20200035 Ver 1_401 Application_20211015

DW R
mrlsloa of ware. Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
20200035
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Erin Davis:eads\ebdavis
Information for Initial Review
1a. Name of project:
Liberty Rock Mitigation Site
1a. Who is the Primary Contact?*
Angela Allen
1 b. Primary Contact Email:
[e-mail]
Date Submitted
10/15/2021
Nearest Body of Water
Rocky River
Basin
Cape Fear
Water Classification
WS-III
Site Coordinates
Latitude: Longitude:
35.8204-79.5622
Pre -Filing Meeting Information
Is this a courtesy copy notification?
Yes No
ID#
20200035
Pre -fling Meeting or Request Date
5/14/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type must be PDF
A. Processing Information
Version# *
1
Reviewing Office*
Central Office - [phone]
1c. Primary Contact Phone:*
[phone]
Version
1
54.06KB

County (or Counties) where the project is located:
Randolph
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.*
na
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. 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 No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Wildlands Farms, LLC
2b. Deed book and page no.:
Deed Book:2763 Page:2207
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2c. Contact Person:
Shawn Wilkerson
2d.Address
Street Address
1430 S. Mint Street
Address Line 2
Suite 104
City
Charlotte
Postal / Zip Code
28203
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
Address Line 2
Suite 3000A
City
Raleigh
Postal / Zip Code
27603
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Charlie Neaves
4b. Business Name:
Wildlands Engineering
4c.Address
Street Address
312 W. Millbrook Rd
Address Line 2
Suite 225
City
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
State / Province / Region
NC
Country
United States
2f. Fax Number:
State / Province / Region
NC
Country
United States
3e. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:

1c. Nearest municipality / town:
Liberty, NC
2. Project Identification
2a. Property Identification Number:
8735234859,8735347060
2b. Property size:
100.05
2c. Project Address
Street Address
No Physical Address. The property is accessed via the access easement between 7279 and 7280 Liberty Park Ave.
Address Line 2
City
Liberty
Postal / Zip Code
27298
3. Surface Waters
3a. Name of the nearest body of water to proposed project:'
Rocky River
3b. Water Resources Classification of nearest receiving water:*
WS-III
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300030501
4. Project Description and History
State / Province / Region
NC
Country
United States
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 within the project area is grazed pasture with forest along the northern and southern perimeter. Project streams are degraded because of past land practices and ongoing cattle
access. Degraded conditions include stream incision, bank erosion, and impaired aquatic habitat. The adjacent property to the west is mostly forested. Highway 421 runs northwest to
southeast along the project parcels and a railroad forms the eastern property boundary. Commercial property is also located to the east of the project parcels.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
5.137
4g. List the total estimated linear feet of all existing streams on the property:
4627
4h. Explain the purpose of the proposed project:
The purpose of the project is to provide stream and wetland mitigation credits in the Cape Fear 03030003 service area. Stream mitigation practices will include stream restoration,
enhancement I, enhancement II, and preservation. Wetland mitigation practices will include re-establishment, rehabilitation, and enhancement. Riparian buffer planting will also be
conducted
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Stream restoration will involve excavation of a new channel that is designed to be functional and stable. Stream dimension, pattern, and profile have been designed to allow frequent
overbank flows, a stable bed with variable bedforms using in -stream structures, well vegetated banks, and improvements to aquatic habitat. The Enhancement I reach will not impact the
channel bed to avoid adverse impacts to sensitive mussel species. Bank grading and stabilization will be the primary mechanical work to the Enhancement I reach. The short
Enhancement II reach will have a series of rock sills constructed. Wetland re-establishment and rehabilitation will be accomplished through elevating streambeds and plugging cattle
trampled relic channel features that provide surface water drainage. The project area will be place in a conservation easement in perpetuity. Native trees and herbaceous plants will be
planted within the entire easement. Indirect impacts to water resources are not expected. Excavators and bulldozers will be used for channel excavation, filling, and floodplain grading. Off
road dump trucks will be used for hauling soil.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-00047
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Charlie Neaves

Agency/Consultant Company: Wildlands Engineering
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE Preliminary Jurisdictional Determination was issued 11116/2020.
No State determination was made.
6. Future Project Plans
6a. Is this a phased project?*
Yes 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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* M
2c. Type of W. *
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition *
2g. Impact
area
W1
Channel Relocation,
P
mland Hardwood Forest
ff
Wetland LL
No
Both
0.240
Wetland Plug
(acres)
W2
FloodplainGrading,
T
Bottomland Hardwood Forest
Wetland LL
No
Both
0(a4es)
Road
W3
Channel Relocation
P
Bottomland Hardwood Forest
Wetland V
No
Both
0.006
W4
Channel Relocation
P
Bottomland Hardwood Forest
Wetland S
No
Both
(acres)
0.010
(acres)
W5
Channel Relocation
P
Bottomland Hardwood Forest
Wetland R
No
Both
0.003
W6
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland R
No
Both
(acres)
0.003
(acres)
W7
Channel Relocation
P
Bottomland Hardwood Forest
Wetland NN
No
Both
0.002
W8
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland NN
No
Both
(acres)
0.002
W9
Channel Relocation
P
Bottomland Hardwood Forest
Wetland MM
No
Both
(acres)
0.006
W10
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland MM
No
Both
(acres)
0.007
(acres)
W11
Channel Relocation
P
Bottomland Hardwood Forest
Wetland 00
No
Both
0.009
W12
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland 00
No
Both
(acres)
0.004
W13
Haul Road
T
Bottomland Hardwood Forest
Wetland PP
No
Both
(acres)
0.002
W14
Channel Relocation
P
Bottomland Hardwood Forest
Wetland L
No
Both
(acres)
0.004
W15
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland L
No
Both
(acres)
0.001
W16
Channel Relocation
P
Bottomland Hardwood Forest
Wetland Z
No
Both
(acres)
0.001
(acres)
W17
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland Z
No
Both
0.001
W18
Channel Relocation
P
Bottomland Hardwood Forest
Wetland M
No
Both
(acres)
0.005
(acres)
W19
Channel Relocation
P
Bottomland Hardwood Forest
Wetland FF
No
Both
0.031
(acres)

W20
Floodplain Grading,
T
Bottomland Hardwood Forest
Wetland FF
No
Both
0.014
Haul Road
(acres)
W21
Channel Relocation
P
Bottomland Hardwood Forest
Wetland X
No
Both
0.004
W22
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland X
No
Both
(acres)
0.001
W23
Channel Relocation
P
Bottomland Hardwood Forest
Wetland Y
No
Both
(acres)
0.005
(acres)
W24
Wetland Plug
P
Bottomland Hardwood Forest
Wetland EE
No
Both
0.003
(acres)
W25
Channel Relocation
P
Bottomland Hardwood Forest
Wetland I
No
Both
0.032
W26
Floodplain Grading
T
Bottomland Hardwood Forest
Wetland I
No
Both
(acres)
0.014
W27
Channel Relocation
P
Bottomland Hardwood Forest
Wetland JJ
No
Both
(acres)
0.010
W28
Floodplain Grading,
T
Bottomland Hardwood Forest
Wetland JJ
No
Both
(acres)
0.010
Haul Road
(acres)
W29
Floodplain Grading,
T
Bottomland Hardwood Forest
Wetland GG
No
Both
O(00
HaulRoad
s)
W30
Rock Sills
P
Bottomland Hardwood Forest
Wetland GG
No
Both
0.001
(acres)
W31
Channel Relocation
P
Headwater Forest
Wetland A
No
Both
0.035
W32
Floodplain Grading
T
Headwater Forest
Wetland A
No
Both
(acres)
0.027
W33
Channel Relocation
P
Headwater Forest
Wetland B
No
Both
(acres)
0.001
W34
Channel Relocation
P
Headwater Forest
Wetland C
No
Both
(acres)
0.005
W35
Floodplain Grading
T
Headwater Forest
Wetland C
No
Both
(acres)
0.010
W36
Channel Relocation
P
Headwater Forest
Wetland E
No
Both
(acres)
0.002
(acres)
W37
Floodplain Grading
T
Headwater Forest
Wetland E
No
Both
0.003
W38
Channel Relocation
P
Headwater Forest
Wetland F
No
Both
(acres)
0.007
(acres)
ff7rioo
dplain Grading
T
Headwater Forest
Wetland F
No
Both
0.002
acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.249 0.422
2g. Total Wetland Impact
0.671
21. Comments:
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width*
3h. Impact
E
(?)
Jurisdiction*
length*
S1
Relocation
Permanent
Relocation J�yiver
Perennial
Both
20
2,028
Average (feet)
Qinear feet)
S2
Bank Stabilization
Temporary
Bank Stabilization J
Rocky River
Perennial
Both
23
570
�
Average (feet)
Qinear feet)
S3
Relocation
Permanent
Relocation
Schist Creek
Perennial
Both
11
254
Average (feet)
(linear feet)
S4
Temporary Crossing
Temporary
Other
Dolomite Creek
Intermittent
Both
12
15
Average (feet)
(linear feet)
S5
Rock Sills
Permanent
Other
Dolomite Creek
Intermittent
Both
12
35
—]
Average (feet)
(linear feet)

S6 Relocation Permanent Relocation JMica Creek Perennial Both 7 Llrl.ell
Avemge(feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
3,437
3i. Total stream and ditch impacts:
877
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
585
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Mitigation activities 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 enhance stream function and habitat. Enhancement I along the Rocky
River will primarily involve bank work to avoid impacting the streambed and sensitive mussel species. This approach is explained in greater detail in the
mitigation plan. Stream alignments were designed to avoid existing wetlands as much as possible. Unavoidable impacts to wetlands are due to
floodplain grading, conversion of wetland to stream channel, or plugging of swales that drain surface water.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Restoration will involve construction of offline channel sections which will minimize sedimentation to aquatic systems during construction. Newly
constructed channel banks will be stabilized using biodegradable coir fiber matting and seeded and planted with native riparian vegetation. Temporary
construction crossings will be minimized. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design
Manual. Practices to minimize impacts to rare mussel species are addressed in the mitigation plan comment response letter, mitigation plan text, and
mitigation plan appendices.
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 No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Compensatory mitigation is not required for aquatic habitat restoration that results in a net improvement in resource function.
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?
Yes No
If no, explain why:
This project is within the Cape Fear 03030003 basin outside of the Randleman Lake Watershed. This location is not identified in one of the NC Riparian Buffer Protection Program Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
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?
Yes No
1 b. 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 (NEPAISEPA)?*
Yes No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
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 No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
Development is explicitly prohibited within the conservation easement, and the project is not expected to encourage nor facilitate future development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
See the approved Categorical Exclusion document in the 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)
i Will this project occur in a FEMA-designated 100-year floodi
Yes No
8b. If yes, explain how project meets FEMA requirements:
A floodplain development permit will be obtained from the Randolph County Floodplain Administrator. A Conditional Letter of Map Revision (CLOMR)
application has been submitted to FEMA and correspondence is currently in progress. All necessary permits will be obtained prior to construction.

8c. What source(s) did you use to make the floodplain determination?*
FIRM panel 3710872400K effective 1/2/2008.
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 document
Apper ix.pdf
6.76MB
LibertyRock401 FeeMemo.pdf
218.99KB
Approval Letter Liberty Rock_SAW-2020-00047.pdf
210.07KB
LibertyRock_100135_MP_2021.pdf
31.04MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Charles Mitchell Neaves III
Signature
�e �Az1W
Full Name (DMS Signature)
Lin Xu
DSM Signature
O�C�'aj lG
Date
10/15/2021