20200016 Ver 1_401 Application_20210923

DWR
Division 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
✓ No
Is this project a public transportation project?*
✓ Yes r No
Change only if needed.
BIMS # Assigned* Version#*
20200016 1
Is a payment required for this project?*
✓ No payment required
r Fee received
✓ Fee needed - send electronic notification
Select Project Reviewer*
Erin Davis:eads\ebdavis
Information for Initial Review
Reviewing Office*
Central Office - [phone]
la. Name of project:
Cross Creek Ranch Mitigation Site
la. Who is the Primary Contact?*
Jeff Keaton
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
jkeaton©wildlandseng.com [phone]
Date Submitted
9/23/2021
Nearest Body of Water
Clarks Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.232211
Pre -Filing Meeting Information
Is this a courtesy copy notification?
✓ Yes r No
ID#
20200016
Pre -fling Meeting or Request Date
1/29/2021
Longitude:
-80.02425
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach docurrent
DWR Pre -Filing Meeting Request Form.pdf
Rle type mist be FCF
Version
1
56.58KB
A. Processing Information

County (or Counties) where the project is located:
Montgomery
Is this a NCDMS Project
6Yes rNo
Is this project a public transportation project?*
✓ Yes 6 No
la. Type(s) of approval sought from the Corps:
17 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?*
✓ Yes
6 No
1b. What type(s) of permit(s) do you wish to seek authorization?
[7 Nationwide Permit (NWP)
r Regional General Permit (RGP)
I— Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes rNo
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.*
WA
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - Regular
n 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:
If. Is this an after -the -fact permit application?*
✓ Yes f No
r" 401 Water Quality Certification - Express
r" Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes 6 No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
lh. Is the project located in any of NC's twenty coastal counties?
✓ Yes ( No
1j. Is the project located in a designated trout watershed?
✓ Yes 0'No
B. Applicant Information
Id. Who is applying for the permit?
r Owner 17 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
6 Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Cross Creek Ranch Family Limited Partnership (LP)
✓ Yes 6 No
✓ Yes 6 No
2b. Deed book and page no.:
DB 748, PG 397

2c. Contact Person:
Bruce E. Hudson, General Partner (GP)
2d.Address
Street Address
P.O Box 43
Address Line 2
0ty
Mt. Gilead
Postal / Zip Cale
27306
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NCDEQ - DMS
3c.Address
Street Address
217 W. Jones St, Suite 3000A
Address Line 2
atY
Raleigh
Postal / Zip Code
27603
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Carlynn Walker
4b. Business Name:
Wildlands Engineering, Inc.
4c.Address
Street Address
312 West Millbrook Rd. Suite 225
Address Line 2
aty
Raleigh
Postal / ZZp Cede
27609
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
State / Province /Region
NC
Country
US
2f. Fax Number:
State / Province / legion
North Carolina
Country
United States
3e. Fax Number:
State / Province / legion
NC
Country
United States
4e. Fax Number:
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(rf appropriate)
lc. Nearest municipality / town:
Mt. Gilead

2. Project Identification
2a. Property Identification Number: 2b. Property size:
659400211254, 659400503458 63.9 (Proposed Conservation Easement)
2c. Project Address
Street Address
5799 NC Highway 73 West
Address Line 2
City State / Bovine / Pegion
Mt. Gilead NC
Postal / Zip Code Country
27306 US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Clarks Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401040204
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 area is located within a rural watershed in Montgomery County, NC. Land Use in and immediately adjacent to the project area consists of agriculture, pasture, forest, and
rural residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes f No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
1.031 acres of wetlands, 0.741 acres of open water (pond)
4g. List the total estimated linear feet of all existing streams on the property:
15,899
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide stream and wetland mitigation credits in the Yadkin 03040104 service area for the North Carolina Department of Environmental
Quality Division of Mitigation Services. Mitigation practices will include stream restoration, stream enhancement, stream preservation, wetland re-establishment, wetland rehabilitation,
and riparian buffer planting.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project proposes restoration, enhancement, and preservation to approximately 14,245 LF of existing stream. Additionally, 4.386 acres of wetland re-establishment is proposed and
rehabilitation of 0.467 acres of existing wetland. Stream restoration will be achieved through natural channel design and include Priority 1 and Priority 2 approaches. Priority 1
restoration will involve the excavation of new channels within the existing floodplain and Priority 2 sections of the channel will be constructed where needed to transition grade from
existing to proposed elevations. Both approaches will include the installation of in -stream structures including constructed riffles, brush toe, log j-hooks, log sills, and rock sills. Stream
enhancement II will primarily consist of fencing out livestock, repairing localized bank erosion, stabilizing headcuts, planting a native riparian buffer, and treating invasive species. Stream
preservation will include removing invasive species and fencing out cattle. Wetland re-establishment and rehabilitation will be achieved through a combination of stream restoration,
excluding cattle, filling in agricultural ditches, removing an existing farm pond, planting a native riparian buffer, and removing invasive species.
Excavators will be used for channel and floodplain excavation as well as for bank grading, while articulated and track trucks will be used for hauling soil. Small equipment such as mini
excavators and skid steers may also be used during grading activities. A conservation easement has been recorded in the project area. See Section 6 of the mitigation plan for
additional design information.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
6 Yes
Comments:
r No r Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
6 Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
SAW-2020-00051
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Ian Eckardt

Agency/Consultant Company:
Other:
Wildlands Engineering, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE determination issued 11/13/2020
6. Future Project Plans
6a. Is this a phased project?*
rYes (No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
17 Wetlands 17 Streams -tributaries
17 Open Waters r Pond Construction
2. Wetland Impacts
r Buffers
2a. Site #*(?)
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
W1
Floodplain Grading,
Haul Road, Temporary
Crossing
T
Headwater Forest
Wetland A
Yes
Both
0.075
(acres)
W2
Channel Relocation
P
Headwater Forest
Wetland B
Yes
Both
0.013
(acres)
W3
Floodplain Grading
T
Headwater Forest
Wetland B
Yes
Both
0.116
(acres)
W4
Channel Relocation
P
Headwater Forest
Wetland C
Yes
Both
0.001
(acres)
W5
Floodplain Grading
T
Headwater Forest
Wetland C
Yes
Both
0.003
(acres)
W6
Channel Relocation
P
Headwater Forest
Wetland D
Yes
Both
0.003
(acres)
W7
Floodplain Grading
T
Headwater Forest
Wetland D
Yes
Both
0.033
(acres)
W8
Floodplain Grading
T
Headwater Forest
Wetland E
No
Both
0.102
(acres)
W9
Floodplain Grading
T
Headwater Forest
Wetland F
No
Both
0.103
(acres)
W10
Floodplain Grading
T
Headwater Forest
Wetland G
Yes
Both
0.014
(acres)
W11
Floodplain Grading
T
Headwater Forest
Wetland H
No
Both
0.159
(acres)
W12
Channel Relocation
P
Headwater Forest
Wetland H
No
Both
0.003
(acres)
W13
Channel Relocation
P
Headwater Forest
Wetland I
No
Both
0.004
(acres)
W14
Floodplain Grading,
Haul Road, Temporary
Crossing
T
Headwater Forest
Wetland J
No
Both
0.041
(acres)
W15
Stream Crossing
P
Bottomland Hardwood Forest
Wetland K
Yes
Both
0.006
(acres)
W16
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland K
Yes
Both
0.016
(acres)
W17
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland L
No
Both
0.008
(acres)
W18
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland M
No
Both
0.016
(acres)

W19
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland N
No
Both
0.076
(acres)
W20
Fill Borrow Pit
P
Bottomland Hardwood Forest
Wetland P
Yes
Both
0.004
(acres)
W21
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland Q
No
Both
0.063
(acres)
W22
Floodplain Grading
T
Headwater Forest
Wetland S
Yes
Both
0.044
(acres)
2g. Total Temporary Wetland Impact
0.869
2g. Total Wetland Impact
0.903
2g. Total Permanent Wetland Impact
0.034
2i. Comments:
Impacts to wetlands are needed to conduct mitigation activities and will result in an increase in overall resource function.
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*
S1
Bank Grading, Boulder Sill
Permanent
Stabilization
Clarks Creek
Perennial
Both
40
Average (feet)
914
(linear feet)
S2
Remove Debris Jam
Temporary
Other
Clarks Creek
Perennial
Both
40
Average (feet)
59
(linear feet)
S3
Relocation
Permanent
Relocation
Big Branch
Perennial
Both
19
Average (feet)
2,044
(linear feet)
S4
Bank Grading
Permanent
Stabilization
UT to Big Branch
Intermittent
Both
2
Average (feet)
62
(linear feet)
S5
Relocation
Permanent
Relocation
UT1
Perennial
Both
12
Average (feet)
3,610
(linear feet)
S6
Relocation
Permanent
Relocation
U1-1B
Perennial
Both
9
Average (feet)
1,572
(linear feet)
S7
Relocation
Permanent
Other
UT3
Perennial
Both
3
Average (feet)
2,250
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
10,452
3i. Total stream and ditch impacts:
1043
31. Comments:
Impacts are for mitigation activities that will result in an increase in overall resource function.
4. Open Water Impacts
3i. Total temporary stream impacts:
59
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbodytype
4f. Impact area
01
Removal, Wetland Re-
establishment
P
Open Water 1
Other
Pond
0.74
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.74
4h. Comments:
The existing farm pond will be removed to facilitate wetland re-establishment.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.74
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:

Restoration and enhancement will impact project channels and wetlands during construction; however, these activities are designed to have an overall
long-term positive effect. Natural channel design techniques will be used to restore and improve stream function and habitat and establish flood
storage. Stream impacts were avoided or minimized to project reaches that exhibit less instability and incision. These reaches are generally proposed
for Enhancement II or preservation. Enhancement II will involve localized channel stabilization, fencing out cattle, removing invasive plant species, and
planting native riparian species. Preservation will avoid stream impacts and only involve fencing out cattle and removing invasives. Stream alignments
of relocated stream reaches were designed, and construction access roads will be located to avoid existing wetlands as much as possible and
minimize grading impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Project Construction will be done in the dry as much as possible through offline construction in areas of Priority 1 restoration and pumping around
when working in existing online channels. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeding, and
planted with native riparian species. Haul roads and access routes to be located on uplands where possible to avoid impacts. Construction activities
will follow the guidelines outlined in the NC Erosion and Sediment Control Planning and Design Manual.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
✓ Yes
f No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Compensatory mitigation should not be required for aquatic habitat restoration relative activities authorized under a NWP 27, since these activities must result in a net increase in
aquatic resources functions and services.
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?
✓ Yes
rHo
If no, explain why:
The project is located within the Yadkin River Basin which is not subject to NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
F Yes r No
Comments:
The stream and wetland project will not add any impervious surfaces.
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? *
6 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)?*
6 Yes r No
lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
6 Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes 0'No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes 6No
3b. If you answered "no," provide a short narrative description.
This is a stream and wetland mitigation project and will not cause an increase in development nor will it negatively impact downstream water quality.
The project area will be protected in perpetuity from future development through a conservation easement.
4. Sewage Disposal (DWR Requirement)

4a. Is sewage disposal required by DWR for this project?*
✓ Yes rNo( 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 CNo
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes rNo
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 r No
( No r Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
See the approved Categorical Exclusion Document in the project's Mitigation Plan for additional information.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes (No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
See the approved Categorical Exclusion Document in the project's Mitigation Plan for additional information.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
✓ Yes (No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
See the approved Categorical Exclusion Document in the project's Mitigation Plan for additional information.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
( Yes CNo
8b. If yes, explain how project meets FEMA requirements:
Wildlands has coordinated with the Montgomery county Planning and Zoning Department ho reviewed the project and determined a floodplain
development permit and a LOMR/No-Rise certification are not required.
8c. What source(s) did you use to make the floodplain determination?*
Montgomery County Flood Insurance Rate Map (FIRM) Panels 6593 and 6594 with effective dates of January 2, 2008.
Miscellaneous
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.
Click the upload button or drag and drop files here to attach docunent
PCN_Attachments.pdf 22.28MB
CrossCreekRanch401 FeeMemo.pdf 794.87KB
Cross Creek Ranch MP-FINAL.pdf 20.24MB
Approval Letter_NCDMS Cross Creek Ranch_SAW-2020-00051.pdf 210.13KB
Fie crust be FIT or KW
Comments
Signature ( )
*
7 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:
Carlynn Walker
Signature
6aais 4al t
Full Name (DMS Signature)
Lin Xu
DSM Signature
Le
Date
9/23/2021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
MEMORANDUM:
Debby Davis
TO:
NORTH CAROLINA
Environmental Quality
FROM: Lin Xu
SUBJRCT: Payment of Permit Fee for 401 Certificate Application
DATE: September 27, 2021
The Division of Mitigation Services (DMS) is implementing a mitigation project for Cross Creek
Ranch Mitigation Site in Montgomery County (DMS IMS # 10013 8). The activities associated
with this restoration project involve stream restoration related temporary stream and wetland
impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN)
Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses
a fee of $570.00 for this review.
Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for
this review. If you have any questions concerning this matter, I can be reached at
919-707-8319. Thanks for your assistance.
cc: Erin Davis, DWR
LD_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

REPLY TO
ATTENTION OF:
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 7, 2021
Re: NCIRT Review and USACE Approval of the NCDMS Cross Creek Ranch Mitigation Site /
Montgomery Co./ SAW-2020-00051/ NCDMS Project # 100138
Mr. Kelly Phillips
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Mr. Phillips:
The purpose of this letter is to provide the North Carolina Division of Mitigation Services
(NCDMS) with all comments generated by the North Carolina Interagency Review Team
(NCIRT) during the 30-day comment period for the Cross Creek Ranch Draft Mitigation Plan,
which closed on July14, 2021. These comments are attached for your review.
Based on our review of these comments, we have determined that no major concerns
have been identified with the Draft Mitigation Plan, which is considered approved with this
correspondence. However, several minor issues were identified, as described in the attached
comment memo, which must be addressed in the Final Mitigation Plan.
The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN)
Application for Nationwide permit approval of the project along with a copy of this letter. Issues
identified above must be addressed in the Final Mitigation Plan. All changes made to the Final
Mitigation Plan should be summarized in an errata sheet included at the beginning of the
document. If it is determined that the project does not require a Department of the Army permit,
you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the
USACE Mitigation Office at least 30 days in advance of beginning construction of the project.
Please note that this approval does not preclude the inclusion of permit conditions in the permit
authorization for the project, particularly if issues mentioned above are not satisfactorily
addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does
not guarantee that the project will generate the requested amount of mitigation credit. As you
are aware, unforeseen issues may arise during construction or monitoring of the project that may
require maintenance or reconstruction that may lead to reduced credit.

Thank you for your prompt attention to this matter, and if you have any questions
regarding this letter, the mitigation plan review process, or the requirements of the Mitigation
Rule, please email me at [e-mail] .
Sincerely,
Kimberly Danielle Digitally signed by Kimberly
Danielle Browning
Browning Date: 2021.09.08 08:03:05 -04'00'
Kim Browning
Mitigation Project Manager
for Ronnie Smith, Deputy Chief
USACE Regulatory Division
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Paul Wiesner—NCDMS
Jeff Keaton—WEI

DWR Pre -Filing Meeting Request Form
ID#*
Regional Office *
Reviewer List*
20200016
Version*
Central Office - [phone]
Erin Davis
Pre -Filing Meeting Request submitted 1/29/2021
Contact Name * Carlynn Walker
Contact Email Address* [e-mail]
Project Name * Cross Creek Ranch Mitigation Site
Project Owner* NC DEQ - Division of Mitigation Services (POC: Lin Xu, [e-mail])
Project County* Montgomery
Owner Address: Street Address
217 West Jones St., Suite 3000A
Address Line 2
City State / Rovince / Region
Raleigh NC
Fbstal / Zip Code Country
27603 USA
Is this a transportation project?* r Yes r 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#?*
r Yes C No
Please list all existing project ID's associated with this projects.*
DWR: 20200016, USACE: SAW-2020-
00051, DMS: 100138
Do you know the name of the staff member you would like to request a meeting with?
Erin Davis
Please give a brief project description below.*

The Cross Creek Mitigation Site seeks to generate stream and
wetland mitigation units for NCDEQ DMS. The project proposes to
restore, enhance, and preserve 14,245 existing linear feet (LF) of
stream, re-establish 4.432 acres of wetlands, and rehabilitate 0.701
acres of existing wetlands.
Please give a couple of dates you are available for a meeting.
2/16/2021
2/23/2021
2/19/2021
Please attach the documentation you would like to have the meeting about.
Pre -Filling Meeting Figures.pdf 7.3MB
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 1/29/2021

FIGURES

Project Parcels
Assessment Area
Existing Wetlands
Open Water (Pond)
Project Streams
Non -Project Streams
Soils
BdC - Badin Tarrus Complex - 8 - 15 % slopes
BdD - Badin - Tarrus Complex 15 - 25 % slopes
BeB2 - Badin - Tarrus Complex - 2 - 8 % slopes
BeC2 - Badin - Tarrus Complex, Moderately Eroded - 8 -15 % slopes
CnA- Chenneby Silt Loam - 0 - 2 % slopes
GoE - Goldston - Badin Complex - 15 - 45 % slopes
OkA- Oakboro Silt Loam - 0 - 2 % slopes
ShA- Shellbluff Silt Loam - 0 - 2 % slopes
TeB - Tillery Silt Loam - 0 - 6 % slopes
vrf
"+#;Q
Aerial Photography
WILDLANDS
ENGINEERING
0 245 490 Feet
I i I
PCN Soils Map
Cross Creek Ranch Mitigation Site
Yadkin River Basin 03040104
Montgomery County, NC

Mount Gilead West USGS 7.5 Minute Topographic Quadrangle
Project Parcels
WILDLANDS
ENGINEERING
0
1,200 Feet
I I I
PCN USGS Topographic Map
Cross Creek Ranch Mitigation Site
Yadkin River Basin 03040104
Montgomery County, NC

7tC /
UT to
Big Branch
•
Project Location
Assessment Area
Existing Wetlands
Permanent Wetland Impact
Temporary Wetland Impact
Existing Open Water (Pond)
Permanent Open Water Impact
Project Streams
Non -Project Streams
Permanent Stream Impact
Temporary Stream Impact
2019 Aerial Photograph
WILDLANDS
ENGINEERING
0
500 1,000 Feet
Figure 3 Impact Map (Overview)
Cross Creek Ranch Mitigation Site
Yadkin River Basin 03040104
Montgomery County, NC

Project Location
Assessment Area
Existing Wetlands
Permanent Wetland Impact
Temporary Wetland Impact
Existing Open Water (Pond)
Open Water Impact
Project Streams
Non -Project Streams
Permanent Stream Impact
Temporary Stream Impact
W16 - Floodplain Grading
W7 - Floodplain
Grading
W$-
Floodplain
Grading
W6 - Channel Relocation
W15 - Stream Crossing
W13 -
Channel
Relocation
W17 - Floodplain
Grading
S6 - Relocation
W12-
Channel
Relocation
'O1- Removal, Wetland
Re -Establishment
Open Water
W11-
W10- Floodplain
/Floodplain Grading
Grading
'
- T
S1 -Bank
Grading
S1 -Bank
/Grading
1 - Bank
Grading
W20 -
Fill Borrow
Pit
S1 - Bank
Grading
(Pond)
\S5 - Relocation
W14 - Floodplain Grading,
Haul Road, Temporary Crossing
UT to
Big Branch
S4 -
Bank
Grading
S3 - Relocation
W21 -
Floodplain
Grading
S1 - Bank
Grading, Boulde
Toe, Root Wad
2019 Aerial Photography
AWILDLANDS
ENGINEERING
0
250
500 Feet
Figure 3.1 Impact Map
Cross Creek Ranch Mitigation Site
Yadkin River Basin 03040104
Montgomery County, NC

W18-Floodplain Grading dOit
W19 -Floodplain Grading
W17 -Floodplain Grading -;
\01 Removal, Wetlan
Re -Establishment
Open
S7 - Bank
Grading,.
Log Sill
(Pond)
S6 - Relocation
S5 - Relocation
W14- Floodplain Grading,
Haul Road, Temporary Crossing
W22 - Floodplain
Grading
S7 -
Bank
Grading
S1 - Bank
Grading
P
S1 -
Bank
Grading
3[rl lag 01:1
S1 - Bank
Grading, Boulde
Toe, Root Wad
S3 - Relocation
S2 - Remove
Debris Jam
Project Location
Assessment Area
Existing Wetlands
Permanent Wetland Impact
Temporary Wetland Impact
Existing Open Water (Pond)
Open Water Impact
Project Streams
Non -Project Streams
Permanent Stream Impact
Temporary Stream Impact
2019 Aerial Photogra
�WILDLANDS
ENGINEERING
0
250
500 Feet
Figure 3.2 Impact Map
Cross Creek Ranch Mitigation Site
Yadkin River Basin 03040104
Montgomery County, NC

11
M1.1■
71.11
L
Project Location
Assessment Area
Existing Wetlands
Permanent Wetland Impact
Temporary Wetland Impact
Existing Open Water (Pond)
Open Water Impact
Project Streams
Non Project Streams
Permanent Stream Impact
Temporary Stream Impact
W5 - Floodplain
Grading
W3 - Floodplain
Grading
W2 - Channel Relocation
S7 -
Relocation,
Bank Grading
W6 - Channel
Relocation
W7 - Floodplain
Grading 1W8 - Floodplain Grading
W4 - Channel
Relocation
W1 - Floodplain Grading,
Haul Road, Temporary Crossing
55 - Relocation\
W12 - Channel
Relocation \
F W13 - Channel
Relocation
W9 - Floodplain Grading
W10 -
Floodplain
Grading
S7 - Bank
Grading,
Log Sill
(Pond)
W11- Floodplain
Grading
S7 - Bank
Grading
W14 - Floodplain Grading,
Haul Road, Temporary Crossing
S1 - Bank Grading
W22 - Floodplain
Grading
2019 Aerial Photography
kblii/WWILDLANDS
ENGINEERING
0
250
500 Feet
Figure 3.3 Impact Map
Cross Creek Ranch Mitigation Site
Yadkin River Basin 03040104
Montgomery County, NC

APPROVED PJD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00051 County: Montgomery U.S.G.S. Quad: NC- Mount Gilead West
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Wildlands Engineering
Ian Eckardt
Address: 1430 S. Mint Street, suite 104
Charlotte, NC 28203
Telephone Number: 704-517-4988
E-mail: ieckardt(a,wildlandseng.com
Size (acres) 113 Nearest Town Mount Gilead
Nearest Waterway Clarks Creek River Basin Upper Pee Dee
USGS HUC 03040104 Coordinates Latitude: 35.2322
Longitude: -80.0242
Location description: The project site is approximately 113 acres located adjacent to NC Hwy 73, near the town of Mount
Gilead, Montgomery County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/2/2020. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2020-00051
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact James Lastin2er at 919-554-4884 ext 32 or
James.C.Lastin2er(ausace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 11/13/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 07/07/2021 Expiration Date of JD: Not applicable

SAW-2020-00051
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0
Copy famished:
Property Owner: Cross Creek Family LP
Address: PO Box 43
Mt. Gilead, NC 27306
Telephone Number: 704-796-0222
E-mail:

PROCESS AND
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Wildlands Engineering Ian Eckardt File Number: SAW-2020-00051 Date: 07/07/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
x
SECTION
Additional
or the
I - The following identifies your rights and options regarding an administrative appeal
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
of the above decision.
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED
•
signature
rights
•
this
PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
on the Standard Permit or acceptance of the LOP means that you accept the permit
to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of
you may appeal the declined permit under the Corps of Engineers Administrative Appeal
it to the district engineer for fmal
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
form and sending the form to the division engineer. This form must be received by
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION: You may accept or appeal the
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify
date of this notice, means that you accept the approved JD in its entirety, and waive all
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under
Administrative Appeal Process by completing Section II of this form and sending the form
approved JD or provide new
the Corps within 60 days of the
rights to appeal the approved JD.
the Corps of Engineers
to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
1
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach
objections are addressed in the administrative record.)
additional information to this form to clarify where your reasons or
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the
Corps may add new information or analyses to the record.
However, you may provide additional information to clarify
record.
the location of information that is already in the administrative
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Attn: James Lastinger
Mr. Phillip Shannin, Administrative
Appeal Review Officer
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger , 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/13/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wildlands Engineering, Ian Eckardt, 1430 S.
Mint Street, suite 104, Charlotte, NC 28203
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Cross Creek Ranch
Mitigation site/NCDMS, SAW-2020-00051
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately
113 acres located adjacent to NC Hwy 73, near the town of Mount Gilead, Montgomery County, North
Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Montgomery City: Mount Gilead
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2322 Longitude: -80.0242
Universal Transverse Mercator:
Name of nearest waterbody: Clarks Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Z Office (Desk) Determination. Date: November 13, 2020
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (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)
Clarks Creek
35.2278
-80.0218
5081 LF
Non -wetland
Section 404
UT1
35.2362
-80.0327
3577 LF
Non -wetland
Section 404
UT1 B
35.2364
-80.0267
1570 LF
Non -wetland
Section 404
UT3
35.2340
-80.0350
3587 LF
Non -wetland
Section 404
Big Branch
35.2318
-80.0181
1999 LF
Non -wetland
Section 404
UT to Big
Branch
35.2321
-80.0180
75 LF
Non -wetland
Section 404
Wetland A
35.2362
-80.0322
0.075 acre
Wetland
Section 404
Wetland B
35.2361
-80.0315
0.129 acre
Wetland
Section 404
Wetland C
35.2357
-80.0310
0.004 acre
Wetland
Section 404
Wetland D
35.2356
-80.0307
0.036 acre
Wetland
Section 404
Wetland E
35.2356
-80.0304
0.102 acre
Wetland
Section 404
Wetland F
35.2349
-80.0301
0.103 acre
Wetland
Section 404
Wetland G
35.2341
-80.0295
0.051 acre
Wetland
Section 404
Wetland H
35.2344
-80.0285
0.162 acre
Wetland
Section 404
Wetland I
35.2346
-80.0290
0.004 acre
Wetland
Section 404
Wetland J
35.2337
-80.0271
0.041 acre
Wetland
Section 404

Wetland K
35.2357
-80.0270
0.022 acre
Wetland
Section 404
Wetland L
35.2354
-80.0266
0.008 acre
Wetland
Section 404
Wetland M
35.2351
-80.0264
0.039 acre
Wetland
Section 404
Wetland N
35.2347
-80.0261
0.076 acre
Wetland
Section 404
Wetland 0
35.2344
-80.0224
0.024 acre
Wetland
Section 404
Wetland P
35.2327
-80.0233
0.004 acre
Wetland
Section 404
Wetland Q
35.2301
-80.0219
0.063 acre
Wetland
Section 404
Wetland R
35.2331
-80.0334
0.028 acre
Wetland
Section 404
Wetland S
35.2301
-80.0303
0.028 acre
Wetland
Section 404
Wetland T
35.2285
-80.0297
0.032 acre
Wetland
Section 404
Pond
35.2341
-80.0284
0.741 acre
Non -Wetland
Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an 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 are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: attached
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
▪ USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
▪ U. S. Geological Survey map(s). Cite scale & quad name- Mount Gilead Quad
® Natural Resources Conservation Service Soil Survey. Citation: NRCS websoil survey
® National wetlands inventory map(s). Cite name- USFWS NWI
❑ State/local wetland inventory map(s):
▪ FEMA/FIRM maps: NC FIRM maps
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): 2019 aerial
or Z Other (Name & Date): site photos undated
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
07/07/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action.

Montgomery County, NC
0
0
0 —
0
0 —
LO
0 —

Yadkin River Basin 03040104
N
LL
Montgomery County, NC
0
0 —
U7
0
In —
0 —

Montgomery County, NC
0
0 —
U7
0
In —
N
0 —

Montgomery County, NC
0 -

CATEGORICAL EXCLUSION

Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 2
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part
Project Name:
1: General Project Information
Cross Creek Ranch Mitigation Site
County Name:
Montgomery County
100138
DMS Number:
Project Sponsor:
Wildlands Engineering, Inc.
Project Contact Name:
Kirsten Gimbert
Project Contact Address:
1430 S. Mint Street, Suite 104, Charlotte, NC 28203
Project Contact E-mail:
[e-mail]
DMS Project Mana • er:
Kelly Phillips
Project Description
The project includes stream restoration,
and multiple unnamed tributaries. Three
the floodplains of project streams. Clarks
Norwood Dam on Lake Tillery. The
wetland mitigation is currently an active
timber areas.
enhancement, and preservation on Clarks Creek, Big Branch,
areas of relic wetlands are proposed for re-establishment within
Creek drains to the Pee Dee River just downstream of the
area surrounding the streams and channels proposed for stream and
farm composed of cattle pastures and previously deforested
For Official Use Only
Reviewed By:
3/11/2020 Katy p i'i'i y
Date DMS Project Manager
Conditional Approved By:
3 -//-2-O Z ai a t34 -
Date For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
8 -2. =Z© Pow -aid G(). 34_zr r;--
Date For Division Administrator
FHWA
6
Version 1.4, 8/18/05

Part 2: All Projects
Regulation/Question Response
Coastal Zone Management Act (CZMA)
1. Is the project located in a CAMA county?
• Yes
0 No
2. Does the project involve ground -disturbing activities within a CAMA Area of
Environmental Concern (AEC)?
• Yes
■ No
1 N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
0 N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
Program?
❑ Yes
• No
✓ N/A
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
1. Is this a "full -delivery" project?
0 Yes
■ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
designated as commercial or industrial?
• Yes
✓ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
hazardous waste sites within or adjacent to the project area?
❑ Yes
✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
waste sites within or adjacent to the project area?
❑
❑
✓
Yes
No
N/A
5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous
waste sites within the project area?
❑
❑
✓
Yes
No
N/A
6. Is there an approved hazardous mitigation plan?
❑
❑
Yes
No
N/A
National Historic Preservation Act (Section 106)
1. Are there properties listed on, or eligible for listing on, the National Register of
Historic Places in the project area?
❑ Yes
✓ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
1 N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
✓ N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform
Act)
1. Is this a "full -delivery" project?
✓ Yes
❑ No
2. Does the project require the acquisition of real estate?
1 Yes
• No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
✓ No
❑ N/A
4. Has the owner of the property been informed:
* prior to making an offer that the agency does not have condemnation authority; and
* what the fair market value is believed to be?
✓ Yes
❑ No
• N/A
7 Version 1.4, 8/18/05

Part 3: Ground -Disturbing Activities
Regulation/Question Response
American Indian Religious Freedom Act (AIRFA)
1. Is the project located in a county claimed as "territory" by the Eastern Band of
Cherokee Indians?
• Yes
✓ No
2. Is the site of religious importance to American Indians?
❑ Yes
❑ No
✓ N/A
3. Is the project listed on, or eligible for listing on, the National Register of Historic
Places?
❑ Yes
❑ No
1 N/A
4. Have the effects of the project on this site been considered?
❑ Yes
❑ No
✓ N/A
Antiquities Act (AA)
1. Is the project located on Federal lands?
❑ Yes
✓ No
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
of antiquity?
❑ Yes
❑ No
✓ N/A
3. Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓ N/A
4. Has a permit been obtained?
❑ Yes
❑ No
Archaeological Resources Protection Act (ARPA)
1. Is the project located on federal or Indian lands (reservation)?
❑ Yes
✓ No
2. Will there be a loss or destruction of archaeological resources?
❑
❑
✓
Yes
No
N/A
3. Will a permit from the appropriate Federal agency be required?
❑
❑
✓
Yes
No
N/A
4. Has a permit been obtained?
❑
❑
1
Yes
No
N/A
Endangered Species Act (ESA)
1. Are federal Threatened and Endangered species and/or Designated Critical Habitat
listed for the county?
✓ Yes
❑ No
2. Is Designated Critical Habitat or suitable habitat present for listed species?
✓ Yes
❑ No
❑ N/A
3. Are T&E species present or is the project being conducted in Designated Critical
Habitat?
❑ Yes
✓ No
❑ N/A
4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify"
Designated Critical Habitat?
❑ Yes
❑ No
✓ N/A
5. Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
✓ N/A
6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
✓ N/A
8
Version 1.4, 8/18/05

Executive Order 13007 (Indian Sacred Sites)
1. Is the project located on Federal lands that are within a county claimed as "territory"
by the EBCI?
❑ Yes
✓ No
2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
project?
❑ Yes
❑ No
✓ N/A
3. Have accommodations been made for access to and ceremonial use of Indian sacred
sites?
❑ Yes
❑ No
✓ N/A
Farmland Protection Policy Act (FPPA)
1. Will real estate be acquired?
✓ Yes
❑ No
2. Has NRCS determined that the project contains prime, unique, statewide or locally
important farmland?
✓ Yes
❑ No
❑ N/A
3. Has the completed Form AD-1006 been submitted to NRCS?
✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act (FWCA)
1. Will the project impound, divert, channel deepen, or otherwise control/modify any
water body?
✓ Yes
❑ No
2. Have the USFWS and the NCWRC been consulted?
✓ Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act (Section 6(f))
1. Will the project require the conversion of such property to a use other than public,
outdoor recreation?
❑ Yes
✓ No
2. Has the NPS approved of the conversion?
❑ Yes
❑ No
✓ N/A
Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish
Habitat)
1. Is the project located in an estuarine system?
❑ Yes
✓ No
2. Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
✓ N/A
3. Is sufficient design information available to make a determination of the effect of the
project on EFH?
❑ Yes
❑ No
✓ N/A
4. Will the project adversely affect EFH?
❑ Yes
❑ No
✓ N/A
5. Has consultation with NOAA-Fisheries occurred?
❑ Yes
❑ No
✓ N/A
Migratory Bird Treaty Act (MBTA)
1. Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
✓ No
2. Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
✓ N/A
Wilderness Act
1. Is the project in a Wilderness area?
❑ Yes
✓ No
2. Has a special use permit and/or easement been obtained from the maintaining
federal agency?
❑ Yes
❑ No
✓ N/A
9
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