20201874 Ver 2_ePCN Application_20210727

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20201874
2
Is a payment required for this project?*
* No payment required
What amout is owed?*
r Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office*
Select Project Reviewer*
Fayetteville Regional Office - [phone]
Chad Turlington:eads\ccturlington
Information for Initial Review
la. Name of project:
First Presbyterian Church of Fayetteville Bank Stabilization
la. Who is the Primary Contact?*
Philip May
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
7/27/2021
Nearest Body of Water
Cross Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.052801-78.874930
A. Processing Information
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
r Yes r No

ID#
20201874
Pre -fling Meeting or Request Date
8/2/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form_Recieved.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r 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:
Version
56.78KB
r 401 Water Quality Certification - E>q)ress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
First Presbyterian Church of Fayetteville
2b. Deed book and page no.:
r Yes r No
r Yes r No
2c.Contact Person:
City of Fayetteville

2d.Address
Street Address
433 Hay St
Address tine 2
City
Fayetteville
Postal / Zip Code
28301
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Philip May
4b. Business Name:
Carolina Ecosystems, Inc.
4c.Address
Street Address
3040 NC 42 West
Address tine 2
Cly
Clayton
Postal / Zip Code
27520
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Fayetteville
2. Project Identification
2a. Property Identification Number:
0437-74-2138,0437-74-5290
2c. Project Address
Street Address
Various parcels - easements being acquired by city
Address line 2
City
Fayetteville
Postal / Zip (ode
28301
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cross Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Cape Fear
State / Province / l3gion
North Carolina
Country
United States
2f. Fax Number:
State / Province / Rion
NC
Country
United States
4e. Fax Number:
2b. Property size:
8.04
State / Province / legion
NC
Country
United States
3d. Please provide the 12-digit HUC in which the project is located.

030300040704
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:*
Land use is primarily urban and a mix of private businesses, churches, and public park areas. Severe scour and erosion has caused migration of Cross Creed at several locations.
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
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
300
4h. Explain the purpose of the proposed project:*
The City of Fayetteville has been provided USDA Emergency Watershed Protection funding to assist with severe erosion issues in their downtown area. The Cross Creek watershed is
largely urban and highly impervious, and the stream experiences high volume and velocity flows during precipitation events, resulting in severe erosion along its bank. The proposed
project has been identified as a critical area needing immediate repair.
The property in question abuts Cross Creek and has experienced property loss as a result of bank migration. The stream continues to encroach on the properties and could endanger
users of the property. The proposed design stabilizes the severely eroded bank sections with geotextile, crushed aggregate and Redi-Rock blocks to prevent further bank migration and
property destruction.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will entail grading the banks of Cross Creek followed by laying geotextile fabric and backfilling with crushed aggregate and Redi-Rock blocks primarily above the ordinary
high water mark (OHWM). Standard construction equipment including cranes will be used to grade the bank and place Redi-Rock blocks within the work area.
Prior to bank work, access ramps will be built to get equipment into the work area within the stream which is severely incised. In order to work in the dry, an impervious barrier will be
installed to divert the stream and allowwork on the stream banks per the attached plans. Construction access methodology is also described in the plans.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
Project area was reviewed in the field and no wetlands are present.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Matt Harrell
Agency/Consultant Company: Carolina Ecosystems, Inc.
Other:
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
6 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?
No future projects are planned. Two prior areas, on different properties, have been submitted for approval and will be constructed before this project. The areas function independently
of each other and are designed to address problems on the individual properties.
D. Proposed Impacts Inventory U
1. Impacts Summary
Ia. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
3. Stream Impacts

S2 Construction Access Temporary Bank Stabilization Cross Creek Perennial Corps 40 215
Average (feet) i (li"rfeet)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
195 215
3i. Total stream and ditch impacts:
410
3j. Comments:
Permanent stream impacts are limited to bank stabilization and placement of a portion of the block wall within the OHWM of the stream, but no loss of
stream will result as the upstrearNdownstream channel width will be maintained.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
No permanent stream loss is proposed. Per the attached plans, Redi-Rock will be placed belowthe OHWM as the stream has scoured out the area
and avoidance of this is not practicable. The location and extent of erosion has prevented the use of natural stabilization measures as shallower
stream banks would encroach on eAsting infrastructure including parking lots and buildings.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The impervious barrier will allow work in the dry and limit sedimentation as a result of the proposed construction. Erosion control measures will be
implemented per State requirements.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
No permanent loss of Waters of the U.S. will result from the project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes
r No
If no, explain why:
This section of the Cape Fear River basin does not have state 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 r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r NIA - project disturbs < 1 acre
Comments:
No impervious area is proposed therefore no stormwater management plan is required.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes
r No
U
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
r Yes
r No
Comments:*

USDA Emergency Watershed Protection funding will be used to construct these projects. NEPA review has been performed and an environmental
document (EA or EIS) is not required for these projects.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
No new development is proposed - the purpose of this project is to protect existing structures. Downstream water quality would likely improve as the
project would result in less erosion and sedimentation than current rates.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
What Federal Agency is involved?
USDA
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Information for Planning and Consulting - https://ecos.fws.gov/ipacl
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper - https://vmw.hahitat.noaa.gov/protection/efh/efhmapper.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The entire project area is within the Fayetteville Downtown Historic District, listed in the National Register of Historic Places. No permanent structure
that will result from this project would result would be visible from the National Register Historic District as the banks of the stream are between the
existing buildings and below surrounding grades.
NC HPOWEB 2.0 - https://nc.maps.arcgis.conVapps/webappviewer/index.html?id=d2d04d8d7eO3403f889419526e682529

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year flood plain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
A flood study has been performed and submitted for review. A No Rise Certification is anticipated for the project.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Mapping Program
Miscellaneous
C^)
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Qick the upload button a drag and drop files here to attach docum3I
FirstPres_ePCN_Attachments.pdf 9.26MB
File rrust be FTF or lIaV
Comments
Signature
*
W 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:
Philip May
Signature
Date
7/27/2021

FA)IETTEV I LLE C
PUBLIC SERVICES
February 3, 2021
To Whom it May Concern:
The City of Fayetteville is undertaking Emergency Watershed Protection repairs to Cross Creek
within the City limits. These projects, partially funded by the US Department of Agriculture, will
occur on multiple properties as shown in the attached plans and listed below. The projects are
intended to stabilize the banks of Cross Creek, increase safety, and prevent further degradation of
adjacent developed areas.
The City is coordinating with all owners, who are in agreement with the projects, and will acquire
appropriate access for construction as needed.
Gradient LLC and Carolina Ecosystems, Inc. are working on behalf of the City to design and
permit these projects, and are authorized to act as agents for the City in communication with federal
and state agencies as needed.
Cross Creek Projects:
• First Presbyterian Church of Fayetteville; PINS O437-74-2138, 0437-74-5290
0 Beaver Law Firm; PINS O437-64-8732, 0437-74-0644, 0437-64-9645, 0437-74-0653
• St. John Episcopal Church; PINS O437-75-1060, 0437-64-9926, 0437-65-9151
Should you need further information about this issue, please feel free to contact myself by phone
at [phone] or by email at breeves2ci.fa.nc.us.
Sincerely,
Byron Reeves, PE CFM
Stormwater Manager
433 Hay Street I Fayetteville, NC 28301 1 www.fayettevillenc.gov I An Equal Opportunity Employer

CAROLITIA
ECOSYSTEMS
July 27, 2021
Ms. Emily Greer
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
3040 NC 42 West, Clayton NC 27520
P:919-359-1102 — F:919-585-5570
RE: Pre -Construction Notification for Nationwide Permit 13 & General Certification No.
4134
First Presbyterian Church of Fayetteville Bank Stabilization
Cumberland County, North Carolina
Dear Ms. Greer;
Carolina Ecosystems, Inc. (CEI), in conjunction with Gradient, PLLC, has prepared the
associated electronic Pre -Construction Notification (e-PCN) for the City of Fayetteville in order
to acquire a Section 404 Nationwide Permit 13 and a Section 401 Water Quality Certification
No. 4134 for the above -referenced project. This e-PCN is being submitted along with the
following exhibits:
1. Figure 1: Vicinity Map
2. Figure 2: USGS Map
3. Figure 3: NRCS Map
4. NCNHP HPO Figure
5. USFWS IPaC Report
6. Stream Impact (CSG-01)
7. Construction Plans (90%)
This information, along with the associated e-PCN, are being submitted for your review of this
project. A copy of this application is also being provided to the NC Division of Water Resources
for their review and issuance of GC 4134.
If you have any questions or need additional information, please contact me at your earliest
convenience at [phone] or [e-mail].
Sincerely,
Carolina Ecosystems, Inc.
Philip May
Senior Environmental Scientist
Cc: Paul Wcjoski, NC DWR — 401 & Buffer Permitting Unit
Gordon Rose, PE, Gradient PLLC
Doug Hewett, MPA, City of Fayetteville

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IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section. \ r-Ah.
Location X Xle
Cumberland County, North Carolina
rob
Local office
Raleigh Ecological Services Field Office
[phone]
lJ3 [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, INC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F

Raleigh, NC 27606-1487

Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near the
project area. To fully determine any potential effects to species, additional site -specific and project -
specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can only
be obtained by requesting an official species list from either the Regulatory Review section in IPaC
(see directions below) or from the local field office directly. %'
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
S. Click REQUEST SPECIES LIST.
�i
Listed species
and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and
Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries ).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:

Birds
NAME
Red -cockaded Woodpecker Picoides borealis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/7614
Reptiles
NAME
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
STATUS
Endangered
STATUS
SAT
10
40le xO\*\
Fishes
NAME S
Cape Fear Shiner Notropis mekistocholas �i ngered
Wherever found
There is final critical habitat for this species. The loca ' n t
critical habitat is not available.
https://ecos.fws.gov/ecp/species/6063 CO
Clams
NAME STATUS
Atlantic Pigt use aia masoni Proposed Threatened
Where neopa
d
h ed critical habitat for this species. The location of the
c�iitat is not available.
https://ecos.fws.gov/ecp/species/51 64
Insects
NAME STATUS
Saint Francis' Satyr Butterfly Neonympha mitchellii francisci Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5419

Flowering Plants
NAME
American Chaffseed Schwalbea americans
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/1286
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Pondberry Lindera melissifolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia
STATUS
Endangered
Endangered
Endangered
0
Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747 C�3
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves. t
THERE ARE NOITICAL HABITATS ATTHIS LOCATION.
XM**\(
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act
i and the Bald and Golden Eagle Protection ActZ.
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:
enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
NAME
American Kestrel Falco sparverius paulus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Bachman's Sparrow Aimophila aestivalis
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws. og v/ecp/species/6177
BREEDING SEASON (IF A
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
.....................................................................................
BIRD MAY BREED IN YOUR
........................................................................
PROJECT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
......................................................................
ESTIMATE OF THE DATES INSIDE
.......................................................................................
WHICH THE BIRD BREEDS ACROSS
ITS ENTIRE RANGE. "BREEDS
............................................................................
ELSEWHERE" INDICATES THAT THE
BIRD DOES NOT LIKELY BREED IN
YOUR PROJECTAREA.)
Breeds Apr 1 to Aug 31
Breeds May 1 to Sep 30

Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds Sep 1 to Jul 31
Breeds May 1 to Aug 20
Breeds Apr 20 to Aug 20
Breeds May 1 to Jul 31
XN 1%b
Prothonotary Warbler Protonotaria citrea ) Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range i�
the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska �"
r
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur
and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species
present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that
may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science
datasets . ZX
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-
round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if
you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If
a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is
indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC -Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from
certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may be in
your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in
my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km
grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a
red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack
of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look for to
confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize
potential impacts from your project activities, should presence be confirmed. To learn more about conservation
measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to
migratory birds" at the bottom of your migratory bird trust resources page.
Facilities � n,
U�
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS ATTHIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at
this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the
use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site. NW
Data exclusions 0�k
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.

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ID#* 20201874
Version* 1
Regional Office * Fayetteville Regional Office - [phone]
Reviewer List* Chad Turlington
Pre -Filing Meeting Request submitted 12/3/2020
Contact Name*
Contact Email Address*
Project Name*
Project Owner*
Project County*
Owner Address:
Matthew Harrell
[e-mail]
Cross Creek Bank Stabilization
City of Fayetteville
Cumberland
Street Address
433 Hay St
Address Line 2
aty
Fayetteville
Fbstal / Zip axle
28301
Is this a transportation project?* r Yes (' No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
F- Individual Permit F- Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes (-- No
State / Rovince / Pegion
North Carolina
Country
United States
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below.*

This pre -filing meeting request encompasses three locations along
Cross Creek in downtown Fayetteville \there streambank stabilization
measures are proposed (See attached figure). Along an
approximately 2,000-foot stretch of Cross Creek in downtown
Fayetteville, there are three locations where high flow events have
significantly eroded streambanks posing immediate threats to
adjacent properties. The proposed actions would include structural
bank stabilization to prevent additional property loss. Each location
will be permitted separately, and these applications are underway
and anticipated in early January 2021. Draft plans for two of the three
locations (Beaver Law and St. Johns) are attached but subject to
change as design is in progress.
Please give a couple of dates you are available for a meeting.
12/14/2020
12/21 /2020
Please attach the documentation you would like to have the meeting about.
CrossCreekSection EWPPre-
- 5.38MB
Filing_FigurePackage. pdf
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.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 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 12/3/2020