 03050103)
Gaston County, NC
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 2
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part
1: General Project Information
Project Name:
Carpenter Bottom Mitigation Site
Count Name:
Gaston County
DMS Number:
100090
Project Sponsor:
Wldlands Engineering, Inc.
Project Contact Name:
Andrea Eckardt
Project Contact Address:
1430 S. Mint Street, Suite 104, Charlotte, NC 26203
Project Contact E-mail:
aeckardt@wildlandseng.com
DMS Project Manager: Matthew Reid
Proiect Description
The Carpenter Bottom Mitigation Site is located in Gaston County, NC approximately 4.1 miles south of the City of
Uncolnton and just south of the Gaston County/Lincoln County border. The project includes wetland restoration
along with the restoration and preservation of Carpenter's Branch and several unnamed tributaries. Proposed
mitigation areas are currently active cattle and hay pasture with limited forested canopy. The project will provide
3,229 stream credits and 8.2 riparian wetland credits to the Division of Mitigation Services in the Catawba River
Basin (03050103 expanded service area).
For Official Use Only
Reviewed By:
Date DMS Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
Sect— (�-12— I q
Date For Division Administrator
FHWA
Part 2: All
Regulation/Question Response
Coastal Zone Management Act CZMA
1. Is the project located in a CAMA county?
❑ Yes
0 No
2. Does the project involve ground -disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
❑ No
N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
❑ N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
N/A
Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA
1. Is this a "full -delivery" project?
Ell Yes
❑ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
❑ Yes
designated as commercial or industrial?
✓❑ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
❑✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within or adjacent to the project area?
❑
No
✓❑
N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within the project area?
❑
No
❑✓
N/A
6. Is there an approved hazardous mitigation plan?
❑
Yes
❑
No
❑✓
N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
❑ Yes
Historic Places in the project area?
❑✓ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
❑✓ N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
✓❑ N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform
Act
1. Is this a "full -delivery" project?
✓❑ Yes
❑ No
2. Does the project require the acquisition of real estate?
❑✓ Yes
❑ No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
✓❑ No
❑ N/A
4. Has the owner of the property been informed:
✓❑ Yes
* prior to making an offer that the agency does not have condemnation authority; and
❑ No
* what the fair market value is believed to be?
❑ N/A
3: Ground -Disturbing Activities
Regulation/QuestionPart
..
American Indian Reliciious Freedom Act AIRFA
1.
Is the project located in a county claimed as "territory" by the Eastern Band of
❑✓ Yes
Cherokee
Indians?
❑ No
2.
Is the site of religious importance to American Indians?
❑ Yes
❑✓ No
❑ N/A
3.
Is the project listed on, or eligible for listing on, the National Register of Historic
❑ Yes
Places?
❑ No
✓❑ N/A
4.
Have the effects of the project on this site been considered?
❑ Yes
❑ No
❑✓ N/A
Antiquities Act AA
1.
Is the project located on Federal lands?
❑ Yes
❑✓ No
2.
Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
❑ Yes
of antiquity?
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓❑ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Archaeological Resources Protection Act ARPA
1.
Is the project located on federal or Indian lands (reservation)?
❑ Yes
✓❑ No
2.
Will there be a loss or destruction of archaeological resources?
❑ Yes
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
❑✓ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Endangered Species Act ESA
1.
Are federal Threatened and Endangered species and/or Designated Critical Habitat
❑✓ Yes
listed for the county?
❑ No
2.
Is Designated Critical Habitat or suitable habitat present for listed species?
✓❑ Yes
❑ No
❑ N/A
3.
Are T&E species present or is the project being conducted in Designated Critical
❑ Yes
Habitat?
❑✓ No
❑ N/A
4.
Is the project "likely to adversely affect" the species and/or "likely to adversely modify"
❑ Yes
Designated Critical Habitat?
❑ No
❑✓ N/A
5.
Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
❑✓ N/A
6.
Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
❑✓ N/A
Executive Order 13007 Indian Sacred Sites
1.
Is the project located on Federal lands that are within a county claimed as "territory"
❑ Yes
by
the EBCI?
❑✓ No
2.
Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
✓❑ N/A
3.
Have accommodations been made for access to and ceremonial use of Indian sacred
❑ Yes
sites?
❑ No
❑✓ N/A
Farmland Protection Policy Act FPPA
1.
Will real estate be acquired?
❑✓ Yes
❑ No
2.
Has NRCS determined that the project contains prime, unique, statewide or locally
❑✓ Yes
important farmland?
❑ No
❑ N/A
3.
Has the completed Form AD-1006 been submitted to NRCS?
❑✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act FWCA
1.
Will the project impound, divert, channel deepen, or otherwise control/modify any
❑✓ Yes
water body?
❑ No
2.
Have the USFWS and the NCWRC been consulted?
❑✓ Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act Section 6 f
1.
Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
0 No
2.
Has the NPS approved of the conversion?
❑ Yes
❑ No
0 N/A
Macinuson-Stevens Fishery Conservation and Manaciement Act Essential Fish
Habitat
1.
Is the project located in an estuarine system?
❑ Yes
✓❑ No
2.
Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
0 N/A
3.
Is sufficient design information available to make a determination of the effect of the
❑ Yes
project on EFH?
❑ No
❑✓ N/A
4.
Will the project adversely affect EFH?
❑ Yes
❑ No
0 N/A
5.
Has consultation with NOAA-Fisheries occurred?
❑ Yes
❑ No
0 N/A
Migratory Bird Treat Act MBTA
1.
Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
0 No
2.
Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
0 N/A
Wilderness Act
1.
Is the project in a Wilderness area?
❑ Yes
0 No
2.
Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal
agency?
❑ No
❑✓ N/A
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-02062 County: Gaston U.S.G.S. Quad: NC- Lincolnton
West
NOTIFICATION OF JURISDICTIONAL DETER-MNATION
Requestor: Kristi Suggs
Address: 1430 S. Mint Street #104
Charlotte, NC 28203
Telephone Number: 704-332-7754 ext 110
E-mail: ksuggs(&wildlandseng.com
Size (acres) 20 Nearest Town Lincolnton
Nearest Waterway Beaverdam Creek River Basin Santee
USGS HUC 03050102 Coordinates Latitude: 35.410705
Longitude:-81.260321
Location description: The review area is located 0.211 miles Gaston-Webbs Chanel Road and Huffstetler Lane in Gaston
County. PIN(s): 3621-62-8677, 3621-72-0270, 3621724534, 3621-70-1117, 3621-62-6176, & 3621-61-2994..
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/12/2020. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
SAW-2020-02062
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or
C atherine.M.Janiczaknn ,,u sace. armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 05/20/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: i�
Date of JD: 05/20/2020 Expiration Date of JD: Not applicable
SAW-2020-02062
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
For
REQUEST FOR APPEAL
Applicant: 1jr1S11 a s File Number: SAW-2018-02062
Date: 05/20/2020
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.anny.mil/Missions/CivilWorks/RegulatoiyProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 05/20/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kristi Suggs, 1430 S. Mint Street
#104,Charlotte, NC 28203
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Carpenter Bottom PJD,
SAW-2018-02062
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.211
miles Gaston-Webbs Chapel Road and Huffstetler Lane in Gaston County. PIN(s): 3621-62-8677, 3621-72-0270,
3621724534, 3621-70-1117, 3621-62-6176, & 3621-61-2994..
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Lincolnton
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.410705 Longitude:-81.260321
Universal Transverse Mercator:
Name of nearest waterbody: Beaverdam Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 05/20/2020
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount
Geographic authority
Site Number
Latitude
Longitude
of aquatic resources
Type of aquatic
to which the aquatic
(decimal
(decimal
in review area
resources (i.e.,
resource "may be"
wetland vs. non -
degrees)
degrees)
(acreage and linear
subject (i.e., Section
feet, if applicable
wetland waters)
404 or Section 10/404)
1.) Carpenter Branch
Non -wetland
(Perennial)
35.408603
-81.259961
2,176 LF
waters
Section 404
2.) Carpenter Branch
Non -wetland
35.409587
-81.260431
376 LF
Section 404
(Intermittent)
waters
Non -wetland
3.) UT1
35.407605
-81.259788
123 LF
Section 404
waters
Non -wetland
4.) UT2
35.409336
-81.260015
245 LF
Section 404
waters
Non -Wetland
5.) UT3
35.409270
-81.260510
387 LF
Section 404
Waters
Non -Wetland
6.) UT4
35.407494
-81.260019
61 LF
Section 404
Waters
9.) Wetland A
35.404910
-81.258531
0.07
Wetland waters
Section 404
10.) Wetland B
35.406346
-81.259584
0.01
Wetland waters
Section 404
11.) Wetland C
35.405102
-81.259098
0.01
Wetland waters
Section 404
12.) Wetland D
35.406650
-81.259826
0.01
wetland waters
Section 404
13.) Wetland E
35.407647
-81.259794
0.001
Wetland waters
Section 404
Estimated amount
Geographic authority
Site Number
Latitude
Longitude
of aquatic resources
Type of aquatic
to which the aquatic
(decimal
(decimal
in review area
resources (i.e.,
resource "may be"
wetland vs. non -
degrees)
degrees)
(acreage and linear
subject (i.e., Section
feet, if applicable
wetland waters)
404 or Section 10/404)
14.) Wetland F
35.435084
-81.259752
0.07
Wetland waters
Section 404
15.) Wetland G
35.408871
-81.259671
0.01
Wetland waters
Section 404
16.) Wetland H
35.409599
-81.259679
0.39
Wetland waters
Section 404
17.) Wetland 1
35.409577
-81.260181
0.36
Wetland waters
Section 404
18.) Wetland J
35.409340
-81.260397
0.01
Wetland waters
Section 404
19.) Wetland K
35.409333
-81.260885
0.01
Wetland waters
Section 404
20.) Wetland L
35.409334
-81.260740
0.02
Wetland waters
Section 404
21.) Wetland M
35.411225
-81.259599
1.02
Wetland waters
Section 404
22.) Wetland N
35.410976
-81.261605
2.35
Wetland waters
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 3 (Dated 03/12/2020)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24000 Scale Lincolnton W quandrangle.
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey Website_
®Nationalwetlands inventory map(s). Cite name: USFWS National Wetlands Inventory _
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 3 (Dated 03/12/2020)
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later Jurisdictional determinations.
Signature and date of FOulatorV
staff member completing PJD
05/20/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
Figure 3 Delineation Overview Map
W I L D L A N D S 0 250 500 Feet Carpenter Bottom Mitigation Site
ENGINEERING I i i i I Catawba River Basin 03050102
Gaston County, NC
03/12/20
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 2
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part
1: General Project Information
Project Name:
Carpenter Bottom Mitigation Site
Count Name:
Gaston County
DMS Number:
100090
Project Sponsor:
Wldlands Engineering, Inc.
Project Contact Name:
Andrea Eckardt
Project Contact Address:
1430 S. Mint Street, Suite 104, Charlotte, NC 26203
Project Contact E-mail:
aeckardt@wildlandseng.com
DMS Project Manager: Matthew Reid
Proiect Description
The Carpenter Bottom Mitigation Site is located in Gaston County, NC approximately 4.1 miles south of the City of
Uncolnton and just south of the Gaston County/Lincoln County border. The project includes wetland restoration
along with the restoration and preservation of Carpenter's Branch and several unnamed tributaries. Proposed
mitigation areas are currently active cattle and hay pasture with limited forested canopy. The project will provide
3,229 stream credits and 8.2 riparian wetland credits to the Division of Mitigation Services in the Catawba River
Basin (03050103 expanded service area).
For Official Use Only
Reviewed By:
Date DMS Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
Sect— (�-12— I q
Date For Division Administrator
FHWA
Part 2: All
Regulation/Question Response
Coastal Zone Management Act CZMA
1. Is the project located in a CAMA county?
❑ Yes
0 No
2. Does the project involve ground -disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
❑ No
N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
❑ N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
N/A
Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA
1. Is this a "full -delivery" project?
Ell Yes
❑ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
❑ Yes
designated as commercial or industrial?
✓❑ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
❑✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within or adjacent to the project area?
❑
No
✓❑
N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within the project area?
❑
No
❑✓
N/A
6. Is there an approved hazardous mitigation plan?
❑
Yes
❑
No
❑✓
N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
❑ Yes
Historic Places in the project area?
❑✓ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
❑✓ N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
✓❑ N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform
Act
1. Is this a "full -delivery" project?
✓❑ Yes
❑ No
2. Does the project require the acquisition of real estate?
❑✓ Yes
❑ No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
✓❑ No
❑ N/A
4. Has the owner of the property been informed:
✓❑ Yes
* prior to making an offer that the agency does not have condemnation authority; and
❑ No
* what the fair market value is believed to be?
❑ N/A
3: Ground -Disturbing Activities
Regulation/QuestionPart
..
American Indian Reliciious Freedom Act AIRFA
1.
Is the project located in a county claimed as "territory" by the Eastern Band of
❑✓ Yes
Cherokee
Indians?
❑ No
2.
Is the site of religious importance to American Indians?
❑ Yes
❑✓ No
❑ N/A
3.
Is the project listed on, or eligible for listing on, the National Register of Historic
❑ Yes
Places?
❑ No
✓❑ N/A
4.
Have the effects of the project on this site been considered?
❑ Yes
❑ No
❑✓ N/A
Antiquities Act AA
1.
Is the project located on Federal lands?
❑ Yes
❑✓ No
2.
Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
❑ Yes
of antiquity?
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓❑ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Archaeological Resources Protection Act ARPA
1.
Is the project located on federal or Indian lands (reservation)?
❑ Yes
✓❑ No
2.
Will there be a loss or destruction of archaeological resources?
❑ Yes
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
❑✓ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Endangered Species Act ESA
1.
Are federal Threatened and Endangered species and/or Designated Critical Habitat
❑✓ Yes
listed for the county?
❑ No
2.
Is Designated Critical Habitat or suitable habitat present for listed species?
✓❑ Yes
❑ No
❑ N/A
3.
Are T&E species present or is the project being conducted in Designated Critical
❑ Yes
Habitat?
❑✓ No
❑ N/A
4.
Is the project "likely to adversely affect" the species and/or "likely to adversely modify"
❑ Yes
Designated Critical Habitat?
❑ No
❑✓ N/A
5.
Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
❑✓ N/A
6.
Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
❑✓ N/A
Executive Order 13007 Indian Sacred Sites
1.
Is the project located on Federal lands that are within a county claimed as "territory"
❑ Yes
by
the EBCI?
❑✓ No
2.
Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
✓❑ N/A
3.
Have accommodations been made for access to and ceremonial use of Indian sacred
❑ Yes
sites?
❑ No
❑✓ N/A
Farmland Protection Policy Act FPPA
1.
Will real estate be acquired?
❑✓ Yes
❑ No
2.
Has NRCS determined that the project contains prime, unique, statewide or locally
❑✓ Yes
important farmland?
❑ No
❑ N/A
3.
Has the completed Form AD-1006 been submitted to NRCS?
❑✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act FWCA
1.
Will the project impound, divert, channel deepen, or otherwise control/modify any
❑✓ Yes
water body?
❑ No
2.
Have the USFWS and the NCWRC been consulted?
❑✓ Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act Section 6 f
1.
Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
0 No
2.
Has the NPS approved of the conversion?
❑ Yes
❑ No
0 N/A
Macinuson-Stevens Fishery Conservation and Manaciement Act Essential Fish
Habitat
1.
Is the project located in an estuarine system?
❑ Yes
✓❑ No
2.
Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
0 N/A
3.
Is sufficient design information available to make a determination of the effect of the
❑ Yes
project on EFH?
❑ No
❑✓ N/A
4.
Will the project adversely affect EFH?
❑ Yes
❑ No
0 N/A
5.
Has consultation with NOAA-Fisheries occurred?
❑ Yes
❑ No
0 N/A
Migratory Bird Treat Act MBTA
1.
Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
0 No
2.
Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
0 N/A
Wilderness Act
1.
Is the project in a Wilderness area?
❑ Yes
0 No
2.
Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal
agency?
❑ No
❑✓ N/A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 1, 2020
Regulatory Division
Re: NCIRT Review and USACE Approval of the NCDMS Carpenter Bottom Mitigation Site /
Buncombe Co./ SAW-2018-02062/ NCDMS Project # 100090
Mr. Tim Baumgartner
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Mr. Baumgartner:
The purpose of this letter is to provide the North Carolina Division of Mitigation Services
(NCDMS) with all comments generated by the North Carolina Interagency Review Team
(NCIRT) during the 30-day comment period for the Carpenter Bottom Draft Mitigation Plan,
which closed on October 25, 2020. These comments are attached for your review.
Based on our review of these comments, we have determined that no major concerns
have been identified with the Draft Mitigation Plan, which is considered approved with this
correspondence. However, several minor issues were identified, as described in the attached
comment memo, which must be addressed in the Final Mitigation Plan.
The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN)
Application for Nationwide permit approval of the project along with a copy of this letter. Issues
identified above must be addressed in the Final Mitigation Plan. All changes made to the Final
Mitigation Plan should be summarized in an errata sheet included at the beginning of the
document. If it is determined that the project does not require a Department of the Army permit,
you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the
USACE Mitigation Office at least 30 days in advance of beginning construction of the project.
Please note that this approval does not preclude the inclusion of permit conditions in the permit
authorization for the project, particularly if issues mentioned above are not satisfactorily
addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does
not guarantee that the project will generate the requested amount of mitigation credit. As you
are aware, unforeseen issues may arise during construction or monitoring of the project that may
require maintenance or reconstruction that may lead to reduced credit.
Thank you for your prompt attention to this matter, and if you have any questions
regarding this letter, the mitigation plan review process, or the requirements of the Mitigation
Rule, please call me at 919-554-4884, ext 60.
Sincerely,
BROWNINGNM Digitally signed by
BROWN ING.KIMBERLY.DA
BERLY.DANIELL NIELLE.1527683510
E.1527683510 Date: 2020.12.0110:09:04
-05'00'
Kim Browning
Mitigation Project Manager
for Ronnie Smith, Deputy Chief
USACE Regulatory Division
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Matthew Reid, Paul Wiesner—NCDMS
Eric Neuhaus, Shawn Wilkerson—WEI
Resume Submission
https://edocs.deq.nc.gov/Forms/fonn/resume/216/66922
Comments
Miscellaneous attachments not previously requested.
Click the upload button or drag and drop files here to attach document
Upload
File must be PDF or KMZ
Signature
0 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:*
Signature*
Full Name (Co -Signor)*
Eric Neuhaus
Co -Signor Signature
Date
12/9/2020
Submit
Sign
Save as Draft
Lin Xu
L-i &v Xw
19 of 19 12/9/2020, 5:18 PM
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 2
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part
1: General Project Information
Project Name:
Carpenter Bottom Mitigation Site
Count Name:
Gaston County
DMS Number:
100090
Project Sponsor:
Wldlands Engineering, Inc.
Project Contact Name:
Andrea Eckardt
Project Contact Address:
1430 S. Mint Street, Suite 104, Charlotte, NC 26203
Project Contact E-mail:
aeckardt@wildlandseng.com
DMS Project Manager: Matthew Reid
Proiect Description
The Carpenter Bottom Mitigation Site is located in Gaston County, NC approximately 4.1 miles south of the City of
Uncolnton and just south of the Gaston County/Lincoln County border. The project includes wetland restoration
along with the restoration and preservation of Carpenter's Branch and several unnamed tributaries. Proposed
mitigation areas are currently active cattle and hay pasture with limited forested canopy. The project will provide
3,229 stream credits and 8.2 riparian wetland credits to the Division of Mitigation Services in the Catawba River
Basin (03050103 expanded service area).
For Official Use Only
Reviewed By:
Date DMS Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
Sect— (�-12— I q
Date For Division Administrator
FHWA
Part 2: All
Regulation/Question Response
Coastal Zone Management Act CZMA
1. Is the project located in a CAMA county?
❑ Yes
0 No
2. Does the project involve ground -disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
❑ No
N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
❑ N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
N/A
Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA
1. Is this a "full -delivery" project?
Ell Yes
❑ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
❑ Yes
designated as commercial or industrial?
✓❑ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
❑✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within or adjacent to the project area?
❑
No
✓❑
N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within the project area?
❑
No
❑✓
N/A
6. Is there an approved hazardous mitigation plan?
❑
Yes
❑
No
❑✓
N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
❑ Yes
Historic Places in the project area?
❑✓ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
❑✓ N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
✓❑ N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform
Act
1. Is this a "full -delivery" project?
✓❑ Yes
❑ No
2. Does the project require the acquisition of real estate?
❑✓ Yes
❑ No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
✓❑ No
❑ N/A
4. Has the owner of the property been informed:
✓❑ Yes
* prior to making an offer that the agency does not have condemnation authority; and
❑ No
* what the fair market value is believed to be?
❑ N/A
3: Ground -Disturbing Activities
Regulation/QuestionPart
..
American Indian Reliciious Freedom Act AIRFA
1.
Is the project located in a county claimed as "territory" by the Eastern Band of
❑✓ Yes
Cherokee
Indians?
❑ No
2.
Is the site of religious importance to American Indians?
❑ Yes
❑✓ No
❑ N/A
3.
Is the project listed on, or eligible for listing on, the National Register of Historic
❑ Yes
Places?
❑ No
✓❑ N/A
4.
Have the effects of the project on this site been considered?
❑ Yes
❑ No
❑✓ N/A
Antiquities Act AA
1.
Is the project located on Federal lands?
❑ Yes
❑✓ No
2.
Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
❑ Yes
of antiquity?
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓❑ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Archaeological Resources Protection Act ARPA
1.
Is the project located on federal or Indian lands (reservation)?
❑ Yes
✓❑ No
2.
Will there be a loss or destruction of archaeological resources?
❑ Yes
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
❑✓ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Endangered Species Act ESA
1.
Are federal Threatened and Endangered species and/or Designated Critical Habitat
❑✓ Yes
listed for the county?
❑ No
2.
Is Designated Critical Habitat or suitable habitat present for listed species?
✓❑ Yes
❑ No
❑ N/A
3.
Are T&E species present or is the project being conducted in Designated Critical
❑ Yes
Habitat?
❑✓ No
❑ N/A
4.
Is the project "likely to adversely affect" the species and/or "likely to adversely modify"
❑ Yes
Designated Critical Habitat?
❑ No
❑✓ N/A
5.
Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
❑✓ N/A
6.
Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
❑✓ N/A
Executive Order 13007 Indian Sacred Sites
1.
Is the project located on Federal lands that are within a county claimed as "territory"
❑ Yes
by
the EBCI?
❑✓ No
2.
Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
✓❑ N/A
3.
Have accommodations been made for access to and ceremonial use of Indian sacred
❑ Yes
sites?
❑ No
❑✓ N/A
Farmland Protection Policy Act FPPA
1.
Will real estate be acquired?
❑✓ Yes
❑ No
2.
Has NRCS determined that the project contains prime, unique, statewide or locally
❑✓ Yes
important farmland?
❑ No
❑ N/A
3.
Has the completed Form AD-1006 been submitted to NRCS?
❑✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act FWCA
1.
Will the project impound, divert, channel deepen, or otherwise control/modify any
❑✓ Yes
water body?
❑ No
2.
Have the USFWS and the NCWRC been consulted?
❑✓ Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act Section 6 f
1.
Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
0 No
2.
Has the NPS approved of the conversion?
❑ Yes
❑ No
0 N/A
Macinuson-Stevens Fishery Conservation and Manaciement Act Essential Fish
Habitat
1.
Is the project located in an estuarine system?
❑ Yes
✓❑ No
2.
Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
0 N/A
3.
Is sufficient design information available to make a determination of the effect of the
❑ Yes
project on EFH?
❑ No
❑✓ N/A
4.
Will the project adversely affect EFH?
❑ Yes
❑ No
0 N/A
5.
Has consultation with NOAA-Fisheries occurred?
❑ Yes
❑ No
0 N/A
Migratory Bird Treat Act MBTA
1.
Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
0 No
2.
Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
0 N/A
Wilderness Act
1.
Is the project in a Wilderness area?
❑ Yes
0 No
2.
Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal
agency?
❑ No
❑✓ N/A