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HomeMy WebLinkAbout20220378 Ver 1_401 Application_20220308Staff Review Form NORTH CAROLINA Ertrlmnmertlrtl Quality Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20220378 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes No Colleen Cohn:eads\cmcohn Raleigh Regional Office - (919) 791-4200 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Project Contact Information Name: James Michael Stocks Who is submitting the information? Email Address: mstocks@stocksengineering.com Project Information Project Name: Flowers Plantation SW Quad Dam Repair Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Johnston Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Flowers SW Buffalo and NC-42 Dam Photos.pdf Flowers Plantation Dam - SW Buffalo and NC42 Letter 10-13-20.pdf Figure 4.pdf Dam Repair area - New Pond Elevation 272-11 10- 22-21 REV 11-8-21.pdf DWQ buffer Ietter03057_031003.pdf Flowers Plantation JD_200320493.pdf PCN FillableForm v4-2 01312022 Protected - Submitted 3-8-22.pdf Mike - AGENT AUTHORIZATION FORM.pdf Only pdf or kmz files are accepted. 1.02MB 4.31MB 249.44KB 1.18MB 1.46MB 3.04MB 157.71KB 37.67KB Describe the attachments or comments: Title of attachments were intended to be self-explanatory. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: Submittal Date: Is filled in automatically. NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.650878 Longitude (DD.DDDDDD): 78.348183 Form Version 4.2, January 31, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN %20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide- Permits/Pre-construction-Notification/ A. Processing Information County (counties) where project is located: * Johnston Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- applicant) ❑ Yes ❑x No Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. Page 1 of 23 PCN Form -Version 4.2, January31, 2022 1 a. Type(s) of approval sought from the Corps: * ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. * Click to enter a date. 1 b. What type(s) of permit(s) do you wish to seek authorization? ❑x Nationwide Permit (NWP) ❑Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * 0 Yes ❑ No NWP number(s) (list all numbers ): 3 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act * Click to enter text. 1 d. Type(s) of approval sought from DWR (check all that apply): * ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑Yes ❑x No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑Yes ❑x No ❑Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 23 PCN Form - Version 4.2, January31, 2022 B. Applicant Information la. Who is the primary contact? J. Michael Stocks 1 b. Primary Contact Email: mstocks@stocksengineering.com lc. Primary Contact Phone: (###)###-#### 252.903.6891 1 d. Who is applying for the permit/certification? all that apply) (check 0 Owner ❑Applicant (other than owner) 1 e. Is there an agent/consultant for this project? 0 Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Flowers Crossroads Lake, LLC 2b. Deed Book and Page No.: 05794/0944 2c. Contact Person (for corporations): Reid Stephenson 2d. Address * Street Address: 4880 NC Highway 42 E Address line 2: Click to enter. City: Clayton State/ Province/ Region: NC Postal/ Zip Code: 27527 Country: USA 2e. Telephone Number: (###)###-#### 919.369.8332 252.459.8197 2f. Fax Number: (I/II/f)###-#### 2g. Email Address: i reid@flowersplantation.com 3. Applicant Information (if different from owner) 3a. Name: Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: (###)###-#### Click to enter. 3e Click to enter. Fax Number: (I/I/If)###-#### 3f. Email Address: Click to enter. Page 3 of 23 PCN Form -Version 4.2, January31, 2022 4. Agent/ Consultant (if applicable) 4a. Name: * J. Michael Stocks 4b. Business Name: Stocks Engineering, PA 4c. Address: * Street Address: 801 E Washington Street Address line 2: PO Box 1108 City: Nashville State/ Province/ Region: NC Postal/ Zip Code: 27856 Country: USA * 252.903.6891 4d. Telephone Number: (44444)ftttt 4444444 252.459.8197 4e Fax Number: (44444)ftttt ###i# 4f. Email Address: * mstocks@stocksengineering.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army. mi I/Missions/Redu latory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 23 PCN Form - Version 4.2, January31, 2022 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Flowers Plantation SW Quad Dam Repair 1 b. Subdivision name (if appropriate): Flowers Plantation 1 c. Nearest municipality/town: * Clayton 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 169900-32-8644 2b. Property size (in acres): 17.00 2c. Project Address: Street Address: 4880 NC Highway 42 E Address line 2: City: Clayton State/ Province/ Region: NC Postal/ Zip Code: 27827 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.650878 Longitude (-DD.DDDDDD): *-78.348183 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Unamed Tributary to the Neuse River 3b. Water Resources Classification of nearest receiving water: * 27-(38.5) The Surface Water Classification map may be found at this link: https://ncdenr. maps. arcgis. com/apps/webappviewer/index. html?id=6e 125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located? * Neuse Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: * 030202011104 The Find Your HUC map may be found at this link: https://ncdenr. maps.arcgis.com/apps/Public) nformation/index. html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 5 of 23 PCN Form - Version 4.2, January31, 2022 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 site is a +/-10.66 ac pond dam that was constructed over 50 years ago. The generally land use is residential and commercial. All adjacent land is within the Flowers Plantation PUD. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? ❑Yes ❑x No ❑Unknown If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): [Click to enter.] [Click to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Notification to Johnston County. 4d. Attach an 81/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 81/2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 0.1 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0.00 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 10.67 acres 4h. Explain the purpose of the proposed project: * To repair erosion of an existing dam 4i. Describe the overall project in detail, including the type of equipment to be used: * Dewatering pump with silt bag, excavator, compactor, dump truck, miscellaneous hand tools. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 6 of 23 PCN Form - Version 4.2, January31, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? * 0 Yes ❑ No ❑Unknown Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ❑ Preliminary ❑x Approved ❑ Emailed concurrence ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): 200320493 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Sean Clark and Kevin Martin Agency/Consultant Company: S&EC Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE - Amanda Jones, August 13, 2003: NCDWR — Deborah Edwards, August 7 2002 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. None 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Southwest Crossroads Holding, LLC and Southwest Flowers Crossroads Association, Inc. at 4880 NC Highway 42 E, Clayton, NC 27527 and Ardmore at Flowers 1, LLC at 1400 W Northwood Street, Greensboro, NC 27408 8. Scheduling of activity: To complete the repair as soon as possible. Page 7 of 23 PCN Form - Version 4.2, January31, 2022 D. Proposed Impacts Inventory 1. Impacts Summary 1 a. Where are the impacts associated with your project (check all that apply): ❑ Wetlands ❑ Buffers ❑ Pond Construction ❑ Streams - tributaries ❑x Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac) W1 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perrr Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0.00 ac 2g2. Total permanent wetland impacts 0.00 ac 2g3. Total wetland impacts 0.00 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: N/A 2i. Comments: This project is a dam repair project. Page 8 of 23 PCN Form - Version 4.2, January31, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration 3c. Impact Type 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) * S1 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0.00 linear ft 3i2. Total permanent stream impacts: 0.00 linear ft 3i3. Total temporary stream impacts: 0.00 linear ft 3i4. Total stream and ditch impacts: 0.00 linear ft 3j. Comments: This project is a dam repair project. Page 9 of 23 PCN Form - Version 4.2, January31, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Dam Repair Permanent Unamed Trib to Neuse Bank Stabilization/ Fill (Incl. Riprap) Pond 0.15 Ac 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts 0.15 ac 4g. Total permanent open water impacts 0.00 ac 4g. Total open water impacts 0.15 ac 4h. Comments: We are proposing to place 6,702 SF of new fill material in order to repair the existing dam. The proposed water surface will be raised 0.13' (1 9/16") higher. The net increase of the water surface will be 171 SF (0.0039256 Ac) 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P3 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: This project is a dam repair project. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 10 of 23 PCN Form -Version 4.2, January31, 2022 Page 11 of 23 PCN Form - Version 4.2, January31, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other:.:Aick to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. '(IN Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. YIN Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to ente Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. ON Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. '(IN Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: 0 sq ft Zone 2: 0 sq ft 6h. Total permanent impacts: Zone 1: 6702 sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: 6702 sq ft Zone 2: 0 sq ft 6i. Comments: This is dam repair project. No permanent impact to buffer zone 1 or zone 2. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 23 PCN Form - Version 4.2, January31, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: * This is a dam repair project. Only working in area to repair the existing dam. Johnston County Erosion Control Measures will be designed to protect sediment runoff and downstream waters. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * This is a dam repair project. Only working in the area to repair the existing dam. Johnston County Erosion Control Measures will be implemented to protect sediment runoff and downstream waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * (check all that apply) ❑ DWR ❑ Corps 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) ❑ Mitigation Bank ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=1 07:27:273470961 1497:: NO: RP:P27 BUTTON KEY:0 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. Page 13 of 23 PCN Form - Version 4.2, January31, 2022 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑Yes ❑ No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 23 PCN Form - Version 4.2, January31, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 0 Yes ❑ No 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.dov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen 0 Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * ❑ Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * 0 Yes ❑ No To look up low density requirements, click here: http://reports.oah.state.nc. us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003. pdf 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? * ❑ Yes ❑ No 0 n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? (Check all that apply.)* 0 Local Government ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ❑Phase II ❑ USMP 0 NSW ❑ Water Supply Page 15 of 23 PCN Form - Version 4.2, January31, 2022 Please identify which local government stormwater program you are using. * Johnson County. This is a dam repair project State Stormwater Programs * ❑ Phase II ❑ HOW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 23 PCN Form - Version 4.2, January31, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * ❑ Yes ❑x 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 (NEPA/SEPA)? * ❑ Yes ❑ No 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) * ❑ Yes ❑ No Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * ❑ Yes ❑x No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? * ❑ Yes ❑x No 3b. If you answered "no", provide a short narrative description: This is a dam repair project. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ❑ Yes ❑x No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Click to enter. Page 17 of 23 PCN Form - Version 4.2, January31, 2022 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? (IPAC weblink: https://www.fws.gov/ipac/ [fws.gov]) * ❑ Yes ❑x No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * ❑ Yes ❑x No 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 0Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. ❑ Yes ❑ No Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-red.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * ❑ Yes ❑x No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * www.IPAC.gov. The species listed do NOT have a 'pond habitat' and would typically not be impacted by the proposed dam repair work. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * ❑ Yes ❑ No ❑x Unknown Page 18 of 23 PCN Form - Version 4.2, January31, 2022 Will this project affect submerged aquatic vegetation? * ❑ Yes ❑ No ❑x Unknown Explain: This is dam repair project 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * www.IPAC.gov. The species listed do NOT have a 'pond habitat' and would typically not be impacted by the proposed dam repair work. on 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://dis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * ❑Yes ❑x No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * The fact that previous ACOE and DWR permits have been issued on sites near by. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? County GIS mapping Page 19 of 23 PCN Form - Version 4.2, January31, 2022 H. Miscellaneous Page 20 of 23 PCN Form - Version 4.2, January31, 2022 Comments: The SW Quad Pond at Flowers Plantation is in need of some major repair and rehabilitation. Per meeting on - site with the ACOE and you, we are thinking Nationwide Permit Number 3. The is for maintenance, repair and rehabilitation of an existing dam. There is no net loss of wetlands or surface waters. Normal downstream flows will be maintained. No Flooding should take place. No dredging will be performed for navigation. This is an inland pond and not beach restoration. No new stream channelization or stream relocation will be needed. Site Observations: The existing dam embankment is approximately 426 feet long. The majority of the crest of the dam is brush and grass with some trees along the edge near the water, and is approximately 8 to 12 feet in width and approximately 2.3 feet in height above the normal pool elevations. The downstream slop varies from 5 to 20 feet in height. The downstream slope is steep (greater than 2H:1V in most areas based on estimated visual observation) and heavily vegetated with brush and trees. These were NO working outlets observed, however the dam along the southwestern edge has eroded (washed-out) and water is flowing out of the pond in the south/southwest direction. See Flowers SW Buffalo and NC-42 Dam Photos. Downstream Slope Observations: No unstable areas or shallow sloughing was observed on the downstream slope of the pond, however as previously noted it does appear to be 2H:1V or steeper in most locations. Slopes steeper than 2.5H:1V typically have a higher potential for experiencing shallow sloughing, especially during the water times of the year. Shallow sloughing does not typically result in immediate safety risk or dam failure, but it does require maintenance and repair to avoid an increase in the advancement of distress and damage to the embankment over time. In addition, there are large trees that over time my fall creating voids in the near surface of the slope. Similar to sloughing this is more of a maintenance and repair issue. Reconstruction Considerations: As an alternative to complete removal and reconstruction we suggest consideration be given to construction of a new embankment adjacent to the upstream side of the existing dam. As previously noted, the existing embankment does not meet the required factor of safety for downstream slop stability, and the downstream slope is steep and heavily overgrown. As such we recommend that a new dam be constructed in front of the existing dam. The new dam can be connected to the existing embankment and not be negatively affected by any potential future distress in the existing embankment. The existing downstream slope could remain undisturbed since the previously mentioned sloughing and distress related to fallen trees would not negatively affect the proper function of the new embankment. See the attached figure 4. Design Considerations: It is our understanding that the dam does NOT fall under review of the North Carolina Dam Safety Program. It is a single private ownership that provides protection only to land or other property under the same ownership and that does not pose a threat to human life or property below the dam. And it is less than 25 feet in height or that has an impoundment capacity of less than 50 acre-feet or water. Design and construction requirements typically do not change based on classification, but the timing and complications of plan preparation, submittal and construction is greatly reduced by not having to go through the full review process. It is our understanding the Johnston County will issues Erosion and Sedimentation Control (land disturbance permit), if disturbance is greater than one -acre and the US CORPS will need notification of Nationwide Permit #3 to allow for the repair and rehabilitation work to be completed. Construction Considerations: Construction of the new embankment will require lowering the water level sufficient to install a coffer dam. A pump system may be needed to create the required space for construction. Once the area has been Page 21 of 23 PCN Form - Version 4.2, January31, 2022 dewatered it will need have to be excavated down to firm material prior to installation of the new outlet structure and new embankment. There will likely be a significant amount of soft material that has been deposited in this area that will be required to be removed. The loose wet material will also need to be removed from the upstream slope. Final Deposition of the Dam/Surface Area of the pond: The current water surface elevation is 271.98 feet with a surface area of 464,480 SF. The proposed dam will encroach into the existing surface water approximately 10- to 18-feet. The new embankment will place approximately 3,000 CY of fill material in front of the existing embankment. The proposed new water surface will be 272.11 feet. This is 0.13 feet higher than current. Due to raising the water surface 0.13 feet the new water surface area will be 464,651 SF. This is the water surface area after deducting the newly place fill material. The new water surface area will be 171 SF larger than the current. No wetlands will be impacted on the downstream of the dam, as no construction activity will be done on the downstream side and not wetlands on the upstream side will be flooded. It is our belief that the current pond is several inches below the elevation of the pond when the wetlands surrounding the pond were evaluated. Therefore, raising the water surface elevation of the pond 0.13 feet will be closer to the original pond elevation. The currently existing dam height is +/-274.25. With the new water surface elevation at 272.11, there will be 2.14 feet of dam height above the water surface elevation at normal pool. From: Deborah Shirley <dshirley@sandec.com> Sent: Tuesday, February 01, 2022 2:28 PM To: Hopper, Christopher D CIV USARMY CESAW (USA) <Christopher.D.Hopper@usace.army.mil> Cc: Mike Stocks <mstocks@stocksengineering.com> Subject: RE: SW Quad Flowers Dam Maintenance Question: NWP 3 includes removal of sediments in the immediate vicinity. Paragraph b. addresses removal of accumulated sediments outside the immediate vicinity of the maintenance activity. I am under the impression sediments accumulated against the existing dam would need to be removed. Would other areas of the pond be excavated as well, or only those deposits abutting the repair project? Response: No sediment within the surface waters of the pond will be removed EXCEPT in the vicinity of the current dam. All existing wet material/sedimentation will be removed in order to construct the dam on/in solid material in this area only. The area within about 15 to 20 feet immediately in front of and adjacent to the existing dam will be excavated and this material removed. A keyway will be cut into the face of the dam and then a low permeable material will be placed to construct a new dam in front of the existing. Figure 4 shows the 'new dam' to be constructed in front of the existing dam. No material will be remove from the pond other than the material needed for construct the dam. Dam repair Area — New Pond Elevation 242-11 10-22-21 REV 11-8-21. Pdf shows a plan view of the area where the material will be removed and replaced. It is only the area denoted as 'NEW FILL FOR DAM EMBANKMENT.' From: Hopper, Christopher D CIV USARMY CESAW (USA) <Christopher.D.Hopper@usace.army.mil> Sent: Friday, February 18, 2022 8:10 AM To: Deborah Shirley <dshirley@sandec.com> Cc: Mike Stocks <mstocks@stocksengineering.com> Subject: RE: SW Quad Flowers Dam Maintenance Good Morning; A NWP 3 would cover this activity, and written verification should be secured. Page 22 of 23 PCN Form - Version 4.2, January31, 2022 Thank you, Christopher D. Hopper Regulatory Specialist Attach pertinent documentation or attachments not previously requested I. Signature* ❑ By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * J. Michael Stocks Signature: * Click to enter. Date: * 2/28/2022 Page 23 of 23 PCN Form - Version 4.2, January31, 2022