20210546 Ver 1_ePCN Application_20210610

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
April 4, 2021 Ver 4
Has this project met the requirements for acceptance in to the review process?*
✓ Yes
✓ No
Is this project a public transportation project?*
CYes r No
Change only 1 needed.
BIMS # Assigned* Version#*
20210546 1
Is a payment required for this project?*
✓ No payment required
✓ Fee received
r Fee needed - send electronic notification
Reviewing Office *
Wilmington Regional Office - [phone]
Information for Initial Review
la. Name of project:
Smith Creek Stabilization
la. Who is the Primary Contact?*
Timothy Lowe (New Hanover County)
What amout is owed?*
✓ $240.00
✓ $570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
6/10/2021
Nearest Body of Water
Smith Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude: Longitude:
34.2926 -77.8333
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
✓ Yes r No
Is this project a public transportation project?*
✓ Yes r No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
✓ Yes r No

ID#
20210546
Version
1
Pre -fling Meeting or Request Date
3/12/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
Fie type mast be FCF
la. Type(s) of approval sought from the Corps:
f7 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
✓ Yes
6 No
1b. What type(s) of permit(s) do you wish to seek authorization?
fJ Nationwide Permit (NWP)
I- Regional General Permit (RGP)
I— Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
6 Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
37
Id. Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - Regular
I— Non-404 Jurisdictional General Permit
I— Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
✓ Yes ( No
52.51 KB
I— 401 Water Quality Certification - Express
I— Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes ( No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
6 Yes rNo
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
✓ Yes
t:' No r Unknown
1j. Is the project located in a designated trout watershed?
✓ Yes r No
B. Applicant Information
Id. Who is applying for the permit?
17 Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
6 Yes r No
2. Owner Information
✓ Yes 6 No
✓ Yes 6 No
2a. Name(s) on recorded deed:
New Hanover Counnty

2b. Deed book and page no.:
DB 6350, PG 860
2c. Contact Person:
2d. Address
Street Address
230 Government Center Drive
Address Line 2
Oty State / Province/ Region
Wilmington NC
Postal / Zip Code Country
27609 US
2e. Telephone Number: 2f. Fax Number:
[phone] [phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Craig and Cynthia Collins
2b. Deed book and page no.:
DB 6225, PG 517
2c. Contact Person:
Craig Collins
2d. Address
Street Address
7409 Quail Woods Road
Address Line 2
atY State/ Province / Fegion
Wilmington NC
Postal / Zip Code Country
28411 US
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
ckcollins@sbcglobal. net
2a. Name(s) on recorded deed:
Bryan Hart
2b. Deed book and page no.:
DB 4445, PG 335
2c. Contact Person:
2d. Address
Street Address
7441 Quail Woods Road
Address Line 2
(Sty State / Province / Region
Wilmington NC
Postal / Zip Code Country
28411 US
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Joseph Sullivan
4b. Business Name:
KCI Associates of NC
4c. Address

Street Address
4505 Falls of Neuse Road, Suite 400
Address Line 2
Ctty
Raleigh
Postal / Zip Cede
27609
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Newi-lanover NOA NR204532XXXXC012 NC EWP allsigs.pdf
State / Province / legion
NC
Country
US
4e. Fax Number:
[phone]
1.07MB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
lc. Nearest municipality / town:
Wilmington
2. Project Identification
2a. Property Identification Number:
3159-29-0279.000, 3159-29-4773.000, 3159-
19-7485.000
2c. Project Address
Street Address
1200 Dove Field Drive
Address Line 2
aty
Wilmington
Postal / ZZp (Dade
28411
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Smith Creek
3b. Water Resources Classification of nearest receiving water:*
C;Sw
3c. What river basin(s) is your project located in?*
Cape Fear
2b. Property size:
5.18
State / Province / legion
NC
Country
US
3d. Please provide the 12-digit HUC in which the project is located.
030300071400
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project reaches consist two separate sections totaling approximately 205 linear feet (If) of Smith Creek west of Dove Field Road and south of Quail Woods Road. Above the target
reach, the stream passes through 60" culvert under Dove Field Road. The project watershed for the reach is approximately 2.06 square mile and drains a cluster of suburban
neighborhoods. A variety of utility infrastructure elements are located directly along the project reach including: manholes and sewer line south of Smith Creek running parallel to the
project. Recent severe storms have induced erosion and threatened adjacent residential properties.
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)
Smith Creek Fig2 USGS.pdf 417.02KB
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)
SmithCreek_JD_Fig_NRCS.pdf 379.24KB
4f. List the total estimated acreage of all existing wetlands on the property:
0

4g. List the total estimated linear feet of all existing streams on the property:
1,271
4h. Explain the purpose of the proposed project:*
In 2018, Hurricane Florence inflicted significant damages throughout New Hanover County including substantial flooding of drainage systems and natural streams and creeks
throughout the County. New Hanover County has received funding through the USDA NRCS Emergency Watershed Protection Program (EWP) to remove debris and sediment from
creeks and drainage ways throughout the County and to repair/restore areas that were identified in the aftermath of Hurricane Florence. Smith Creek was recognized as needing repair
due to the sections of eroding banks and the threat to residential neighbors. Other purposes include reducing upstream flooding, and restoring streambanks and riparian habitat.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
As indicated in the plans, portions of the stream banks will be graded and stabilized with bioengineering, rock, coir matting, and native vegetation. A variety of heavy equipment may be
used for this project, including track hoes, front-end loaders, back hoes, and dump trucks.
4j. Please upload project drawings for the proposed project.
Smith Creek - 50% plans 2021-05-13.pdf 989.82KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
( Yes r No
Comments:
Preliminary JD Request included within this application
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown F N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Joseph Sullivan
Agency/Consultant Company: KCI Assiciates of NC
Other:
5d1. Jurisdictional determination upload
SmithCreek_JD_Submittal_20210422_Signed.pdf 2.1 MB
6. Future Project Plans
6a. Is this a phased project?*
C Yes ( No
C Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
n Wetlands 17 Streams -tributaries
17 Open Waters E Pond Construction
3. Stream Impacts
E Buffers
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*
S1
Soil Lift & Grading
Temporary
Bank Stabilization
Smith Creek
Perennial
Both
12
Average (feet)
95
(linear feet)
S2
Rip Rap & Grading
Temporary
Bank Stabilization
Smith Creek
Perennial
Both
12
Average (feet)
110
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
205
3i. Total temporary stream impacts:
205
3j. Comments:

Stream impacts are due to stabilization of the stream banks. The stabilization of the stream banks at Impact S1 will involve addition of stabilized rock
toe material and installation of soil lifts and live stakes. The stabilization of the stream banks at Impact S2 will involve the placement of rip rap rock toe,
rock bank protection and enhancement of the streambed to direct flow away from the bank.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project will involve the stabilization of damaged stream banks. The majority of the construction access will occur in an undeveloped portion of the
adjacent properties. The design also incorporates erosion and sediment control measures to minimize sediment release during construction.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will only be conducted during low flow conditions, and to the extent practicable, stream flow will be pumped around to minimize equipment
being in contact with flowing water during grading and demolition activities. Other typical sediment and erosion control practices, such as isolating any
spoil piles with silt fence, will be implemented.
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?
C Yes ( No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project will involve the stabilization of adjacent stream banks and will have a net positive effect on the quality of the stream.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
C Yes (7 No
If no, explain why:
The project is located in the Cape Fear River Basin and is not part of any areas protected by the NC Riparian Buffer Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes ( No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
(7 Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
( 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)?*
C Yes ( No
Comments:*
N/A
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)?*
C Yes ( No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
CYes 0'No
3b. If you answered "no," provide a short narrative description.
The project will involve the stabilization of adjacent stream banks and is not anticipated to result in additional development.

4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
✓ Yes r No ( N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
( Yes rNo
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes ( No
( No r Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
✓ Yes (No
5g. Does this project involve bridge maintenance or removal?
✓ Yes ( No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes ( No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
✓ Yes ( No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NC NHP database was consulted on 4/2/2021. A Biological Evaluation was submitted to
USFWS through IPaC.
Consultation Documentation Upload
SmithCreek_TE.pdf 636.7KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
( Yes rNo
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
✓ Yes (No
r Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Essential Fish Habitat Mapper. https://vwdw.habitat.noaa.gov/application/efhmapper/indexhtml
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
(' Yes (No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
HPOWEB Mapper
https://nc.maps.arcgis.com/apps/webappviewer/index html?id=773b7da94dc0478390cb0c3186b7a498
7c. Historic or Prehistoric Information Upload
ER-21-0694.pdf 151.01 KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
( Yes rNo
8b. If yes, explain how project meets FEMA requirements:
A No Rise Study is being conducted and will be submitted to the county.
8c. What source(s) did you use to make the floodplain determination?*
North Carolina Flood Risk Information System
Miscellaneous

Comments
Miscellaneous attachments not previously requested.
SmithCreek_PCN_Impacts.pdf
1.9MB
Signature
® By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Joseph Sullivan
Signature
Date
6/10/2021

USDAF PAC
-Business Center
Grants and Agreements - Routing and Clearance
DATE:
02/24/2020
DESCRIPTION:
Agreement # NR204532XXXXC012
PARTICIPANTS:
MRCS &New Hanover County
PURPOSE:
New Hanover County, NC EWP DSR 37-03-15-5038 Sites
200/203/204/205/206/210/211/212/213/215/216/217/219 - Hazardous Debris Removal
PERIOD COVERED:
ROUTING
1. Grants Management Specialist
2. Branch Chief
3. Grants and Agreements Division Director
4.
5.
OBLIGATIONS
DIRECT:
$
ATTENTION OF
Arturo Manantan
Denise Burruss
Galon Hall
6.
REIMBURSABLE
INITIALS
4r/v
Denise
Burruss
Digitally signed by
Denise Burruss
Date; 2020.02.25
07:49:26 -05'00'
GALON
HALL
Digitally signed by
GALON HALL
Date: 2020.02.25
09:36;56 -05'00'
7.
8.
REMARKS:
AGREEMENT ID 6000012454
Clear Form
11/30/2018

USDA
U.S. Department of Agriculture
Natural Resources Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
NRCS-ADS-093
1. Award Identifying Number
NR204532XXXXC012
2. Amendment Number
3. Award /Project Period
Date of Final Signature - 220 days
from the date of Final Signature
4. Type of award instrument:
Cooperative Agreement
5. Agency (Name and Address)
Natural Resources Conservation Service
4407 Bland Road, Suite 117
Raleigh, NC 27609
6. Recipient Organization (Name and Address)
NEW HANOVER COUNTY OF
230 GOVT CTR DR
WILMINGTON NC 28403-1732
DUNS: 040029563 EIN:
7. NRCS Program Contact
Name: JAMES KJELGAARD
Phone:
Email: [e-mail]
8. NRCS Administrative
Contact
Name: ARTURO MANANTAN
Phone:
Email: Arturo.Manantan@wdc.
usda.gov
9. Recipient Program
Contact
Name: Teresa Hewett
Phone:[phone]
Email: [e-mail]
10. Recipient Administrative
Contact
Name: Teresa Hewett
Phone: [phone]
Email: [e-mail]
11. CFDA
10.923
12. Authority
16 U.S.0 2203
33 U.S.0 701 B-1
33 U.S.C. 701b-1
Agricultural Credit Act of 1978
FedAg Improvement and
Reform Act of 1999
Public Law 104-127, 110 Stat.
1016
Sec 216 of the Flood Control
Act of 1950
Section 216, Public Law
81-516, 33 U.S.0
Section 403, Public Law 95-334
Title III, Part Subtitle H, Section
382
13. Type of Action
New Agreement
14. Program Director
Name: Teresa Hewett
Phone: [phone]
Email: [e-mail]
15. Project Title/ Description: New Hanover County, NC EWP DSR 37-03-15-5038 Sites
200/203/204/205/206/210/211/212/213/215/216/217/219 - Hazardous Debris Removal
16. Entity Type: B = County Govemment
17. Select Funding Type
Select funding type:
IR Federal
F Non -Federal
Original funds total
$3,627,109.20
$1,099,124.00
Additional funds total
$0.00
$0.00
Page 1 of 16

Grand total
$3,627,109.20
$1,099,124.00
18. Approved Budget
Personnel
$0.00
Fringe Benefits
$0.00
Travel
$0.00
Equipment
$0.00
Supplies
$0.00
Contractual
$0.00
Construction
$3,297,372.00
Other
$329,737.20
Total Direct Cost
$3,627,109.20
Total Indirect Cost
$0.00
Total Non -Federal Funds
$1,099,124.00
Total Federal Funds Awarded
$3,627,109.20
Total Approved Budget
$4,726,233.20
This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this
award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to
act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all
attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
found by NRCS to have been overpaid, will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative
Signature
Date
Timothy Beard
TIMOTHY BEAittallly D signed by TIMOTHY
State Conservationist
BEARD 04 e: 020.04.29 13:46:22
Name and Title of Authorized
Recipient Reppresentativ
Signatur
Date
Timothy Burgc �
, o?�
, 7049
County Manager
ieleolt
NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply
to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at [phone] (voice and TDD). To file a complaint of discrimination write to
USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call [phone] (voice) or (202)
720-6382 (TDD). USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act • 19 4 (5 U.S.C. .. u 522a).
Page 2 of 16
(--C-C1‘
proved as to form/County Attorney

Statement of Work
Purpose
The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the "NRCS", to provide technical and financial assistance to the New Hanover County,
hereinafter referred to as the "Sponsor", for EWP Event # 5038 (Hurricane Florence) in New Hanover County, North
Carolina for implementation of recovery measures, that, if left undone, pose a risk to life and/or property.
Objectives
The design and installation of EWP measures as detailed in the individual Damage Survey Report (DSR) and described
here:
DSR 37-03-18-5038-200/203/204/205/206/210/211/212/213/215/216/217/219 — Hazardous Debris Removal
200: Whiskey Creek I: $181,246.00 (Hazardous Debris Removal)
203: Dock Creek: $51, 796.00 (Hazardous Debris Removal)
204: Everette Creek: $249,384.00 (Hazardous Debris Removal)
205: Futch Creek: $84,402.00 (Hazardous Debris Removal)
206: Howe Creek: $202,011.00 (Hazardous Debris Removal)
210: Motts Creek: $473,375.00 (NC PE Sealed Design Required)
211: Ness Creek: $263,346.00 (Hazardous Debris Removal)
212: Pages Creek Watershed: $579,309.00 (Hazardous Debris Removal)
213: Prince George Creek: $772,546.00 (Hazardous Debris Removal)
215: Shipwatch Dr -Cape Fear River: $3,600.00 (Hazardous Debris Removal)
216: Smith Creek: $989,147.00 (Hazardous Debris Removal)
217: Sneeden Drive -Pipe: $9,430.00 (Hazardous Debris Removal)
219: Whiskey Creek II: $536,904.00 (Hazardous Debris Removal)
Budget Narrative
A. The estimated costs for the project: $4,726,233.20
1. Total Estimated Construction Costs: $4,396,496.00
2. Total Estimated Federal Project Budget: ($3,297,372.00 FA + $329,737.20 TA) = $3,627,109.20
The budget includes:
Financial Assistance (FA):
Total Contruction Costs: (75% NRCS $3,297,372.00 + 25% Sponsor $1,099,124.00) $4,396,496.00
Technical Assistance (TA):
Available NRCS Technical Assistance (10% of NRCS FA) = $329,737.20
3. NRCS pays 75 percent of eligible construction costs, and Sponsor pays 25 percent of construction costs. NRCS will
contribute up to 10% percent of the NRCS' construction cost share for design services, contract administration and
construction management costs. It is possible that technical and administrative costs will exceed this amount, requiring
the Sponsor to request additional resources to complete technical and administrative work.
Page 3 of 16

4. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial
assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.
5. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on -the -ground construction
costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment, materials, testing, and inspection
services.
6. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs include
a. engineering costs include, but not limited to, developing a project design that includes construction drawings and
specifications, an operation and maintenance plan, a quality assurance/inspection plan and an engineer's estimate of the
project installation costs in addition to providing necessary quality assurance during construction.
b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for
construction and engineering services, including project management, verifying invoices and record keeping.
7. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
non -cash materials or services, or in -kind contributions. The value of any in -kind contribution shall be agreed to in writing
prior to implementation.
Responsibilities of the Parties:
A. Sponsor will:
1. Accomplish construction of the EWP project measures by contracting, in -kind construction services, or a combination
of both.
2. Ensure and certify by signing this agreement that its cost share obligation is from a non -Federal source.
3. Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information
with this executed agreement. Any change in the project liaison during the terms of this agreement must be immediately
communicated to NRCS.
4. Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer,
listing their duties, responsibilities, and authorities. Furnish such information in writing to the NRCS State
Conservationist.
5. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those
that are not applicable to State and local governments.
6. Acquire and provide certification to NRCS that real property rights (land and water), permits and licenses in
accordance with local, state, and Federal laws necessary for the installation of EWP project measures have been
obtained at no cost to NRCS prior to construction. This includes any rights associated with required environmental
mitigation. Sponsors shall provide such certification on Form NRCS-ADS-78, Assurances Relating to Real Property
Acquisition. Sponsors shall also provide an attorney's opinion supporting this certification. Costs related to land rights
and permits are the Sponsor's responsibility and ineligible for reimbursement.
7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits and licenses needed for the Project.
8. Provide the agreed -to portion of the actual, eligible and approved construction cost. These costs may be in the form of
cash, in -kind construction services, or a combination of both. Final construction items that are eligible construction costs
will be agreed upon during the pre -design conference. These costs consist of costs from contracts awarded to
contractors and eligible Sponsor in -kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs. Construction costs incurred prior to the Sponsor
and NRCS signing this agreement are ineligible and will not be reimbursed.
9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
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increase the level of protection over and above that described in the DSR.
10. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for
FA, requiring this separation.
11. Prepare design, construction specifications, and drawings in accordance with standard engineering principles that
comply with NRCS programmatic requirements; and/or contract/install the designed construction. Any design services
will be by a professional registered engineer currently registered in the state of North Carolina. Sponsor will obtain NRCS
review and concurrence on the design, construction plans, and specifications. The Sponsor must ensure description of
work is reviewed, concurred, and approved by NRCS. A copy of the final signed and sealed plans and specifications
shall be provided to NRCS.
12. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317
through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.326, contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis -Bacon Act would not apply under this
Federal program legislation.
13. The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor
or to any firm in which any Sponsor's official or any member of such official's immediate family has direct or indirect
interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and
administration of contracts.
14. For contracts, provide NRCS a copy of solicitation notice, bid abstract, and notice of contract award, or other basis of
cost and accomplishment.
15. For in -kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS at the pre -design conference. In -kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
16. The following documentation is required to support the Sponsor's request for reimbursement of in -kind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures.
c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for
constructing the eligible EWP project measures.
d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP project measures. Equipment idle time is not eligible in -kind construction services, even if
on the job site, and should not be included in the equipment operating records.
17. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe
items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous
or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided
to NRCS prior to commencement of construction.
18. Provide construction inspection in accordance with the QAP.
19. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable, prior to
commence of work. The O&M Plan shall describe the activities the Sponsor will do to ensure the project performs as
designed. Upon completion of the project measures, the Sponsor shall assume responsibility for O&M or document
delegation of O&M to another party.
20. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of
all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to
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solicitation for installation of the EWP project measures. All modifications to the plans and specifications shall be
reviewed and concurred on by NRCS.
21. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project. Use caution during practice installation. Be aware of the possibility of partially or totally
buried cultural resources such as prehistoric canoes and historic boats or boat landings. If cultural resources are
discovered inside the area of potential effect stop all activities that may disturb the cultural resource and contact the
NRCS cultural resources specialist, Jim Errante as soon as possible. Please find contact information below:
Jim Errante
Email: [e-mail]
Office Phone: [phone]
22. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for
completion of the work described in this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.
23. Will arrange and pay for any necessary location, removal, or relocation of utilities. EWP program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost -
share contribution.
24. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project, as interpreted by NRCS Program/Technical Contact. Provide NRCS Program/Technical Contact progress
reports as necessary and agreed to. Progress reports should include technical on -site inspections of work accomplished
for the period, work planned, results of material tests, deficient work products and/or tests with corrective actions taken,
modifications anticipated, technical problems encountered, contractual issues and other relevant information.
25. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act (40 USC 3701-3708) as supplemented by
Department of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's
compliance with safety requirements.
26. An-ange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed in accordance with contractual requirements. Provide a PE certification that the specified Projects were
installed in accordance with approved plans and specifications.
27. Provide PE -certified as -built drawings and quantities for the specified Projects; PE must be currently registered and
in good standing with the state of North Carolina. A copy of the as -built drawings will be submitted to the NRCS
Program/Technical Contact.
28. Pay the contractor(s) for work performed in accordance with the agreement and submit a SF-270, "Request for
Advance or Reimbursement" to the NRCS Program/Technical Contact with all documentation to support the request.
Final payment request shall be submitted within 90 calendar days of completion of the EWP project measures.
Payments will be withheld until all required documentation is submitted and complete.
a. The required supporting documentation for reimbursement of construction costs include invoices and proof of payment
to the contractor showing the items and quantities installed and certified by the engineer of record along with any
supporting documentation such as quantity calculations, rock weight tickets, etc.
b. The required supporting documentation for reimbursement of in -kind construction expenses will include employee time
sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices.
c. The required documentation for reimbursement of technical and administrative services will be invoices and proof or
payment to consultants and/or employee time sheets along with the employee's hourly rate, hours worked, and date
work was performed.
29. Submit performance reports on an annual basis to the Farm Production and Conservation (FPAC) Grants and
Agreements Division staff via email to: [e-mail]. Reports are due 30 calendar days after the reporting
period and are based on the agreement period of performance start date.
30. Submit SF-425 Financial Reports on a semi-annual basis to the Farm Production and Conservation (FPAC) Grants
and Agreements Division via email to: [e-mail]. Reports are due 30 calendar days after the reporting
period on July 31 and January 31. Please note that financial reporting is based on the calendar year.
31. Submit payment requests to the Farm Production and Conservation(FPAC) Grants and Agreements Division via
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email to: [e-mail] on a monthly or quarterly basis. Refer to the General Terms and Conditions for
more information regarding payment requests.
32. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial
report (SF-425) under this award or final payment is received, whichever is later.
33. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
evaluation, and litigation that may result from the Projects. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any litigation
matters in which NRCS could have a financial interest.
34. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.
35. Retain all records dealing with the award and administration of the contract(s) for 3 years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the 3-year period, records are to be retained until the litigation is
resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited representatives of the Department of
Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions.
36. Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work
within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the
contractor not completing the work within the allowable performance period. These costs include but are not limited to
personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then
due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract
performance time is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.
37. Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with
the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of
every kind whatsoever that the Sponsor has against the contractor or his or her sureties.
38. For 220-day emergency projects, the Sponsor will submit a report to the State Conservationist and State EWP
Program Manager every 30 days (i.e. monthly) from the date the formal agreement is signed by both parties. The report
(s) must, at a minimum, include the following:
a. Funds obligated and funds disbursed
b. Percent of work completed
c. Current estimate of eligible work unfunded
d. Any unusual conditions or situations that may delay the project completion within the 220 days and what efforts are
being taken to address the situation
e. Human interest examples
f. Urgent problems and or needs
39. Within 45-days of project completion certification, Sponsor will submit a final report to the State Conservationist and
State EWP Program Manager The information required in the final report must describe the following:
a. Emergency recovery measures installed (tabular and map formats acceptable)
b. Financial assistance (FA) and technical assistance (TA) expenditures
c. Benefits provided
Page 7 of 16

d. Total FA and TA funds utilized by project
B. NRCS will:
1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre -design
conference.
2. Designate a Government representative (GR) to serve as liaison with the Sponsor and identify that person's contact
information with this executed agreement.
3. Review, comment and concur in preliminary and final plans, specifications, O&M Plan, Plan of Operations (if required)
and QAP.
4. Make periodic site visits during the installation of the EWP project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor's responsibilities.
5. Upon notification of the completion of the EWP project measures, NRCS shall promptly review the performance of the
Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met.
6. Make payment to the Sponsor covering NRCS' share of the cost upon receipt and approval of Form SF-270 and
supporting documentation, withholding the amount of damages sustained by NRCS as provided for in this agreement. In
the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a
timely manner to resolve concerns.
Expected Accomplishments and Deliverables
The following accomplishments and deliverable will be provided to NRCS.
1. One copy of the final engineering plans, specifications signed and sealed by a licensed professional engineer (if
applicable), including engineer's cost estimate, and approved Plan of Operations (if applicable, force accounts only).
2. Signed NRCS-ADS-78 supported by an attorney's opinion.
3. One copy of the quality assurance plan.
4. One copy of the operation and maintenance plan or documentation O&M responsibilities transferred to landowner (if
applicable).
5. One copy of the notice of solicitation, bid abstract, and notice of award.
6. Copies of all 30-day interval reports, submitted in a timely manner, starting 30 days after the formal agreement is
signed by all parties and continuing through project completion.
7. Certification that the project was installed in accordance with the plans and specifications.
8. As -built drawings of final construction signed by a licensed professional engineer within 30 days of completion of
construction.
9. Quantities of the units of work applied for each site within 30 days of completion of construction along with a final
report detailing site recovery measures and project expenditures.
Resources Required
No resources required other than funding
Milestones
Milestones shall include, but not limited to, the following items:
Page 8 of 16

1. Pre-design/construction conference within 30 days of signing agreement.
2. Submit to NRCS a schedule with time lines of major items to be completed within 30 days of the pre -design
conference.
3. Acquire needed real property rights and permits (signed NRCS-ADS-78 supported by an attomey's opinion) prior to
start of construction.
4. Complete any necessary surveys (if applicable).
5. Complete draft engineering plans and specifications for NRCS review (if applicable).
6. Complete final engineering plans and specifications (if applicable).
7. Complete quality assurance plan and operation and maintenance plan (if applicable).
8. Solicit bids.
9. Award contract.
10. Manage construction contract and provide quality assurance as described in the QAP.
11. Provide 30-day progress reports at timely intervals
12. Provide final inspection.
13. Complete as -built drawings and/or final report.
14. Submit final payment.
Page 9 of 16

GENERAL TERMS AND CONDITIONS
Please reference the below link(s) for the General Terms and Conditions pertaining to this award:
U.S. DEPARTMENT OF AGRICULTURE FARM PRODUCTION AND CONSERVATION
GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS
The Farm Production and Conservation (FPAC) mission area encompasses the following USDA agencies: Natural
Resources Conservation Service (NRCS), Farm Service Agency (FSA), Risk Management Agency (RMA), the
Commodity Credit Corporation (CCC), and the FPAC Business Center.
I. APPLICABLE REGULATIONS
a. As a condition of this award, the recipient assures and certifies that it has and/or will comply and require subrecipients
to comply with the requirements contained in the following statutes and regulations, as applicable. The full text of Code
of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?
collectionCode=CFR and http://www.ecfr.gov/.
(1) 2 CFR Part 25, "Universal Identifier and System of Award Management" (2) 2 CFR Part 170, "Reporting Subaward
and Executive Compensation Information" (3) 2 CFR Part 175, "Award Term for Trafficking in Persons" (4) 2 CFR Part
180, "OMB Guidelines to Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" (5) 2 CFR Part
182, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" (6) 2 CFR Part 200, "Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (7) 2 CFR Part 400,
"Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards" (8) 2 CFR Part
417, "Nonprocurement Debarment and Suspension" (9) 2 CFR Part 418, "New Restrictions on Lobbying" (10) 2 CFR
Part 421, "Requirements for Drug -Free Workplace (Financial Assistance)" (11) 2 CFR Part 422, "Research Institutions
Conducting USDA -Funded Extramural Research; Research Misconduct"
b. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and,
to the extent applicable, to the type of organizations receiving the award, regardless of tier. The following portions of the
Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations
references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www.
ecfr.gov/.
(1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal
Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures" c. For corporate recipients, by accepting this
award the recipient acknowledges: (1) that it does not have a Federal tax delinquency, meaning that it is not subject to
any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, and (2) that it has not been convicted of a felony criminal violation under any
Federal law within 24 months preceding the award, unless a suspending and debarring official of the USDA has
considered suspension or debarment of the recipient corporation based on these convictions and/or tax delinquencies
and determined that suspension or debarment is not necessary to protect the interests of the Government. If the
recipient fails to comply with these provisions, the agency will annul this agreement and may recover any funds the
recipient has expended in violation of the above cited statutory provisions.
II. UNALLOWABLE COSTS
The following costs are not allowed:
a. Costs above the amount authorized for the project. b. Costs incurred after the award period of performance end date.
c. Costs not identified in the approved budget or approved budget revisions. d. Profit resulting from Federal financial
assistance. Recipients may not eam and keep income resulting from an award. e. Costs of promotional items and
memorabilia, including models, gifts, and souvenirs. f. Compensation for injuries to persons or damage to property
arising from project activities.
This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR
Part 200, "Subpart E - Cost Principles", or direct specific inquiries to the administrative contact identified in the award.
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The allowability of some items of costs may be difficult to determine. To avoid disallowance or dispute of such costs, the
recipient may seek prior approval before incurring them. See 2 CFR 200.407. III. PRIOR APPROVAL REQUIREMENTS
Certain items of cost and award revisions require the prior written approval of the awarding agency. The following are
the most common situations requiring prior approval. However, this list is not exhaustive, and the recipient is also bound
by any other prior approval requirements identified in the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
a. Pre -award costs. —To receive reimbursement for costs incurred prior to the award date, recipients must request
written approval before incurring the costs. This restriction also applies to costs intended to meet cost -share
requirements. FPAC agencies will not approve expenses incurred more than 90 calendar days before the period of
performance start date. All costs incurred before the period of performance start date, even if approved, are at the
recipient's risk (i.e., the Federal awarding agency is under no obligation to reimburse such costs if for any reason the
recipient does not receive a Federal award or if the Federal award is less than anticipated and inadequate to cover such
costs). b. Revisions to scope, objective, or deliverables. —When it is necessary to modify the scope, objective, or
deliverables of an award, the recipient authorized signatory must submit a written request and justification for the change
along with the revised scope, objective, or deliverables of the award to the administrative contact. The request should
contain the following information: 1. Grant or agreement number 2. Narrative explaining the requested modification to the
project scope, objectives, or deliverables 3. A description of the revised scope, objectives, or deliverables
c. Additions or changes to subawards and contracts. —The subawarding, transferring, or contracting out of any work
under a Federal award not identified in the original award budget or any changes to subaward or contracts requires prior
written approval. The recipient must submit a justification for the proposed subaward/contract, a statement of work to be
performed, and a detailed budget for the subaward/contract to the administrative contact. This provision does not apply
to the acquisition of supplies, material, equipment, or general support services. d. Change in a key person specified in
the application or award.— When there is a change in key personnel, the recipient must request prior written approval for
the substitution or change. The request must identify the replacement personnel and provide his or her qualifications.
e. Absence or change in project leadership. —If the approved project director or principal investigator disengages from
the project for more than three months or reduces time devoted to the project by 25 percent or more, the recipient must
notify the administrative contact in writing, identifying who will be in charge during the project director's absence. The
notification must include the qualifications of the replacement.
f. Budget revisions. —Recipients must request prior written approval for deviations from the approved budget in the
instances described below. For all budget revisions, the recipient must submit a new SF 424A or 424C and budget
narrative to support the request. 1. The inclusion of costs that require prior approval in accordance with Subpart E—Cost
Principles of this part or 45 CFR part 75 Appendix IX, "Principles for Determining Costs Applicable to Research and
Development under Awards and Contracts with Hospitals," or 48 CFR part 31, "Contract Cost Principles and
Procedures," as applicable. 2. Where the cumulative amount of transfers of funds among direct cost categories or
programs, functions, and activities exceeds or is expected to exceed 10 percent of the total budget as last approved by
the Federal awarding agency, and where the Federal share of the project exceeds the simplified acquisition threshold. 3
The transfer of funds budgeted for participant support costs to other categories of expense requires prior written
approval. Participant support costs means direct costs for items such as stipends or subsistence allowances, travel
allowances, and registration fees paid to or on behalf of participants or trainees (but not employees) in connection with
conferences or training projects. 4. Changes in the approved cost -sharing or matching provided by the recipient. 5.
Additional Federal funds needed to complete the project. 6. Changes to negotiated indirect cost rates during the award
period of performance. 7. Equipment purchases not specifically identified in the approved budget.
g. No -Cost Extensions of Time. —When a no -cost extension of time is required, the recipient authorized signatory must
submit a written request to the FAPC administrative contact. Except in very limited circumstances, a no -cost extension
of time cannot exceed 12 months. FPAC cannot approve requests for no -cost extensions received after the expiration of
the award. In addition, time may not allow extension requests submitted less than 30 calendar days before the period of
performance end date to be processed, so recipients are encouraged to submit requests as soon as possible. FPAC
agencies cannot approve no -cost extensions requested merely to expend remaining funds. The request must contain
the following: 1. Amount of additional time requested 2. Explanation for the need for the extension 3. A summary of
progress to date and revised milestones
IV. PAYMENTS
a. Recipients must request reimbursement or advances using a properly completed and executed SF-270, submitted
with supporting documentation to either the ezFedGrants system or to the e-mail address specified in the statement of
work. FPAC agencies will make payment to the recipient on a reimbursable or advance basis in accordance with the
frequency specified in the statement of work.
b. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant
Page 11 of 16

to procedures contained in the Federal administrative provisions and 31 CFR Part 205. At the end of each advance
period, the recipient must provide a justification (i.e., documentation) showing the amount of advanced funds spent.
c. The method of payment between the recipient and its contractors will be in accordance with the policies and
procedures established by the recipient except that the contractors may not use the USDA Office of Financial
Management/National Finance Center method to request payments. If the recipient makes advance payments to
contractors, the recipient must ensure that the timing of such payments is designed to minimize elapsed time between
the advance payment and the disbursement of funds. Recipients must not submit requests from their contractors for
review or approval.
d. Accounting records for all costs incurred under this award must be supported by source documentation. Such
documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents.
Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this
award. All project costs must be incurred within the approved project period of this award, including any approved no -
cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the
approved project period and budget may be disallowed and may result in award funds being returned to the Federal
Government by the recipient. The level of detail and documentation required to be provided to support any individual
payment request is at the discretion of the Government.
e. Recipients must pay all costs incurred (i.e., liquidate obligations) under the award not later than 90 calendar days after
the period of performance end date.
V. FINANCIAL REPORTING
a. Recipients must submit a Federal Financial Report (FFR), SF 425 in accordance with the schedule included in the
award statement of work. Recipients must submit reports to either the ezFedGrants system or to the email address
specified in the statement of work. Failure to submit reports as required may result in suspension or termination of
award.
b. The recipient must submit a final financial report no later than 90 days after the period of performance end date. c.
The FPAC awarding agency will withhold payments under this award if the recipient is delinquent in submitting required
reports.
VI. PERFORMANCE MONITORING AND REPORTING
a. The recipient is responsible for monitoring day-to-day performance and for reporting to FPAC. If the project involves
subaward/contractual arrangements, the recipient is also responsible for monitoring the performance of project activities
under those arrangements to ensure that approved goals and schedules are met.
b. The recipient must submit a written progress report at the frequency specified in the statement of work to either the
ezFedGrants system or to the email address specified in the statement of work. Each report must cover— 1. A
comparison of actual accomplishments with the goals and objectives established for the reporting period and, where
project output can be quantified, a computation of the costs per unit of output.
2. The reasons why goals and objectives were not met, if appropriate.
3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit
costs.
c. The recipient must submit a final performance report within 90 calendar days of the period of performance end date. d.
The FPAC awarding agency will withhold payments under this award if the recipient is delinquent in submitting required
reports.
VII. AUDIT REQUIREMENTS
The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A recipient
entity that expends $750,000 or more during the recipient's fiscal year in Federal awards must have a single or program -
Page 12 of 16

specific audit conducted for that year.
VIII. SPECIAL PROVISIONS
a. The recipient assures and certifies that it will comply with the minimum -wage and maximum- hour provisions of the
Federal Fair Labor Standards Act.
b. Employees of FPAC agencies will participate in efforts under this agreement solely as representatives of the United
States. They may not participate as directors, officers, employees, or otherwise serve or hold themselves out as
representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money
through fundraising efforts. Further, FPAC employees must report to their immediate supervisor any negotiations with
the recipient concerning future employment and must refrain from participation in projects or agreements with such
recipients.
c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes
under this agreement. d. Except in very limited circumstances (e.g., construction agreements), no agreement period of
performance can exceed a total of five years, including extensions. e. Recipients who engage or assist in scientific
related activities on behalf of USDA must uphold the principles of scientific integrity established by Departmental
Regulations 1074-001, Scientific Integrity. Covered activities include engaging in, supervising, managing, and reporting
scientific work; analyzing and publicly communicating information resulting from scientific work; and utilizing information
derived from scientific work in policy and decision making. f. Recipients of awards under covered programs (as defined
in Executive Order 13858, January 31, 2019) are hereby notified that they are encouraged to use, to the greatest extent
practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States
in every contract, subcontract, purchase order, or subaward that is chargeable under the award. "Covered program"
means a program that provides financial assistance for the alteration, construction, conversion, demolition, extension,
improvement, maintenance, construction, rehabilitation, or repair of an infrastructure project in the United States.
However, it does not include programs for which a domestic preference is inconsistent with law or programs providing
financial assistance that are subject to comparable domestic preferences. g. The recipient and its employees are
prohibited from promoting, recommending, or discussing the availability of specific commercial products or services with
FPAC agency clients in the course of carrying out activities under this agreement, including any products or services
offered by the recipient, except as may be specifically allowed in the agreement.
IX. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER
a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This
regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention
developed with USDA support.
b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2
months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention
disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to:
Farm Production and Conservation Business Center Grants and Acquisitions Division 1400 Independence Avenue, SW.
Room 6819 South Building Washington, DC 20250
c. USDA receives a royalty -free license for Federal Government use, reserves the right to require the patentee to license
others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States
must manufacture it domestically.
d. The following acknowledgment of USDA support must appear in the publication of any material, whether copyrighted
or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially
based upon or developed under this award:
"This material is based upon work supported by the U.S. Department of Agriculture, under agreement number [recipient
should enter the applicable award number here]."
In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must
include the following statement:
"Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do
not necessarily reflect the views of the U.S. Department of Agriculture. In addition, any reference to specific brands or
types of products or services does not constitute or imply an endorsement by the U.S. Department of Agriculture for
those products or services."
Page 13 of 16

e. All publications printed with Federal Govemment funds will include the most current USDA nondiscrimination
statement, available from the Public Affairs Division, Civil Rights Division, or on the USDA home page. If the material is
too small to permit the full nondiscrimination statement to be included, the material must, at a minimum, include the
statement:
"USDA is an equal opportunity provider and employer."
The recipient is responsible for ensuring that an acknowledgment of USDA is made during news media interviews,
including popular media such as radio, television, and news magazines, that discuss work funded by this award in a
substantial way.
X. COST -SHARING REQUIREMENTS
a. If the award has specific cost -sharing requirements, the cost -sharing participation in other projects may not be
counted toward meeting the specific cost -share requirement of this award and must come from non -Federal sources
unless otherwise stated in the applicable program authorizing statute. b. Cost share must be documented on each SF
425 and SF 270 and in source documentation as it is provided by the recipient or third party. The required cost -share or
matching ratio must be met by the end of the agreement period of performance; however, it does not have to be
maintained for every payment request.
c. Should the recipient become aware that it may be unable to provide the cost -sharing amount identified in this award, it
must— 1. Immediately notify the FPAC administrative contact of the situation. 2. Specify the steps it plans to take to
secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost
sharing. If the recipient's plans are not acceptable to FPAC, the award may be subject to termination. FPAC
modifications to proposed cost sharing revisions are made on a case -by -case basis. Failure by the recipient to notify
FPAC in accordance with this section may result in the disallowance of some or all the costs charged to the award, the
subsequent recovery by FPAC of some of the FPAC funds provided under the award, and possible termination of the
award. It may constitute a violation of the terms and conditions of the award so serious as to provide grounds for
subsequent suspension or debarment.
d. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well as
records of costs to be paid by FPAC. If the recipient's cost participation includes in -kind contributions, the basis for
determining the valuation for volunteer services and donated property must be documented.
e. Recipients must provide notification to the agency administrative contact when adding or replacing sources of cost -
share contributions.
Xl. PROGRAM INCOME
Program income is the gross revenue generated by a Federally funded activity earned during the performance period of
the award. Program income may be earned by recipients from fees charged for conference or workshop attendance,
from rental fees earned from real property or equipment acquired with Federal funds, or from the sale of commodities or
items developed under the grant or cooperative agreement. It must fall within the guidelines at 2 CFR 200.307. Unless
identified and addressed in the award, the recipient must provide notification to the administrative contact and request
the manner it would like to treat the income (i.e., deductive or additive). Program income may be used to meet recipient
cost -share requirements with the approval of the Government. All program income must be reported on the applicable
SF 270 and SF 425.
XII. NONEXPENDABLE EQUIPMENT
Recipients purchasing equipment or products with funds provided under this award are encouraged to purchase only
American -made equipment and products. Title to nonexpendable equipment purchased with award funds will vest in the
recipient upon completion of the award project and acceptance by FPAC of required final reports. When equipment is no
longer needed by the recipient and the per -unit fair market value is less than $5,000, the recipient may retain, sell, or
dispose of the equipment with no further obligation to FPAC. However, if the per -unit fair market value is $5,000 or more,
the recipient must submit a written request to the FPAC administrative contact for disposition instructions.
XIII. LIMIT OF FEDERAL LIABILITY
The maximum financial obligation of FPAC to the recipient is the amount of funds indicated in the award as obligated by
FPAC. However, if an erroneous amount is stated on the approved budget, or any supporting document relating to the
award, FPAC will have the unilateral right to make the correction and to make an appropriate adjustment in the FPAC
share of the award to align with the Federal amount authorized.
Page 14 of 16

XIV. MODIFICATIONS AND TERMINATIONS
The parties may amend this award through an exchange of correspondence between the authorized signatory of each or
via formal amendment document. The award is subject to termination if FPAC determines that the recipient has failed to
comply with the terms and conditions of the award. If the award is terminated, the guidelines at 2 CFR 200.339-42 will
govem the obligations of the parties.
XV. PRIVACY ACT AND PROHIBITION AGAINST CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
a. Activities performed under this award may involve access to confidential and potentially sensitive information about
govemmental and landowner issues. The term "confidential information" means proprietary information or data of a
personal nature about an individual, or information or data submitted by or pertaining to an organization. This information
must not be disclosed without the prior written consent of FPAC.
b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.
C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject
to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural
resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171).
c. The recipient agrees to comply with the "Prohibition Against Certain Internal Confidentiality Agreements:"
1. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or
comply with intemal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information. 2. You must notify your employees, contractors, or
subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph
(1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not
contravene requirements applicable to any other form issued by a Federal department or agency governing the
nondisclosure of classified information. 4. If FPAC determines that you are not in compliance with this award provision,
FPAC: i. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the
Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; ii. May pursue other
remedies available for your material failure to comply with award terms and conditions. XVI. ACKNOWLEDGMENT OF
SECTION 1619 COMPLIANCE
The recipient agrees to comply with FPAC guidelines and requirements regarding the disclosure of information protected
under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110-246), 7 U.S.C. 8791 as described
below.
a. Responsibilities. 1. Acceptance of this award indicates acknowledgment and understanding that the recipient is legally
bound by Federal statute to comply with the provisions of Section 1619 and that the recipient will not subsequently
disclose information protected by section 1619 to any individual or organization that is not directly covered by this award.
Any such subsequent disclosure of the protected information (except as permitted under Section 1619) will be
considered a violation of Section 1619. The recipient will be held responsible should disclosure of the protected
information occur.
2. Acceptance of this award legally binds every owner, manager, supervisor, employee, contractor, agent, and
representative of the recipient to comply with the provisions in Section 1619. The recipient must consult with FPAC prior
to providing protected information to an entity or individual outside of the recipient and as necessary to implement the
program to ensure that such release is permissible.
3. The recipient will use the protected information only to perform work that is directly connected to this award. Use of
the protected information to perform work that is not directly connected to this award is expressly prohibited.
4. The recipient must internally restrict access to the protected information to only those individuals who have a
demonstrated need to know the protected information to perform work under this award.
5. The provisions in Section 1619 are continuing obligations. Even when the recipient is no longer a recipient, or when
individuals currently affiliated with the recipient become no longer so affiliated, every person having been provided
access to the protected information will continue to be legally bound to comply with these provisions.
6. The recipient must notify all managers, supervisors, employees, contractors, agents, and representatives about this
provision and the requirements of Section 1619. Notifications about the existence of this provision must be made to
those individuals who are new to the organization and periodic notifications must be sent throughout the organization (as
well as to all contractors and agents) to remind all about the ongoing and continuing requirements.
Page 15 of 16

7. When the recipient is unsure whether particular information is covered or protected by Section 1619, the recipient
must consult with FPAC to determine whether the information must be withheld.
8. Use of the protected information for any purpose is expressly prohibited after the period of performance end date of
this award. Upon the award end date, any protected information provided under this award must be immediately
destroyed or returned to FPAC. The recipient must provide to FPAC written certification that the protected information
(paper copy, electronic copy, or both) has been properly destroyed, removed from any electronic storage media, or both.
9. Any State's "sunshine law," "open records act" or other version of the Freedom of Information Act is superseded by
section 1619 under the Supremacy Clause of the U.S. Constitution. Accordingly, information protected from disclosure
by section 1619 must not be released under such State laws.
b. Protected Information.
1. Examples of the types of information prohibited by disclosure under Section 1619 include, but are not limited to, the
following:
i. State identification and county number (where reported and where located). ii. Producer or landowner name, business
full address, phone number, Social Security Number, and similar personal identifying information. iii. Farm, tract, field,
and contract numbers. iv. Production shares and share of acres for each Farm Serial Number (FSN) field. v. Acreage
information, including crop codes. vi. All attributes for Common Land Units (CLUs) in USDA's Geospatial Information
System vii. Any photographic, map, or geospatial data that, when combined with other maps, can be used to identify a
landowner. viii. Location of conservation practices.
2. Section 1619 allows disclosure of "payment information (including payment information and the names and addresses
of recipients of payments) under any Department program that is otherwise authorized by law" (emphasis added). The
names and payment information of producers generally may be provided to the public; however, the recipient shall
consult with FPAC if there is any uncertainty as to the provision of such information.
3. Section 1619 also allows disclosure of otherwise protected information if "the information has been transformed into a
statistical or aggregate form without naming any—(i) individual owner, operator, or producer; or (ii) specific data
gathering cite." The recipient must consult with FPAC as to whether specific information falls within this exception prior to
relying on this exception.
c. Violations. The recipient will be held responsible for violations of this provision and Section 1619. A violation of this
provision by the recipient may result in action by FPAC, including termination of the underlying Federal award.
d. Effective Period. The requirements of this provision is effective on the date of the final signature and will continue until
FPAC notifies the recipient that it is no longer required based on changes in applicable Federal law.
XVII. AWARD CLOSEOUT
a. Award closeout is the process by which FPAC determines that all required project activities have been performed
satisfactorily and all necessary administrative actions have been completed. b. The recipient must submit, no later than
90 calendar days after the end date of the period of performance, all financial, performance, and other reports as
required by the terms and conditions of the agreement, including documentation showing that match or cost -share
requirements have been met. The awarding agency may approve extensions when requested by the recipient. c. Unless
the awarding agency authorizes an extension, the recipient must liquidate all obligations incurred under the agreement
not later than 90 calendar days after the end date of the period of performance. d. Recipients must submit all requests
for reimbursements no later than 90 calendar days after the end date of the period of performance. e. The recipient must
promptly refund any balances of unobligated cash that the awarding agency paid in advance or paid and that are not
authorized to be retained by the recipient for use in other projects. See OMB Circular A-129 and see §200.345 Collection
of amounts due, for requirements regarding unreturned amounts that become delinquent debts. f. Recipients must retain
all records pertaining to the agreement in accordance with 2 CFR 200.333-337 and any additional requirements included
in the agreement statement of work. g. Recipients must follow disposition requirements for property acquired with award
funds in accordance with 2 CFR 200.310-316.
Page 16 of 16

DWR Pre -Filing Meeting Request Form
ID#*
Regional Office *
Reviewer List*
20210546
Version*
1
Wilmington Regional Office - [phone]
Robb Mairs
Pre -Filing Meeting Request submitted 3/12/2021
Contact Name * Joseph Sullivan
Contact Email Address* [e-mail]
Project Name * Smith Creek Stream Stabilization
Project Owner* New Hanover County
Project County* New Hanover
Owner Address: Street Address
4505 Falls of Neuse Road Suite 400
Address Line 2
City State / Rovince / Region
Raleigh NC
Fbstal / Zip Code Country
27609 US
Is this a transportation project?* C Yes ( No
Type(s) of approval sought from the DWR:
l 401 Water Quality Certification - I— 401 Water Quality Certification -
Reg ula r Express
I— Individual Permit I— Modification
I— Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes ( No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information.*

In 2018, Hurricane Florence inflicted significant damages throughout
New Hanover County including substantial flooding of drainage
systems and natural streams and creeks throughout the County. New
Hanover County has received funding through the USDA NRCS
Emergency watershed Protection Program (EWP) to remove debris
and sediment from creeks and drainage ways throughout the County
and to repair/restore areas that were identified in the aftermath of
Hurricane Florence. One of the most damaged, unstable, and actively
eroding stream segments identified was on Smith Creek.Other
purposes include reducing upstream flooding, and restoring
streambanks and riparian habitat.
Please give a couple of dates you are available for a meeting.
3/22/2021
3/29/2021
Please attach the documentation you would like to have the meeting about.
SmithCreek StreamStabilization.pdf 754.8KB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• !also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 3/12/2021

$R1Dt •
:�RiCE GATE
,•
I W 2
4.1
'A.. ai w
MVRRAYYILLE Aci
POrOMAc OR
Figure 2. USGS Map
Smith Creek Site - New Hanover County, NC
N
s
1,000 500 0
1,000
Feet
LJ Approximate Project Extent
Image Source: USGS National Map, Scotts Hill Quadrangle

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Secretary D. Reid Wilson
April 1, 2021
Joe Sullivan
KCI Technologies
4505 Falls of Neuse Road, Suite 400
Raleigh, NC 27609
[e-mail]
Re: Smith Creek stabilization / restoration site, Dove Field Drive to Quail Woods Road, Wilmington,
New Hanover County, ER 21-0694
Dear Mr. Sullivan:
Thank you for your letter of March 3, 2021, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

Project Stream Impacts
Smith Creek Site - New Hanover County, NC
Non -Impacted Stream
Project Area
Existing Pond •• Temporary Stream Impacts
N
200 100 0
200
Feet
Image Source: 2016 NC Statewide Aerial Imagery
Stream Bank Stabilization Areas

Figure NRCS Soil Map
Smith Creek Site - New Hanover County, NC
Study Area
s
300 150 0
300
Feet
Image Source: New Hanover County (1977)
NRCS Soil Survey- Sheet 12

COUNTY CONTRACT NUMBER
SHEET
TOTAL
00
\MURSAYVILLE
^/ ^///� ^f//�
NO.
1
SHEETS
7
00
u0
KCI JOB# : 16200
RD. p
\) °N
DSR#: 37-03-18-5038-2010
r
GORDON RD.PROJECT
SMITH CREEK
\
LOCATION
GoR
O
STREAMBANK S TABILIZA TION
,v Rp
au
NEW HANOVER COUNTY, NORTH CAROLINA
im
VICINITY MAP
NOT TO SCALE
L J
I-
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QUAIL WOODS RD.
c)
\
\
pp
b
L
L
r
REPAIR
AREA #1
v
REPAIR
AREA #2
m
r
0
I
SMITH
CREEK /r
1
SHEET 3
FLOW
1
1 SHEET 4
ff L
/ --- -----
7
0
PRELIMINARY
NOT FOR
PLANS
CONSTRUCTION
e
DIRECTIONS TO SITE
INDEX OF SHEETS
Prepared In the Office of:
i PROJECT ENGINEER 1
�`
TAKE 1-40 E TO WILMINGTON. TAKE EXIST
1 TITLE SHEET
ASSOCIATES OF NC
4i8*
420 FOR NC-132N TOWARD US-117N.
CONTINUE ONTO NC-132 N /N COLLEGE
RD FOR ABOUT A MILE. TURN RIGHT
2 GENERAL NOTES & PROJECT LEGEND
3-4 SITE PLANS
5-6 CROSS -SECTIONS
TS
ENGINEERS•PLANNERSRSECECOOGISTS
4505 FALLS OF NEUSE ROAD
SUITE 400
RALEIGH, NC 27609
ONTO MURRAYVILLE RD. TURN RIGHT
ONTO QUAIL WOODS RD. TURN LEFT
ONTO DOVE FIELD DRIVE. PARKING IS
7 PUMP -AROUND EXAMPLE
Prepared for: Laur+�r.N
Jyr
NEW HANOVER
Prepared by:
KRISTIN E. KNIGHT, PE
AVAILABLE IMMEDIATELY TO THE LEFT IN
EMPTY GRAVEL LOT.
COUNTY ! �Ai �.
DEPARTMENT OF ENGINEERING - �A/�
23D WILMINGTONT CCE28 FOR DR. w1 aee
pT � I
PROJECT ENGINEER
ALEX FRENCH
4 ce
PROJECT DESIGNER
P.E.
1
`SIGNATURE:

PROJECT LEGEND:
EXISTING: PROPOSED:
MANHOLE QS NEW ALIGNMENT
SANITARY SEWER SS LIVE LIFT
EX. CONTOURS (5FT) COIR MATTING PROTECTION
EX. CONTOURS (1FT) STONE STABILIZATION
GENERAL NOTES:
1. THE BASIS OF THE BEARING SHOWN HEREON IS NC STATE
PLANE GRID NORTH (NAD 83/2011) BASED ON REAL TIME
KINEMATIC GPS OBERVATIONS (VRS) TAKEN IN FEBUARY 2021.
2. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN
VERTICAL DATUM 88 (NAVD88).
3. BOUNDARY SHOWN HEREON IS APPROXIMATE AND TAKEN
FROM EXISTING RECORD INFORMATION
ALONG WITH FOUND MONUMENTATION IN THE FIELD.
4. THE LOCATION OF SUB SURFACE UTILITIES AS SHOWN HEREON
ARE BASED ON FIELD LOCATION OF VISIBLE AND OBVIOUS
SURFACE FEATURES ALONG WITH S.U.E. LEVEL B DESIGNATING BY
KCI IN FEBRUARY2021.
CONTROL POINTS:
NORTHING EASTING ELEV.
1 199865.622 2352540.917 38.192
2 199624.223 2352583.995 35.739
3 199474.277 2351698.849 36.366
4 199336.210 2351830.464 31.543
5 199269.791 2351672.932 30.630
101 199865.632 2352540.924 38.218
102 199624.188 2352583.986 35.833
900 199434.851 2352292.139 33.496
Z
0
_
1
w
— z
Ili
CD
SMITH CREEK
STABILIZATION
NEW HANOVER COUNTY, NORTH CAROLINA
DATE: MAY 2021
SCALE. N.T.S.
GENERAL
NOTES &
PROJECT
LEGEND
SHEET 2 OF 7

X
1•
1
HOUSE
INSTALL SUPPORT PIERS AT EITHER
BANK TO SUPPORT SUSPENDED
SEWER LINE. PLACE STONE
PROTECTION AT POINTS THE
SEWER LINE MEETS THE BANK. ----
/
/
/
/SMH
// RIM:37.63'
/ IN:25.88' 8" PVC10" (N)
/ OUT: 24,54' // OUT: (SE CLOSED) DIP (SW)
SHED
•
•
NOTES:
REMOVE ALL CONCRETE, MISC.
DEBRIS AND UNDESIRABLE EARTH
PRIOR TO BACKFILLING ERODED
BANK.
HAUL ROADS, OUTSIDE OF THE
SANITARY SEWER LINE EASEMENTS,
SHALL BE PLANTED WMTH BARE
ROOTS PLANTS.
•
•
-10' 0'
5
SMITH CREEK
(EXISTING CENTERLINE)a°1'11:n,
-`161111111111111IiiiiiiiiiiiiiitiMMOMBILIMEMMUSINFII7rewiri
-'41,211UOMMOMMOO:!!!!!!!!!!!!!!1204101111W
, ^♦
SHED
HOUSE
INSTALL 900G COIR M
ANY AREAS DISTURBE
PROTECTION INSTALL
AROUND ANY EXISTIN
ATTING ALONG
D FROM STONE
ATION. INSTALL
G TREES.
INSTALL 900G COIR MATTING ALONG
TOP HALF OF NEWLY GRADED BANK.
SEE CROSS-SECTION SHEET FOR
MORE DETAIL. /
/
XI
X,
HOUSE
STONE BANK STABILIZATION.
SEE CROSS-SECTION SHEET
FOR MORE DETAIL.
X—TX X
/o���•��.Z'
MUM
tomum
\\ '_PR_OPOSED C_ENTE_RLIN_E___♦\
___l_—�_--_ ----- --- — _-
•'- FLOW
10'
20'
GRAPHIC SCALE
i
fn
\
\
•
•
\
\
\
ABANDONED SEWER LINE: \
SUSPENDED SECTION AT STREAM
CROSSING TO BE CUT AND
DISCARDED. SEAL ENDS WITH
CONCRETE PRIOR TO FINISHING
BANKS.
\,\ \\-
\
\
EXISTING FENCE
•
•
♦
•
•
•
♦
I
_ lex sM cH CREEK L-
----�f=_=�ER�-- -- ------
\
•
GRADE LEFT BANK BACK TO CREATE \ '
LOWER BANK FOR ENERGY \ '
DISSIPATION. USE EXCESS MATERIAL 1`
TO BALANCE CUT/FILL FROM REPAIR
AREAS 1 AND 2. STABILIZE WITH 900G —
COIR MATTING. SEE CROSS-SECTION
SHEET FOR MORE DETAIL.
\
/
/
/
/
/
/
/
/
/
\
0
IN
cc
ENGINEERS • PLANNERS • SCIENTISTS
SMITH CREEK
STABILIZATION
NEW HANOVER COUNTY, NORTH CAROLINA
onre: MAY 202
GRAPHIC
SITE PLAN
REPAIR AREA 1
SHEET 3 OF 7

55
/ss
00.
HOUSE
35
�\
•
\
/
- / \
SMITH CREEK
RLM)
(EXISTING CENT-E- _ E-
FLOW \
\• i \ ��
X
I WC-)
Z
W
LL
I O
z
1-
U)
X w
\I 1
\
-------//
SS
SS /
35
•
SMH
RIM:35.44'
IN:25.03' 12" DIP
OUT:25.00' 12" DIP
HOUSE
•
•
HOUSE
X
DOVE FIELD DR.
ENHANCE EXISTING
RIPRAP APPRON WITH
CLASS B STONE. TIE
INTO NEW LIFTS
EXISTIN, 60 CMP
X
PROPOSED LIVE LIFT WITH
STONE TOE PROTECTION.
SEE CROSS-SECTION
SHEET FOR MORE DETAIL.
(REMOVE ALL CONCRETE, MISC.
DEBRIS AND UNDESIRABLE
EARTH PRIOR TO BACKFILLING
ERODED BANK)
EXISTING FENCE TO BE
TEMPORARILY REMOVED TO ALLOW
EQUIPMENT ACCESS TO REPAIR
AREA. REPLACE WITH NEW FENCE,
MATCHING EXISTING STYLE.
�X-
/
SS i
SS
SS
NOTES:
HAUL ROADS, OUTSIDE OF THE
SANITARY SEWER LINE EASEMENTS,
SHALL BE PLANTED WITH BARE
ROOTS PLANTS.
REMOVE ALL CONCRETE, MISC.
DEBRIS AND UNDESIRABLE EARTH
PRIOR TO BACKFILLING ERODED
BANK.
-10' 0' 10' 20'
GRAPHIC SCALE
SMITH CREEK
HOUSE
N
O
N
ENGINEERS • PLANNERS • SCIENTISTS
SMITH CREEK
STABILIZATION
NEW HANOVER COUNTY, NORTH CAROLINA
CALE: GRAPHIC
SITE PLAN
REPAIR AREA 2
SHEET 4 OF 7

CROSS-SECTION
45' Repair Area 1 (looking downstream
40'
35'
30'
25'
20'
NOTES:
REMOVE ALL CONCRETE, MISC. DEBRIS AND UNDESIRABLE
EARTH PRIOR TO BACKFILLING ERODED BANK.
*ALL PLANTING ITEMS SHALL BE INSTALLED DURING THE
DORMANT SEASON.
HAUL ROADS, OUTSIDE OF THE SANITARY SEWER LINE
EASEMENTS, SHALL BE PLANTED WITH BARE ROOT PLANTS
AT 10' SPACING. BARE ROOT PLANTS SHALL COMPOSE OF
THE FOLLOWING SPECIES: SYCAMORE (PLANTANUS
OCCIDENTAL'S), RIVER BIRCH (BETULA NIGRA), AND WAX
MYRTLE (MYRICA CERIFERA).
CONTAINER TREE SPECIES SHALL COMPOSE OF THE
FOLLOWING SPECIES: RIVER BIRCH (BETULA NIGRA), WAX
MYRTLE (MYRICA CERIFERA), AND E. RED BUD (CERCIS
CANADENSIS).
LIVE STAKE SPECIES SHALL COMPOSE OF THE FOLLOWING
SPECIES: BLACK WILLOW (SALIX NIGRA), SILKY WILLOW
(SALIX SERICEA), AND SILKY DOGWOOD (CORNUS
AMOMUM).
—3' 0' 3' 6'
0
Q
0)
INSTALL TWO ROWS OF
CONTAINER TREES AT 5'
SPACING.
INSTALL THREE ROWS OF
CONTAINER TREES AT 5'
SPAC NG.
GRADE LEFT BANK BACK IN ORDER TO
HARVEST A CUT / FILL BALANCE WITH
ERODED RIGHT BANKS. STABILIZE WITH
900G COIR MATTING. WOODEN STAKES
NOT SHOWN FOR PLANTING CLARITY
INSTALL 1.5'x2"x2" WOODEN STAKES
(WITH NAIL AT TOP) AT 3' SPACING.
AP
INSTALL TWO ROWS OF
LIVE STAKES AT 3'
SPACING
co
+
N
u
w
w
ELEV. = 23.4'
STONE TOE EXTENDS
APPROX. 2' BELOW
BASE FLOW WATER
SURFACE
ELEV. = 26.0'
—
°�if
oc oOd Iy-
5'
ELEV. = 31.
ELEV. = 37.
1-
O
w
1-
GRAPHIC SCALE
MATCH EXISTING YARD
INSTALL 1.5'x2"x2" WOODEN STAKES
(WITH NAIL AT TOP) AT 3' SPACING
INSTALL 900G COIR MATTING ALONG
TOP HALF OF NEWLY GRADED BANK.
TUCK COIR MATTING BEHIND STONE
MIXTURE TO LOCK IN PLACE.
t
USE SUITABLE CUT MATERIAL
HARVESTED FROM LEFT BANK
TO BACKFILL ERODED BANK
GEOTEXTILE FABRIC
EXTEND 1.5' DEEP STONE MIXTURE
/
HALF WAY UP ERODED BANK.
50% CLASS B STONE / 50% CLASS 1 STONE
(UNDERLAIN WITH NON -WOVEN
GEOTEXTILE FILTER FABRIC)
STONE TOE/BASE:
50% CLASS B STONE
50% CLASS 1 STONE
0
— z
SCIENTISTS
7T:
N
▪ E
0▪ 0
W U
uJr
z
z0
0z
J 5
LL J
SMITH CREEK
STABILIZATION
NEW HANOVER COUNTY, NORTH CAROLINA
DATE: MAY 2021
SCALE: GRAPHIC
15'
0+00' 0+10' 0+20' 0+30' 0+40'
0+50' 0+60' 0+70' 0+80'
CROSS-SECTION
REPAIR AREA 1
SHEET 5 OF 7

CROSS-SECTION
Repair Area 2 (looking downstream
45'
40'
35'
30'
25'
20'
NOTES:
REMOVE ALL CONCRETE, MISC. DEBRIS AND UNDESIRABLE
EARTH PRIOR TO BACKFILLING ERODED BANK AND
INSTALLING LIVE LIFTS.
*ALL PLANTING ITEMS SHALL BE INSTALLED DURING THE
DORMANT SEASON.
HAUL ROADS, OUTSIDE OF THE SANITARY SEWER LINE
EASEMENTS, SHALL BE PLANTED WITH BARE ROOT PLANTS
AT 10' SPACING. BARE ROOT PLANTS SHALL COMPOSE OF
THE FOLLOWING SPECIES: SYCAMORE (PLANTANUS
OCCIDENTALIS), RIVER BIRCH (BETULA NIGRA), AND WAX
MYRTLE (MYRICA CERIFERA).
CONTAINER TREE SPECIES SHALL COMPOSE OF THE
FOLLOWING SPECIES: RIVER BIRCH (BETULA NIGRA), WAX
MYRTLE (MYRICA CERIFERA), AND E. RED BUD (CERCIS
CANADENSIS).
LIVE STAKE SPECIES SHALL COMPOSE OF THE FOLLOWING
SPECIES: BLACK WILLOW (SALIX NIGRA), SILKY WILLOW
(SALIX SERICEA), AND SILKY DOGWOOD (CORNUS
AMOMUM).
0
Z
0
0
w
-3' 0' 3' 6'
GRAPHIC SCALE
USE 900G COIR MATTING BACKED WITH
BURLAP TO BUILD LIFTS. BACKFILL WITH
ON -SITE SUITABLE GROWING MATERIAL
APPROVED BY DESIGNER.
INSTALL LIVE STAKES AT TOP OF
EACH LIFT LAYER AT 2' SPACING.
STA. = 0+57.6'
ELEV. = 26.1'
i
STONE TOE EXTENDS/
APPROX. 2' BELOW
BASE FLOW WATER
SURFACE
N
Y
-
H
ELE
o
ELEV. = 30
ELEV. = 31.6'
STA. = 0+69.
ELEV. = 33.0'
ELEV. = 34.
STA. = 0+75.
ELEV. = 35.8'
1-
O
W
1-
MATCH EXISTING YARD
W
U
z
W
LL
C7
z
w
(TO BE REMOVED TEMPORARILY)
2
INSTALL 1.5'x2"x2" WOODEN STAKES
(WITH NAIL AT TOP) AT 3' SPACING
•O6 Cam_
OIr o (- 0 C 5,
fl
1<
TUCK MATTING FROM FIRST
LIFT LAYER BEHIND STONE
TOE / BASE
STONE TOE/BASE:
50% CLASS B STONE
50% CLASS 1 STONE
SMITH CREEK
STABILIZATION
NEW HANOVER COUNTY, NORTH CAROLINA
DATE: MAY 2021
KALE: GRAPHIC
15'
0+00' 0+10' 0+20' 0+30' 0+40' 0+50' 0+60' 0+70' 0+80'
REPAIR AREA 2
CROSS-SECTION
SHEET 6 OF 7

EXACT LAYOUT OF PUMP -AROUND OPERATIONS MAY
NEED TO BE ADJUSTED DEPENDING ON HOW
CONTRACTOR PLANS TO ACCESS BANKS FOR REPAIR AND
ON SITE CONDITIONS DURING CONSTRUCTION.
UTILIZE A STABILIZED OUTLET FOR
THE DISCHARGE OF CLEAN WATER
(SEE DETAIL THIS SHEET).
NOTE: DISCHARGE MAY OCCUR IN
DEEP POOL IF BED DISTURBANCE CAN
BE ELIMINATED.
IMPERVIOUS DIKE -----
(SEE DETAIL THIS SHEET) —
SMITH CREEK
,
i
i
i
..—..—..—..—..—.._..—.._.._..—.._..—..—. . ..—.._..—..�..�.._..�..�.._.._.._.._..�..��� \
SILT BAG WITH
ROCK PAD
TSEE DETAIL
HIS SHEET)
DEWATERING
PUMP
i
TEMPORARY J
FLEXIBLE HOSE
IMPERVIOUS
SHEETING
SAND BAGS
SAND
BAGS
WRAP SHEETING
UNDER DIKE MATERIAL
SECTION AA
NOT TO SCALE
IMPERVIOUS
SHEETING
FLOW
STREAMBED
NOTES:
DIKE MATERIAL SHALL BE LARGE SANDBAGS.
WATERBAGS OR OTHER NON -EARTHEN IMPERVIOUS
MATERIAL MAY BE USED UPON APPROVAL OF
THE DESIGNER.
DIKE MATERIAL MAY NOT BE EARTH OR DIRT.
DIKE MATERIAL MUST CONFORM TO THE SHAPE
OF THE STREAM CHANNEL AND MUST BE HIGH
ENOUGH IN THE CHANNEL TO NOT ALLOW
FLOW TO OVERTOP THE DIKE.
IMPERVIOUS SHEETING SHOULD BE PLASTIC OR
RUBBER SHEETING THICK ENOUGH TO NOT BE
EASILY PUNCTURED GIVEN THE CONDITIONS OF
THE CHANNEL.
ROCKS, SANDBAGS, OR OTHER WEIGHTS (NOT
DIRT OR EARTH) MAY BE USED TO WEIGH DOWN
THE SHEETING TO ENSURE THAT THERE IS PROPER
CONTACT BETWEEN THE SHEETING AND THE BANKS
AND BED OF THE CHANNEL.
IMPERVIOUS DIKE DETAIL
SCALE: NTS
PUMP -AROUND
PUMP(S)
STILLING BASIN MAINTENANCE:
1. SEDIMENT BAGS SHALL BE REPLACED AND DISPOSED OF WHEN IT IS THREE-QUARTERS
FULL OF SEDIMENT OR WHEN IT IS IMPRACTICAL FOR THE BAG TO FILTER THE SEDIMENT
OUT AT A REASONABLE FLOW RATE.
2. ACCUMULATED SEDIMENT SHOULD BE DISPOSED OF IN A DESIGNATED DISPOSAL AREA.
3. SPENT BAGS SHOULD BE DISPOSED OF PROPERLY AND NOT BURIED.
GRAVEL PADS SHOULD BE CHECKED DAILY DURING USE TO ENSURE THAT GRAVEL HAS NOT
BEEN WASHED AWAY OR BEEN CHOKED BY EXCESSIVE SEDIMENTATION.
4. REPLACE PAD WITH CLEAN GRAVEL, AS NEEDED.
EXISTING TERRAIN SILT BAG
15.0-20.0ft.
FILTER FABRIC
8.0 IN. DEPTH
CLASS A STONE
(DIA.=2" TO 6")
STREAMBANK
NOTE: PROVIDE STABILIZED OUTLET DOWN BANK TO STREAM
SPECIAL STILLING BASIN (SILT BAG) WITH ROCK PAD
SCALE: NTS
SMITH CREEK --
—
==_=
_1
INLET FOR CLEAN WATER TO
BE RAISED OFF OF STREAM
BOTTOM. THIS MAY REQUIRE
PLACEMENT OF GRAVEL
UNDER INTAKE.
N
z
O
cc
—10' 0' 10' 20'
GRAPHIC SCALE
SEQUENCE OF DEWATERING OPERATIONS
ANY DEVIATION FROM ABOVE DEWATERING PLAN
WILL REQUIRE DESIGNER APPROVAL.
1. INSTALL SILT BAGS(S) AND ROCK PAD(S) AND STABILIZED OUTLET.
2. INSTALL UPSTREAM PUMP(S) AND TEMPORARY FLEXIBLE HOSE.
3. PLACE UPSTREAM IMPERVIOUS DIKE AND BEGIN PUMPING
OPERATIONS FOR STREAM DIVERSION.
4. PLACE DOWNSTREAM IMPERVIOUS DIKE AND PUMPING
APPARATUS. DEWATER ENTRAPPED AREA.
5. PERFORM REPAIR WORK IN ACCORDANCE WITH THE PLANS.
6. EXCAVATE ANY ACCUMULATED SILT AND DEWATER BEFORE
REMOVAL OF IMPERVIOUS DIKES. REMOVE IMPERVIOUS
DIKES. PUMPS, AND TEMPORARY FLEXIBLE HOSE
(DOWNSTREAM IMPERVIOUS DIKES FIRST).
7. REMOVE SILT BAG(S) AND STABILIZE DISTURBED AREA WITH
SEED AND MULCH.
SMITH CREEK
ENGINEERS • PLANNERS • SCIENTISTS
STABILIZATION
DAiDI MAY 202
SUEE2 GRAPHIC
PUMP -AROUND
EXAMPLE
SHEET 7 OF 7

KCI
ASSOCIATES OF NC
ISO 9001:2008 CERTIFIED
ENGINEERS • PLANNERS • SCIENTISTS • CONSTRUCTION MANAGERS
4505 Falls of Neuse Rd., Suite 400 • Raleigh, NC 27609 • Phone [phone] • Fax [phone]
April 22, 2021
Mr. Brad Shaver
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Subject: Request for Preliminary Jurisdictional Determination
Smith Creek Stabilization/Restoration Site
New Hanover County, North Carolina
Dear Mr. Shaver;
KCI has completed a delineation of streams and wetlands for the above referenced project. The
attached information, including required forms, tables, and figures, is submitted for your review and
determination of jurisdiction under the Clean Water Act (CWA).
Project Description & Methodology
As shown in Figure 1, the Smith Creek Stabilization/Restoration Site is located in New Hanover
County, NC within the Cape Fear River Basin (USGS HUC 03030007). New Hanover County has
received funding through the USDA NRCS Emergency watershed Protection Program (EWP) to
remove debris and sediment from creeks and drainage ways throughout the County and to
repair/restore areas that were identified in the aftermath of Hurricane Florence.
This delineation was performed in compliance with methodology set forth in the U.S. Army Corps of
Engineers (USACE) Wetland Delineation Manual (USACE 1987) and subsequent guidance including
the Eastern Mountains and Piedmont Regional Supplement. Streams were assessed for jurisdiction
under the CWA using field indications of ordinary high water mark.
Wetlands were delineated using survey flagging at regular locations along the wetland -upland
boundary. All boundaries either form complete polygons, tie to surface water features such as streams
or ponds, or tie to the edge of the study area. Streams points were collected using sub -meter GPS
technology at representative points to depict center lines. Wetland Determination Forms were
completed for each type of wetland community encountered.
THE MOST INCREDIBLE THING WE'VE ENGINEERED IS OUR TEAM WWW.KCI. COM

Delineation Results
Figure 2 is presented using the Scotts Hill US Geological Survey 1:24,000 Quadrangle Map. Figure
3 presents the results of the delineation, including streams and wetlands overlaid on 2016 Statewide
Aerial Photographs.
Table 1 presents detailed information on the jurisdictional stream within the study area, including
status (intermittent or perennial), length, width, and latitude/longitude. Based on field data,
approximately 1,271 linear feet of stream are present within the study area. Based on field data, there
are no wetlands present within the study area.
Table 2 presents detailed information on each surface water feature including its associated stream
and wetland, acreage, and latitude/longitude. One pond, totaling 0.51 acres of surface water, is present
within the study area.
We respectfully request your review of this information, so that a preliminary jurisdictional
determination under the CWA may be obtained. If you have any questions or need additional
information, please contact me at [phone] or [e-mail].
Sincerely,
KCI Associates of North Carolina
Joseph Sullivan
Environmental Scientist
Attachments:
- Jurisdictional Determination (JD) Request Form
- Preliminary Jurisdictional Determination Form
- Table 1: Stream Summary Table
- Table 2: Open Water Summary Table
- Figure 1: Vicinity Map
- Figure 2: USGS Map
- Figure 3: Potential Waters of the U.S. Map
- Wetland Data Form
THE MOST INCREDIBLE THING WE'VE ENGINEERED IS OUR TEAM WWW.KCI. COM

Jurisdictional Determination Request
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www. saw.usace. army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator. aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Depaitiuent of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 1211 Harris Rd
City, State: Wilmington, NC
County: New Hanover
Parcel Index Number(s) (PIN): 3159-29-0279.000
B. REQUESTOR INFORMATION
Name: Joe Sullivan, KCI Technologies Inc.
Mailing Address: 4505 Falls of Neuse Rd, Suite 400
Telephone Number:
Electronic Mail Address:
Select one:
o
❑
EI
o
Raleigh, NC 27609
919-278-2533
[e-mail]
I am the current property owner.
I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION2
Name: New Hanover County
Mailing Address: 230 Government Center Dr
Telephone Number:
Electronic Mail Address:
Wilmington NC, 28403
N/A
N/A
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
6 -\)k `Vey
Print Name
Capacity: ❑ Owner ✓❑ Authorized Agents
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid alljurisdictional aquatic resources under Corps authority.
✓❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
n I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
RA Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
0
I believe that the site may be comprised entirely of dry land.
❑
Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
n
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area 5.21 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017
Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
z
Project Coordinates (Decimal Degrees): Latitude: 34.2923
Longitude: -77.8339
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
• North Arrow
• Graphical Scale
• Boundary of Review Area
• Date
• Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
• Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
• Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
• Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
• Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
n
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Pro gram/Jurisdiction/
Version: May 2017
Page 5

Jurisdictional Determination Request
0
z
Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Forma
Vicinity Map
Aerial Photograph
USGS Topographic Map
n Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
' www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf
s Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro gram/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Joseph Sullivan, 4505 Falls of Neuse Rd; Suite 400, Raleigh, NC 27609
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: N
County/parish/borough: New Hanover
Center coordinates of site (lat/long in degree decimal format):
Lat.: 34.2923 Long.: -77.8339
Universal Transverse Mercator:
Name of nearest waterbody: Smith Creek
City: Wilmington
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)

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 AJD 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:Vicinity Map
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
n Office concurs with data sheets/delineation report.
n 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 Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name: Scotts Hill 1:24K
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
• Photographs: • Aerial (Name & Date): 2016 Statewide Aerial Photographs
or n Other (Name & Date):
n Previous determination(s). File no. and date of response letter:
n 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
determi nations.
Signature and date of
Regulatory staff member
completing PJD
Joe Sullivan
Dig M1ally signed by Joe DP, c,Joe Sullivan, I�ow
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.

Smith Creek Stabilization/Restoration Site
Stream and open Water Tables April 2021
Table 1.
Stream Name
Stream Status
Bankfull
Height
(Feet)
Bankfull
Width
(Feet)
Length
(Feet)
DWQ
Score
Lat
Long
Smith Creek
Perennial
7
15
1,122
-
34.2926
-77.8334
T1
Perennial
2
5
149
-
34.2923
-77.8339
Table 2.
Pond ID
Abutting
Stream/Wetland
Area
(Acres)
Latitude
Latitude
P1
T1
0.51
34.2919
-77.8335
PEM = Palustrine Emergent
PFO = Palustrine Forested
X = Data form completed
Page 1 of 1

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Figure 1. Vicinity Map
Smith Creek Site - New Hanover County, NC W
N
s
E
1,000 500 0
1,000
Feet
J Approximate Project Extent
Image Source: ESRI World Street Map

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Figure 2. USGS Map
Smith Creek Site - New Hanover County, NC
N
s
1,000 500 0
1,000
Feet
LJ Approximate Project Extent
Image Source: USGS National Map, Scotts Hill Quadrangle

Figure 3. Potential WOTUS Map
Smith Creek Site - New Hanover County, NC
Study Area Non -Wetland Waters (Perennial Streams)
Non -Wetland Waters (Pond)
N
200 100 0
200
Feet
Image Source: 2016 NC Statewide Aerial Imagery

WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Project/Site: Mott Creek Stream Restoration Site City/County: New hanover
Sampling Date: 1/21/21
Applicant/Owner: KCI State: NC Sampling Point: Upland
Investigator(s): J. Sullivan Section, Township, Range:
Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): none
Subregion (LRR or MLRA): T-153A Lat: 34.2920 Long: -77.8342
Soil Map Unit Name: Johnston soils
Are climatic / hydrologic conditions
Are Vegetation Soil
Are Vegetation Soil
on the site typical for this time of year? Yes X
or Hydrology significantly disturbed?
or Hydrology naturally problematic?
NWI classification: -
Slope (%): 1%
Datum: NAD83
No (If no, explain in Remarks.)
Are "Normal Circumstances" present? Yes X No
(If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
Yes X No
Yes No X
Yes X No
Is the Sampled Area
within a Wetland?
Yes No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Primary Indicators (minimum of one is required; check all that apply)
❑ ❑
❑ El
❑ ❑
❑ 0
0 II
El ❑
a El
El
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Water Marks (B1)
Sediment Deposits (B2)
Drift Deposits (B3)
Algal Mat or Crust (B4)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
Water -Stained Leaves (B9)
Aquatic Fauna (B13)
Marl Deposits (B15) (LRR U)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres along Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Other (Explain in Remarks)
Secondary Indicators (minimum of two required)
Surface Soil Cracks (B6)
Sparsely Vegetated Concave Surface (B8)
Drainage Patterns (B10)
Moss Trim Lines (B16)
Dry -Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
Geomorphic Position (D2)
Shallow Aquitard (D3)
FAC-Neutral Test (D5)
Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes No X Depth (inches): -
Water Table Present? Yes No X Depth (inches): -
Saturation Present? Yes No X Depth (inches): -
(includes capillary fringe)
Wetland Hydrology Present? Yes X No
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: Upland
Tree Stratum (Plot size: 30'
1.
2.
3.
4.
5.
6.
7.
8.
Liquidambar styraciflua
Prunus serotina
Acer rubrum
N/A
Absolute Dominant Indicator
% Cover Species? Status
20 X FAC
5 FACU
5 FAC
30
= Total Cover
50% of total cover: 15 20% of total cover: 6
Sapling/Shrub Stratum (Plot size: 15'
1.
2.
3.
4.
5.
6.
7.
8.
Ligustrum sinense
Magnolia virginiana
N/A
Herb Stratum (Plot size: 5'
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Lonicera japonica
4505 Falls of Neu'. 230 Govemment C FAC
Wilmington NC, 21 X
FACW
30 X FACW
90
= Total Cover
50% of total cover: 45 20% of total cover: 18
Conyza canadensis
20 X FAC
15 X NI
35
= Total Cover
50% of total cover: 17.5 20% of total cover: 7
Woody Vine Stratum (Plot size: 30'
1.
2.
3.
4.
5.
Lonicera japonica
5 X FAC
5
= Total Cover
50% of total cover: 2.5 20% of total cover: 1
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 7 (A)
Total Number of Dominant
Species Across All Strata: 6 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 86% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
_ 2 - Dominance Test is >50%
_ 3 - Prevalence Index is <_3.0'
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present?
Yes X No
Remarks: (If observed, list morphological adaptations below).
Area is regularly mowed grass
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region - Version 2.0

SOIL
Sampling Point: Upland
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
(inches) Color (moist)
0-20 10YR 2/1 100
20+ 10YR 3/2 60
Redox Features
Color (moist) % Type' Loc2
Texture Remarks
FSL
10YR 4/3 40 FLS
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators:
(Applicable to all LRRs, unless otherwise noted.)
❑ Histosol (A1)
✓❑ Histic Epipedon (A2)
.Q Black Histic (A3)
.11 Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U) ❑
Muck Presence (A8) (LRR U)
.❑ 1 cm Muck (A9) (LRR P, T) ❑
❑ ❑
. ✓❑ Thick Dark Surface (Al2)
❑ Coast Prairie Redox (A16) (MLRA 150A) ❑
.❑ Sandy Mucky Mineral (S1) (LRR 0, S) ❑
.❑ Sandy Gleyed Matrix (S4) ❑
❑ Sandy Redox (S5) �✓
❑ Stripped Matrix (S6)
✓❑ Dark Surface (S7) (LRR P, S, T, U)
Depleted Below Dark Surface (Al 1)
Polyvalue Below Surface (S8) (LRR S, T, U)
Thin Dark Surface (S9) (LRR S, T, U)
Loamy Mucky Mineral (F1) (LRR 0)
Loamy Gleyed Matrix (F2)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Marl (F10) (LRR U)
Depleted Ochric (F11) (MLRA 151)
Iron -Manganese Masses (F12) (LRR 0, P, T)
Umbric Surface (F13) (LRR P, T, U)
Delta Ochric (F17) (MLRA 151)
Reduced Vertic (F18) (MLRA 150A, 150B)
Piedmont Floodplain Soils (F19) (MLRA 149A)
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Many uncoated sand grains
Many uncoated sand grains
2Location: PL=Pore Lining, M=Matrix.
Indicators for Problematic Hydric Soils3:
❑ 1 cm Muck (A9) (LRR 0)
B
2 cm Muck (A10) (LRR S)
_ Reduced Vertic (F18) (outside MLRA 150A,B)
_❑ Piedmont Floodplain Soils (F19) (LRR P, S, T)
0 Anomalous Bright Loamy Soils (F20)
(MLRA 153B)
❑ I Red Parent Material (TF2)
LJ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3lndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No
Remarks:
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region — Version 2.0

KYE.N T {Ds ry
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation code: 04EN2000-2021-TA-1052
Event Code: 04EN2000-2021-E-02330
Project Name: Smith Creek Stabilization/Restoration
April 22, 2021
Subject: Verification letter for the 'Smith Creek Stabilization/Restoration' project under the
January 5, 2016, Programmatic Biological Opinion on Final 4(d) Rule for the
Northern Long-eared Bat and Activities Excepted from Take Prohibitions.
Dear Joseph Sullivan:
The U.S. Fish and Wildlife Service (Service) received on April 22, 2021 your effects
determination for the 'Smith Creek Stabilization/Restoration' (the Action) using the northern
long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation
(IPaC) system. This IPaC key assists users in determining whether a Federal action is consistent
with the activities analyzed in the Service's January 5, 2016, Programmatic Biological Opinion
(PBO). The PBO addresses activities excepted from "take"111 prohibitions applicable to the
northern long-eared bat under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(0). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBO satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.

04/22/2021
Event Code: 04EN2000-2021-E-02330 2
This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA -
protected species that also may occur in the Action area:
• American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Cooley's Meadowrue Thalictrum cooleyi Endangered
• Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
• Golden Sedge Carex lutea Endangered
• Green Sea Turtle Chelonia mydas Threatened
• Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Loggerhead Sea Turtle Caretta caretta Threatened
• Magnificent Ramshorn Planorbella magnifica Candidate
• Piping Plover Charadrius melodus Threatened
• Red Knot Calidris canutus rufa Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Seabeach Amaranth Amaranthus pumilus Threatened
• West Indian Manatee Trichechus manatus Threatened
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].

04/22/2021
Event Code: 04EN2000-2021-E-02330 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Smith Creek Stabilization/Restoration
2. Description
The following description was provided for the project 'Smith Creek Stabilization/Restoration':
Stream bank stabilization
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/@34.29229135,-77.83404467840296,14z
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service's PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(0). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service's PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA -listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may

04/22/2021
Event Code: 04EN2000-2021-E-02330 4
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).

04/22/2021
Event Code: 04EN2000-2021-E-02330 5
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service's January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
Yes
2. Have you determined that the proposed action will have "no effect" on the northern long-
eared bat? (If you are unsure select "No")
No
3. Will your activity purposefully Take northern long-eared bats?
No
4. [Semantic] Is the project action area located wholly outside the White -nose Syndrome
Zone?
Automatically answered
No
5. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases and other sources of information on the locations of northern long-
eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/
mammals/nleb/nhisites.html.
Yes
6. Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
7. Will the action involve Tree Removal?
Yes

04/22/2021
Event Code: 04EN2000-2021-E-02330 6
8. Will the action only remove hazardous trees for the protection of human life or property?
No
9. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
10. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No

04/22/2021 Event Code: 04EN2000-2021-E-02330
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type '0' in questions 1-3.
1. Estimated total acres of forest conversion:
0.1
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type '0' in questions 4-6.
4. Estimated total acres of timber harvest
0
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type '0' in questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type '0' in question 10.
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?
0

Smith Creek Stabilization/
Restoration
Biological Assessment
Prepared using IPaC
Generated by Joseph Sullivan ([e-mail])
April 22, 2021
The purpose of this Biological Assessment (BA) is to assess the effects of the
proposed project and determine whether the project may affect any Federally
threatened, endangered, proposed or candidate species. This BA is prepared in
accordance with legal requirements set forth under Section 7 of the Endangered
Species Act (16 U.S.C. 1536 (c)).

In this document, any data provided by U.S. Fish and Wildlife Service is based on data as of April 22,
2021.
Prepared using IPaC version 5.58.0
2

Smith Creek Stabilization/Restoration Biological
Assessment
Table Of Contents
1 Description of the action 6
1.1 Project name 6
1.2 Executive summary 6
1.3 Project description 6
1.3.1 Location 6
1.3.2 Description of project habitat 7
1.3.3 Project proponent information 7
1.3.4 Project purpose 7
1.3.5 Project type and deconstruction 8
1.3.6 Anticipated environmental stressors 12
1.4 Action area 17
1.5 Conservation measures 18
1.6 Prior consultation history 18
1.7 Other agency partners and interested parties 18
1.8 Other reports and helpful information 18
2 Species effects analysis 19
2.1 Cooley's Meadowrue 19
Justification for exclusion 19
2.2 Eastern Black Rail 19
Justification for exclusion 19
2.3 Golden Sedge 19
Justification for exclusion 19
2.4 Green Sea Turtle 20
Justification for exclusion 20
2.5 Kemp's Ridley Sea Turtle 20
Justification for exclusion 20
2.6 Leatherback Sea Turtle 20
Justification for exclusion 20
2.7 Loggerhead Sea Turtle 20
Justification for exclusion 20
2.8 Magnificent Ramshorn 21
Justification for exclusion 21
2.9 Piping Plover 21
Justification for exclusion 21
2.10 Red Knot 21
3

Justification for exclusion 21
2.11 Red -cockaded Woodpecker 21
Justification for exclusion 21
2.12 Rough -leaved Loosestrife 22
Justification for exclusion 22
2.13 Seabeach Amaranth 22
Justification for exclusion 22
2.14 West Indian Manatee 22
Justification for exclusion 22
3 Critical habitat effects analysis 23
4 Summary Discussion, Conclusion, and Effect Determinations 24
4.1 Effect determination summary 24
4.2 Summary discussion 24
4.3 Conclusion 25
4

1 Description Of The Action
1.1 Project Name
Smith Creek Stabilization/Restoration
1.2 Executive Summary
New Hanover County has received funding through the USDA NRCS Emergency
watershed Protection Program (EWP) to remove debris and sediment from creeks and
drainage ways throughout the County and to repair/restore areas that were identified in
the aftermath of Hurricane Florence. The project does not impact and potential or critical
habitat for any of the listed species for New Hanover County. The project is a stream
stabilization and will have a net positive impact on the environment.
Effect determination summary
1.3 Project Description
1.3.1 Location
■�■ ti:
Go 1.4
111140.
4 1 At.
a �c5
Et-.51e.
6

LOCATION
New Hanover County, North Carolina
1.3.2 Description of project habitat
New Hanover County has received funding through the USDA NRCS Emergency
watershed Protection Program (EWP) to remove debris and sediment from creeks and
drainage ways throughout the County and to repair/restore areas that were identified in
the aftermath of Hurricane Florence.The project involved stabilization of the banks along
Smith Creek. The surrounding area is a developed suburban residential area.
1.3.3 Project proponent information
Provide information regarding who is proposing to conduct the project, and their contact
information. Please provide details on whether there is a Federal nexus.
Requesting Agency
KCI Technologies
ILL NAME
Joseph Sullivan
STREET ADDRESS
4505 Falls of Neuse Road Suite 400
Raleigh
PHONE NUMBER
[phone]
Lead agency
DEPT OF DEFENSE (DOD)
Army Corps of Engineers (COE)
STATE
NC
E-MAIL ADDRESS
[e-mail]
ZIP
27609
1.3.4 Project purpose
New Hanover County has received funding through the USDA NRCS Emergency
watershed Protection Program (EWP) to remove debris and sediment from creeks and
drainage ways throughout the County and to repair/restore areas that were identified in
the aftermath of Hurricane Florence.
7

1.3.5 Project type and deconstruction
This project is a bank protection / stabilization / erosion control project.
1.3.5.1 Project map
8

LEGEND
❑ Project footprint
✓
L
r-
L
r
L -
✓ -
L
r
L
Layer 1: Bank protection (structure)
Layer 2: Restore vegetation
Layer 3: Riprap placement
Layer 4: Remove temporary diversion dam
Layer 5: Topographic surveys
9

1.3.5.2 bank protection
Structure completion date
June 30, 2021
Removal/decommission date (if applicable)
December 30, 2021
Stressors
This activity is not expected to have any impact on the environment.
Description
This is a stream bank stabilization project. The work will reduce sediment inputs to
the stream.
1.3.5.3 remove temporary diversion dam
Activity start date
June 30, 2021
Activity end date
December 30, 2021
Stressors
This activity is not expected to have any impact on the environment.
Description
If channel work is necessare a pump around or diversion may be needed to limit the
amount of sediment entering the stream.
10

1.3.5.4 restore vegetation
Activity start date
June 30, 2021
Activity end date
December 30, 2021
Stressors
PLANT FEATURES
• Increase in vegetation
Description
Stabilized areas will be planted with native riparian vegetation.
1.3.5.5 riprap placement
Activity start date
June 30, 2021
Activity end date
December 30, 2021
Stressors
AQUATIC FEATURES
• Change in channel morphology
Description
A small area of stream bank will need to be stabilized with riprap. This will reduce
bank erision and sediment inputs to the stream.
11

1.3.5.6 topographic surveys
Activity start date
June 30, 2021
Activity end date
December 30, 2021
Stressors
This activity is not expected to have any impact on the environment.
Description
The stream banks and surrounding area will be surveyed.
1.3.6 Anticipated environmental stressors
Describe the anticipated effects of your proposed project on the aspects of the land, air
and water that will occur due to the activities above. These should be based on the
activity deconstructions done in the previous section and will be used to inform the
action area.
1.3.6.1 Plant Features
Individuals from the Plantae kingdom, such as trees, shrubs, herbs, grasses, ferns, and mosses. This feature
also includes products of plants (e.g., nectar, flowers, seeds, etc.).
12

1.3.6.1.11ncrease in vegetation
ANTICIPATED MAGNITUC
The stream banks will be stabilized with native vegetation in areas where there is
none. The areas are limited to the two small stabilizartion areas.
STRESSOR LOCATION
13

LEGENr'
Project footprint
❑ Stressor location
14

CONSERVATION MEASURES
No conservation measures for this stressor
STRUCTURES AND ACTIVITIES
• Restore vegetation
1.3.6.2 Aquatic Features
Bodies of water on the landscape, such as streams, rivers, ponds, wetlands, etc., and their physical
characteristics (e.g., depth, current, etc.). This feature includes the groundwater and its characteristics. Water
quality attributes (e.g., turbidity, pH, temperature, DO, nutrients, etc.) should be placed in the Environmental
Quality Features.
1.3.6.2.1 Change in channel morphology
ANTICIPATED MAGNITUDE
The bank morphology will be stabilized in the two faining areas.
STRESSOR LOCATION
15

LEGEND
❑ Project footprint
❑ Stressor location
16

CONSERVATION MEASURES
No conservation measures for this stressor
STRUCTURES AND ACTIVITIES
• Riprap placement
1.4 Action Area
17

1.5 Conservation Measures
1.6 Prior Consultation History
N/A
1.7 Other Agency Partners And Interested Parties
N/A
1.8 Other Reports And Helpful Information
NC NHP lists NLEB as a historic occurrence for the county.
18

2 Species Effects Analysis
This section describes, species by species, the effects of the proposed action on listed,
proposed, and candidate species, and the habitat on which they depend. In this
document, effects are broken down as direct interactions (something happening directly
to the species) or indirect interactions (something happening to the environment on
which a species depends that could then result in effects to the species).
These interactions encompass effects that occur both during project construction and
those which could be ongoing after the project is finished. All effects, however, should
be considered, including effects from direct and indirect interactions and cumulative
effects.
2.1 Cooley's Meadowrue
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
The species may be found along the drained woodlands south of Smith Creek, along
the maintained sewer ROW. However the stream stabilization actions will occur north of
the stream where there is no habitat.
2.2 Eastern Black Rail
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
There are no salt and brackish marshes in the project area.
2.3 Golden Sedge
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
Potential habitat can be found along the drained forested area south of Smith Creek,
and along the maintained sewer line. However the stream stabilization actions will occur
north of the stream where there is no habitat.
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2.4 Green Sea Turtle
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
Smith Creek is a freshwater swampy stream. The project contains no beach or ocean
habitat.
2.5 Kemp's Ridley Sea Turtle
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
Smith Creek is a freshwater swampy stream. The project contains no beach or ocean
habitat.
2.6 Leatherback Sea Turtle
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
Smith Creek is a freshwater swampy stream. The project contains no beach or ocean
habitat.
2.7 Loggerhead Sea Turtle
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
Smith Creek is a freshwater swampy stream. The project contains no beach or ocean
habitat.
20

2.8 Magnificent Ramshorn
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
Smith creek may be too fast flowing for the snail, but potential habitat may exist in the
pond to the south and its drainage to Smith Creek. However the stream stabilization
actions will occur north of the stream where there is no habitat.
2.9 Piping Plover
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
The project does not contain any sandy beach habitat.
2.10 Red Knot
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
The project does not contain any sandy beach habitat.
2.11 Red -Cockaded Woodpecker
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
There is no foraging or nesting habitat located on the site. The forested area to the
south of Smith Creek contains small hardwoods with a thick understory.
21

2.12 Rough -Leaved Loosestrife
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
Habitat may occur in the wooded area south of Smith Creek and along the maintained
sewer line that runs parallel to the creek. However the stream stabilization actions will
occur north of the stream where there is no habitat.
2.13 Seabeach Amaranth
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
The project does not contain any sandy beach habitat.
2.14 West Indian Manatee
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
This water level in this section of Smith Creek is not deep enough to support the
manatee. In addition the creek does not contain the underwater vegetation favored by
the species.
22

3 Critical Habitat Effects Analysis
Vo critical habitats intersect with the project action area.
23

4 Summary Discussion, Conclusion, And Effect
Determinations
4.1 Effect Determination Summary
SPECIES
(COMMON
NAME)
SCIENTIFIC
NAME
LISTING
STATUS
L
PRESENT IN
ACTION ARE '
EFFECT
DETERMINATION
Not Applicable
American Alligator
Alligator
mississippiensis
Similarity of
Appearance
(Threatened)
Not Applicable
Cooley's Meadowrue
Thalictrum cooleyi
Endangered
No
NE
Eastern Black Rail
Laterallus jamaicensis
ssp. jamaicensis
Threatened
No
NE
Golden Sedge
Carex lutea
Endangered
No
NE
Green Sea Turtle
Chelonia mydas
Threatened
No
NE
Kemp's Ridley Sea
Lepidochelys kempii
Endangered
No
NE
Turtle
Leatherback Sea Turtle
Dermochelys coriacea
Endangered
No
NE
Loggerhead Sea Turtle
Caretta caretta
Threatened
No
NE
Magnificent Ramshorn
Planorbella magnifica
Candidate
Excluded from
analysis
Excluded from analysis
Northern Long-eared
Batt
Myotis septentrionalis
Threatened
MA
Piping Plover
Charadrius melodus
Threatened
No
NE
Red Knot
Calidris canutus rufa
Threatened
No
NE
Red -cockaded
Picoides borealis
Endangered
No
NE
Woodpecker
Rough -leaved
Lysimachia
asperulaefolia
Endangered
No
NE
Loosestrife
Seabeach Amaranth
Amaranthus pumilus
Threatened
No
NE
West Indian Manatee
Trichechus manatus
Threatened
No
NE
t This species or critical habitat is covered by a DKey.
4.2 Summary Discussion
The project does not impact and potential or critical habitat for any of the listed species
for New Hanover County. The project is a stream stabilization and will have a net
positive impact on the environment.
24

4.3 Conclusion
The project does not impact and potential or critical habitat for any of the listed species
for New Hanover County. The project is a stream stabilization and will have a net
positive impact on the environment.
25