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HomeMy WebLinkAbout20220623 Ver 1_More Info Received_20220609Strickland, Bev From: Thomas, Kevin <kthomas@cecinc.com> Sent: Thursday, June 9, 2022 7:19 AM To: Perez, Douglas J Cc: Rauch, Sarah; Turner, Jena; Chewning, Clark Subject: [External] FW: SAW-2022-00990 : Upper Forney Creek Restoration; Upper Forney Stream Restoration ID # 20220623 Ver 1 Attachments: 060822 CRM_CEC Response to USACE Comments.docx; PCN_FillableForm_v4-3_ 04202022_UpperForney.pdf; ORM_Upload_Sheet_AgResources_Rapanos_ 20190428.xlsm; PCN_FillableForm_v4-3_04202022_UpperForney 06.08.22.docx CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning Mr. Perez. Please find the attached CRM with CEC's responses to the USACE Project Manager (Krystynka Stygars') inquires pertaining to the above referenced Stream Restoration project located in Lincoln County, NC Additionally, we have updated the project PCN submission (See Signed attached both PDF and Word doc) to reflect The PMs requested changes (please see the CRM for call outs of the specific changes that have been made). Please reach out if anything else is needed for you to issues the 401 permit. Take care and talk soon. Kevin Thomas, PWS & LSS (NC, SC & FL) / Principal Civil & Environmental Consultants, Inc. 3701 Arco Corporate Drive Suite 400 Charlotte, NC 28273 Toll -Free: 855-859-9932 • Direct: 980-260-2035 • Fax: 980-237-0372 Mobile: 410-259-4745 http://www.cecinc.com Senior Leadership Integrated Services Personal Business Relationships CEC CHARLOTTE CELEBRATING JO YEARS This electronic communication and any attachments are intended solely for the use of the person or entity to which it is addressed, and may contain information that is confidential, privileged and exempt from disclosure under applicable law, including copyright law. If you are not the intended recipient of this message, you are prohibited from disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Please promptly notes the sender by reply electronic communication and immediately delete this message from your system. The North Carolina Division of Water Resources has received the application called Upper Forney Stream Restoration that you submitted on 5/2/2022 with corresponding fee received on 5/2/2022. The ID number for that project is 20220623, Version 1. Reviewer Contact Information: Doug Perez - doug.perez@ncdenr.gov Reviewing Office: Mooresville Regional Office - (704) 663-1699 If you have questions, please contact one of the staff members listed below: Transportation Projects Contact: Kristi Lynn Carpenter at kristilynn.carpenter@ncdenr.gov All other Projects Contact: Sheri Montalvo at sheri.montalvo@ncdenr.gov i Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=2308638 This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored.responses aren't monitored. From: Thomas, Kevin Sent: Wednesday, June 8, 2022 11:56 AM To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystynka.B.Stygar@usace.army.mil> Cc: Jena Turner (jturner@cecinc.com) <jturner@cecinc.com>; Sarah Rauch (srauch@cecinc.com) <srauch@cecinc.com> Subject: RE: SAW-2022-00990 : Upper Forney Creek Restoration Good morning Krysta, Thank you for your timely response and project comments. Please find the attached CRM with CEC's responses to your inquires as well as the attached aquatic resource table. Additionally, we have updated the project PCN submission (See Signed attached both PDF and Word doc) to reflect your requested changes (please see the CRM for call outs of the specific changes that have been made). Please reach out if anything else is needed. Take care and talk soon. Kevin Thomas, PWS & LSS (NC, SC & FL) / Principal Civil & Environmental Consultants, Inc. 3701 Arco Corporate Drive Suite 400 Charlotte, NC 28273 Toll -Free: 855-859-9932 • Direct: 980-260-2035 • Fax: 980-237-0372 Mobile: 410-259-4745 http://www.cecinc.com Senior Leadership Integrated Services Personal Business Relationships CEC CHARLOTTE CELEBRATING JO YEARS r This electronic communication and any attachments are intended solely for the use of the person or entity to which it is addressed, and may contain information that is confidential, privileged and exempt from disclosure under applicable law, including copyright law. If you are not the intended recipient of this message, you are prohibited from disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Please promptly notes the sender by reply electronic communication and immediately delete this message from your system. From: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA)<Krystynka.B.Stygar@usace.army.mil> Sent: Wednesday, June 8, 2022 7:55 AM To: Thomas, Kevin <kthomas@cecinc.com> Subject: SAW-2022-00990 : Upper Forney Creek Restoration Kevin, Good morning, I have evaluated the permit application for this NWP 27 request and need some additional answers/ information. a) Please sign and date your application b) Please provide the aquatic resource table (see attached) for the JD c) Will there be a method to ensure that the stream restoration work is actually providing ecological uplift meaning does the applicant propose to send updated pictures at the 1, 2, and 5 year after completion to ensure success?) 2 d) You have CEC listed as the REQUESTOR.... This is not correct, who is going to be responsible for the work, and ultimately hold the permit? ( The Catawba Lands Conservancy?) e) Will any of the Bank stabilization be keyed into the channel? (the application proposes all "Temporary impacts", any "fill" where the Stabilization is within the OHWM counts as permanent impacts.) Thanks Krysta Krystynka B. Stygar Regulatory Specialist US Army Corps of Engineers Wilmington District Charlotte Field Office Office : (704) 510-1438 Mobile : (252) 545-0507 We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. 3 SAW-2022-00990: Upper Forney Creek Restoration Comment Response Matrix Catawba Lands Conservancy — Upper Forney Stream Restoration Project CEC Project 306-602 Comment Reviewer CEC Response a Please sign and date your application. KS Application has been dated and signed. b Please provide the aquatic resource table (see attached) for the JD. KS Aquatic resource table has been provided. Please find attachment. c Will there be a method to ensure that the stream restoration work is actually providing ecological uplift (meaning does the applicant propose to send updated pictures at the 1, 2, and 5 year after completion to ensure success?). KS Yes, the Catawba Lands Conservancy (CLC) will ensure that the stream restoration work is providing ecological uplift. After restoration work has been completed, CLC will take photographs annually to ensure success. Photographs will be sent to the designated USACE representative for the project for the following seven years post -construction (and/or as requested by the USACE for the foreseeable future of the project). d You have CEC listed as the REQUESTOR.... This is not correct, who is going to be responsible for the work, and ultimately hold the permit? (The Catawba Lands Conservancy?). KS Application has been changed. Sean Bloom from CLC has been updated as the Requestor. e Will any of the Bank stabilization be keyed into the channel? (the application proposes all "Temporary impacts", any "fill" where the Stabilization is within the OHWM counts as permanent impacts.) KS CEC has updated the PCN submission. Bank stabilization impacts have been changed from "temporary" to "permanent" impacts. Reviewers: • KS = Krystynka B. Stygar, Regulatory Specialist, US Army Corps of Engineers, Wilmington District, Charlotte Field Office, Office : (704) 510-1438, Mobile : (252) 545- 0507 aE STATE 4� 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): 35.519345 Longitude (DD.DDDDDD): 81.014801 Form Version 4.3, April 20, 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 PCN help document may be found at this link: https://edocs.deg. nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 Pre File(a_ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) *: 2/21/2022 Page 1 of 23 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Lincoln Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes 0 No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes 0 No or airport project) Is this a NCDOT project? * ❑ Yes 0 No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. 0 Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps:* ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes 0 No Please provide the date of the previous submission. * Click to enter a date. 0 Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ 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. 1c. Has the NWP or GP number been verified by the Corps? * ❑ Yes 0 No NWP number(s) (list all numbers ): 27 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes 0 No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1d. Type(s) of approval sought from DWR (check all that apply): 0 401 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 0 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 0 No For the record only for Corps Permit: * ❑ Yes 0 No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes 0 No Page 2 of 23 PCN Form Version 4.3- April 20, 2022 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for ❑ Yes ❑x No mitigation of impacts? 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 ❑ Yes ❑x No ❑ Unknown Concern (AEC)? 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.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 23 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1a. Who is the primary contact? * Sean Bloom 1 b. Primary Contact Email: * sean@catawbalands.org 1 c. Primary Contact Phone: * (###)###-#### 704-342-3330 1d. Who is applying for the permit/certification? * (check all that apply) ® Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Catawba Lands Conservancy 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Sean Bloom 2d. Address ' Street Address: 4530 Park Road, Suite 420 Address line 2: Click to enter. City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28209 Country: United States 2e. Telephone Number: (###)###-#### 704-342-3330 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * sean@catawbalands.org 3. Applicant Information (if different from owner) 3a. Name: * Sean Bloom 3b. Business Name (if applicable): Catawba Lands Conservancy 3c. Address: * Street Address: 4530 Park Road Address line 2: Suite 420 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28209 Country United States 3d. Telephone Number: * (###)###-#### 704-342-3330 3e Fax Number: (###)###-#### Click to ente, 3f. Email Address: * sean@catawbalands.org Page 4 of 23 PCN Form Version 4.3- April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: Kevin Thomas 4b. Business Name: Civil & Environmental Consultants, Inc 4c. Address: Street Address: 3701 Arco Corporate Drive Address line 2: Suite 400 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28202 Country: United States 4d. Telephone Number: * (###)###-#### 410-259-4757 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: kthomas@cecinc.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.mii/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 23 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Upper Forney Stream Restoration 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Denver, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 4605004380 2b. Property size (in acres): 157 2c. Project Address: Street Address: N NC16 Business Highway Address line 2: Click to enter. City: Denver State/ Province/ Region: NC Postal/ Zip Code: 28037 Country: United Staets 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.519345 Longitude (-DD.DDDDDD): *-81.014801 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Forney Creek 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6el 25ad7628f494694e259c80dd64265 Catawba 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030501011303 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 23 PCN Form Version 4.3- April 20, 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 proposed action area is comprised of a mix of coniferous and deciduous forest. At the time of this application, the general land use in the vicinity of the proposed action area includes undeveloped woodland to the south, east, and west; and commercial and some small residential areas to the north. A railroad runs parallel to the eastern boundary of the proposed action area. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑ No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick 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. Click to enter text. 4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/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 0 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 8388 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: Forney Creek is an EPA 303d listed stream and sits in a watershed experiencing excessive vertical and lateral erosion. The purpose of the proposed project includes: 1) permit and design a stream restoration project in order to physically and biologically restore and enhance Forney Creek -- with the primary goal of maximizing environmental benefit and ecological uplift, 2) reduce sediment loading to 303d listed waters, 3) establish vegetated riparian buffers along the stream corridors which will be protected in perpetuity through the existing conservation easement. Page 7 of 23 PCN Form Version 4.3- April 20, 2022 4i. Describe the overall project in detail, including the type of equipment to be used: * Under the proposed action, upper Forney Creek would be restored through restoration and stream realignment of the mainstem channel. The goal of the proposed design plan is to address the cause of the stream's degradation. Under the proposed action, approximately 8,406 linear feet of degraded stream channels would be reconstructed to improve bedform diversity, lateral stability, and floodplain connectivity. Additionally, hydrologic modifications (floodplain drainage ditches, berms, levees, and other fill areas) would be removed to promote wetland formation. The proposed action aims to improve overland and subsurface water exchange and sediment transport continuity, increase channel sinuosity to reduce flow velocities, promote the formation of natural pools and riffles, and improve lateral and vertical stability of the proposed project area. Riparian/slope wetlands would be established by plugging drainage ditches, reconnecting stream channels to wetland areas, planting native wetland plant species, and permanently protecting restored streams and riparian wetland areas. Restoration practices include construction of new, off-line channel segments, installation of woody debris in the form of wood toe, and installation of natural grade control structures such as stone and log riffles, and boulder toe to reconnect streams to their floodplain and promote bedform diversity. Priority 1 restoration techniques would be applied to approximately 4,969 linear feet of stream, while Priority 2 restoration techniques would be applied to approximately 3,437 linear feet of stream. Priority 1 restoration within Forney Creek will include replacing the incised channel with a new, stable stream at an elevation that promotes ecological uplift and reduced flow velocity. To ensure there would be no net loss of habitat, the proposed stream restoration would restore the approximate 7,036 linear feet of existing stream to be impacted, as well as create an additional 1,370 linear feet of Priority 1 stream within the project area. Priority 2 restoration will create a new floodplain and stream banks with the stream alignment remaining at the present location. Equipment to be used includes general construction equipment such as excavators, backhoes, bulldozers, graders, and dump and haul trucks. 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 8 of 23 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Please see the attached Pre -JD Features Map (Figure 6) 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑x Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): Click to enter. Name (if known): Kevin Thomas, PWS 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: CEC areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. Click to enter. 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. At this time, no future projects are planned requiring permits for impacts to Waters of The U.S., this is considered a single and complete project. 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) Click to enter. 8. Scheduling of activity: Click to enter. Page 9 of 23 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory Impacts Summary ❑ Wetlands 0 Streams - tributaries 1a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 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/ Perm 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 Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: Click to enter text. Page 10 of 23 PCN Form Version 4.3- April 20, 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 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site #* Impact Impact Impact Type* Stream Name* Stream Jurisdiction Stream Width Impact length Reason* Duration' Type* Type* (avg ft) * (linear ft) S1 Stream Temporary Relocation Forney Creek Perennial Both 20 4918 restoration SA1 S2 Stream Permanent Bank Tributary SA2 Intermittent Both 4 195 restoration Stabilization Reach 1 S3 Stream Temporary Relocation Tributary SA2 Intermittent Both 4 46 restoration Reach 2 S4 Stream Permanent Bank Tributary SA5 Perennial Both 6 450 restoration Stabilization S5 Stream Permanent Bank Tributary SA6 Intermittent Both 7 338 Restoration Stabilization S6 Stream Temporary Relocation Tributary SA7 Intermittent Both 4 144 Restoration Reach 1 S7 Stream Temporary Relocation Tributary SA7 Perennial Both 10 99 restoration Reach 2 S8 Stream Temporary Relocation Tributary SA8 Intermittent Both 3 66 restoration S9 Stream Temporary Relocation Tributary SA9 Intermittent Both 3 20 Restoration Reach 1 S10 Stream Permanent Bank Tributary SA9 Perennial Both 6 760 Restoration Stabilization Reach 2 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 0 linear ft impact: 3i2. Total permanent stream 1743 linear ft impacts: M. Total temporary stream 5293 linear ft impacts: Page 11 of 23 PCN Form Version 4.3- April 20, 2022 34. Total stream and ditch 0 linear ft impacts: 3j. Comments: To ensure there would be no net loss of habitat, Priority 1 and Priority 2 restoration techniques would be applied to the impacted length (7,036 ft) of the stream as well as the creation of an additional 1,370 linear feet of stream. The severely incised mainstem will be relocated where necessary and restored, tributaries will be reconnected to the mainstem, wetland establishment and growth will be promoted, and the new natural stream channel design will provide an ecological uplift. Please see attached Stream Impact table. Page 12 of 23 PCN Form Version 4.3- April 20, 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 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 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 I Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 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. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 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 13 of 23 PCN Form Version 4.3- April 20, 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: Click 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) 131 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. Y/N 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. Y/N 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 enter. 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. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 23 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The proposed stream restoration project has been designed as a primarily Priority 1 restoration project. Small sections of Priority 2 restoration are required along the mainstem and tributaries in areas where it could not be avoided due to channel, valley, and floodplain constraints. Updates from the 30% design phase to the 60% design phase included reducing the amount of channel crossings between the proposed and existing channels from approximately 22 crossings to approximately 10 crossings. Current 60% design plan has approximately 3,835 linear feet of Priority 1 restoration and 1,087 linear feet of Priority 2 restoration on the mainstem channel as well as approximately 1,134 linear feet of Priority 1 and 2,350 linear feet of Priority 2 restorations on the tributary channels. This results in approximately 4,969 linear feet of Priority 1 and 3,437 linear feet of Priority 2 restoration throughout the entire project. Combining Priority 1 and 2 results in a total of 8,406 linear feet of restoration throughout the entire project. The proposed restoration matches the existing impacts (7,036 LF) 1:1 with an additional 1,370 linear feet of aquatic bed establishment, ensuring no net loss of habitat. Please see attached Stream Impact Table. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The newly realigned (Priority 1) channel will be constructed away from the existing channel and appropriate pump -around techniques will be used in areas where the proposed and existing channels must cross or where Priority 2 restoration must take place. 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? * ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ 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 Page 15 of 23 PCN Form Version 4.3- April 20, 2022 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=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 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. 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 ❑ Yes ❑ No that requires buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 16 of 23 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes 0 No identified within one of the NC Riparian Buffer Protection Rules? 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://deg.nc.gov/about/divisions/energV-mineral-land-resources/energV-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ 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? * El Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * 0 Yes El 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) ❑ Yes ❑ No reviewed and approved under a state stormwater program or state - approved local government stormwater program? * 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? ❑ Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ❑ Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 17 of 23 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Click to enter. State Stormwater Programs * ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 18 of 23 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 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 El Yes El No Policy Act (NEPA/SEPA)? * 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 ❑ Yes ❑ No NEPA or SEPA final approval letter.) 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 ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * 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 ❑ Yes ❑x No downstream water quality? * 3b. If you answered "no", provide a short narrative description: This project is not anticipated to result in additional development as it is a protected and buffered stream corridor in a forested area. The stream will remain protected in the riparian buffer which will prevent additional development nearby. 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 Page 19 of 23 PCN Form Version 4.3- April 20, 2022 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. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ❑ Yes 0 No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another federal agency involved? * ❑ Yes N No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes 0 No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes 0 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 ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. 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-reg.usace.armV.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)? * El Yes N 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, ❑ Yes N No mechanized pile drivers, etc.? * 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? * USFWS IPaC database and NC Natural Heritage Program database. Additionally, biologists from CEC and CLC performed site visits to assess potential suitable habitats for special status species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 20 of 23 PCN Form Version 4.3- April 20, 2022 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * El Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper https://www.habitat.noaa.gov 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.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 ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NC Historic Preservation Office's HPOWEB Application https://nc.marps.arcgis.com. Please see attached NC SHPO Map. 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? FEMA Flood Map Service Center: https://msc.fema.gov/portal/search Flood Map # 3710460400J. Please see the attached Pre -JD Features Map (Figure 6). Page 21 of 23 PCN Form Version 4.3- April 20, 2022 H. Miscellaneous Comments: Hello, please find the attachments for the Application Request Package for scheduling and review. Upon review of the attachments, please provide any comments via the Comment Response Matrix (CRM) for the administrative record. Thank you! (The comprehensive list of all project attachments is as follows:) - DWR Pre -Filing Meeting Request Form - Figures 1-6: Vicinity Map, USGS Topographic Map, Aerial Map, NRCS Current Soils Map, NRCS Published Soils Map, NWI/NHD Map, & Pre -JD Features Map. - NC SHPO Map -Stream Impact Table - Upper Forney Stream Restoration 60% Design Plan Set - Upper Forney Stream Restoration 60% Design Erosion Prevention and Sediment Control Plans and Details - USFWS Official Species List Report - USFWS Biological Assessment Report - Old Stumpy Preserve Baseline Documentation Report - Saint James Preserve Baseline Documentation Report - Aquatic Resource Table Attach pertinent documentation or attachments not previously requested I. Signature * ❑x 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: * Kevin Thomas Signature:�— Date: * 5/2/2022 Page 22 of 23 PCN Form Version 4.3- April 20, 2022 Page 23 of 23 PCN Form Version 4.3- April 20, 2022 Waters_Name I State I Cowardin_Code I HGM_Code I Meas_Type I Amount I Units I Waters Type I Latitude I Longitude I Local Waterway SA-1 NORTH CAROLINA R3 RIVERINE Linear 4918 FOOT DELINEATE 35.51769900-81.01276700 Forney Creek SA-2 (Reach 1) NORTH CAROLINA R4 RIVERINE Linear 529 FOOT DELINEATE 35.51448085-81.01465178 Forney Creek SA-2 (Reach 2) NORTH CAROLINA R4 RIVERINE Linear 46 FOOT DELINEATE 35.51361789-81.01204062 Forney Creek NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] DWR project no. lick enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.519345 Longitude (DD.DDDDDD): 81.014801 Form Version 4.3, April 20, 2022 Date received: [Click to enter.] Date received: [Click to enter.] 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 PCN help document may be found at this link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile©ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 2/21/2022 Page 1 of 23 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Lincoln 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? * ❑x No • Yes If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. 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 representative concerning submittals for standard permits. All required items submitted with this form. the USACE. Please contact your Corps can be included as attachments and 1 c. Has the NWP or GP number been verified by the Corps? * • Yes ❑x No NWP number(s) (list all numbers ): 27 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 1 f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No Page 2 of 23 PCN Form Version 4.3- April 20, 2022 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? • Yes 0 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 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes 0 No ❑ Unknown 1j. Is the project located in a designated trout watershed?* • Yes 0 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- P rog ra m/Ag e n cy-Coo rd i n at i o n/T ro u t. as px Page 3 of 23 PCN Form Version 4.3- April 20, 2022 B. Applicant Information la. Who is the primary contact? * Sean Bloom lb. Primary Contact Email: * sean©catawbalands.org * 704-342-3330 lc. Primary Contact Phone: (#!##)#/## #### ld. Who is applying for the permit/certification? * (check all that apply) ® Owner ❑x Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Catawba Lands Conservancy 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Sean Bloom 2d. Address * Street Address: 4530 Park Road, Suite 420 Address line 2: Click to enter. City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28209 Country: United States * 704-342-3330 2e. Telephone Number: (###)### #### Click to enter. 2f. Fax Number: (###)### #### 2g. Email Address: * sean©catawbalands.org 3. Applicant Information (if different from owner) 3a. Name: * Sean Bloom 3b. Business Name (if applicable): Catawba Lands Conservancy 3c. Address: * Street Address: 4530 Park Road Address line 2: Suite 420 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28209 Country United States 3d. Telephone Number: * (###)###-#### 704-342-3330 3e Click to enter. Fax Number: (###)### #### 3f. Email Address: * sean©catawbalands.org Page 4 of 23 PCN Form Version 4.3- April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: * Kevin Thomas 4b. Business Name: Civil & Environmental Consultants, Inc 4c. Address: * Street Address: 3701 Arco Corporate Drive Address line 2: Suite 400 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28202 Country: United States * 410-259-4757 4d. Telephone Number: (###)### #### 4e Fax Number: (###)###-#### Click to ente 4f. Email Address: * kthomas@cecinc.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/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 23 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Upper Forney Stream Restoration 1 b. Subdivision name (if appropriate): Click to enter lc. Nearest municipality/town: * Denver, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 4605004380 2b. Property size (in acres): 157 2c. Project Address: Street Address: N NC16 Business Highway Address line 2: Click to enter. City: Denver State/ Province/ Region: NC Postal/ Zip Code: 28037 Country: United Staets 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): * 35.519345 Longitude (-DD.DDDDDD): *-81.014801 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Forney Creek 3b. Water Resources Classification of nearest receiving water: * C The Surface Water Classification map may be found at this https://ncdenr. maps.arcgis.com/apps/webappviewer/index. link: html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located?* Catawba Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: 030501011303 The Find Your HUC map may be found at this link: https://ncdenr. maps.arcgis.com/apps/Public) nformation/i ndex. html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 6 of 23 PCN Form Version 4.3- April 20, 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 proposed action area is comprised of a mix of coniferous and deciduous forest. At the time of this application, the general land use in the vicinity of the proposed action area includes undeveloped woodland to the south, east, and west; and commercial and some small residential areas to the north. A railroad runs parallel to the eastern boundary of the proposed action area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * ❑ Yes ❑ 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 or401. .;lick to enter te, 4d. Attach an 8'% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8Y2 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 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8388 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 0 acres 4h. Explain the purpose of the proposed project: Forney Creek is an EPA 303d listed stream and sits in a watershed experiencing excessive vertical and lateral erosion. The purpose of the proposed project includes: 1) permit and design a stream restoration project in order to physically and biologically restore and enhance Forney Creek -- with the primary goal of maximizing environmental benefit and ecological uplift, 2) reduce sediment loading to 303d listed waters, 3) establish vegetated riparian buffers along the stream corridors which will be protected in perpetuity through the existing conservation easement. Page 7 of 23 PCN Form Version 4.3- April 20, 2022 4i. Describe the overall project in detail, including the type of equipment to be used: Under the proposed action, upper Forney Creek would be restored through restoration and stream realignment of the mainstem channel. The goal of the proposed design plan is to address the cause of the stream's degradation. Under the proposed action, approximately 8,406 linear feet of degraded stream channels would be reconstructed to improve bedform diversity, lateral stability, and floodplain connectivity. Additionally, hydrologic modifications (floodplain drainage ditches, berms, levees, and other fill areas) would be removed to promote wetland formation. The proposed action aims to improve overland and subsurface water exchange and sediment transport continuity, increase channel sinuosity to reduce flow velocities, promote the formation of natural pools and riffles, and improve lateral and vertical stability of the proposed project area. Riparian/slope wetlands would be established by plugging drainage ditches, reconnecting stream channels to wetland areas, planting native wetland plant species, and permanently protecting restored streams and riparian wetland areas. Restoration practices include construction of new, off-line channel segments, installation of woody debris in the form of wood toe, and installation of natural grade control structures such as stone and log riffles, and boulder toe to reconnect streams to their floodplain and promote bedform diversity. Priority 1 restoration techniques would be applied to approximately 4,969 linear feet of stream, while Priority 2 restoration techniques would be applied to approximately 3,437 linear feet of stream. Priority 1 restoration within Forney Creek will include replacing the incised channel with a new, stable stream at an elevation that promotes ecological uplift and reduced flow velocity. To ensure there would be no net loss of habitat, the proposed stream restoration would restore the approximate 7,036 linear feet of existing stream to be impacted, as well as create an additional 1,370 linear feet of Priority 1 stream within the project area. Priority 2 restoration will create a new floodplain and stream banks with the stream alignment remaining at the present location. Equipment to be used includes general construction equipment such as excavators, backhoes, bulldozers, graders, and dump and haul trucks. 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 tex, Page 8 of 23 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? IX Yes ❑ No ❑ Unknown Comments: Please see the attached Pre -JD Features Map (Figure 6) 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ❑Approved ❑ Emailed concurrence ❑ Unknown ❑ n/a • Preliminary ❑x Not Verified Corps AID number (ex. SAW-0000-00000): Click to enter. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kevin Thomas, PWS Agency/Consultant Company: CEC Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. .:lick to enter. 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. At this time, no future projects are planned requiring permits for impacts to Waters of The U.S., this is considered a single and complete project. 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) Click to enter. 8. Scheduling of activity: Click to enter. Page 9 of 23 PCN Form Version 4.3- April 20, 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 ❑ 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 `ON 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/ Perm 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 Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: Click to enter text. Page 10 of 23 PCN Form Version 4.3- April 20, 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 Stream restoration Temporary Relocation Forney Creek SA1 Perennial Both 20 4918 S2 Stream restoration Permanent Bank Stabilization Tributary SA2 Reach 1 Intermittent Both 4 195 S3 Stream restoration Temporary Relocation Tributary SA2 Reach 2 Intermittent Both 4 46 S4 Stream restoration Permanent Bank Stabilization Tributary SA5 Perennial Both 6 450 S5 Stream Restoration Permanent Bank Stabilization Tributary SA6 Intermittent Both 7 338 S6 Stream Restoration Temporary Relocation Tributary SA7 Reach 1 Intermittent Both 4 144 S7 Stream restoration Temporary Relocation Tributary SA7 Reach 2 Perennial Both 10 99 S8 Stream restoration Temporary Relocation Tributary SA8 Intermittent Both 3 66 S9 Stream Restoration Temporary Relocation Tributary SA9 Reach 1 Intermittent Both 3 20 S10 Stream Restoration Permanent Bank Stabilization Tributary SA9 Reach 2 Perennial Both 6 760 Si 1 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 linear ft 3i2. Total permanent stream impacts: 1743 linear ft 3i3. Total temporary stream impacts: 5293 linear ft Page 11 of 23 PCN Form Version 4.3- April 20, 2022 3i4. Total stream and ditch impacts: 0 linear ft 3j. Comments: To ensure there would be no net loss of habitat, Priority 1 and Priority 2 restoration techniques would be applied to the impacted length (7,036 ft) of the stream as well as the creation of an additional 1,370 linear feet of stream. The severely incised mainstem will be relocated where necessary and restored, tributaries will be reconnected to the mainstem, wetland establishment and growth will be promoted, and the new natural stream channel design will provide an ecological uplift. Please see attached Stream Impact table. Page 12 of 23 PCN Form Version 4.3- April 20, 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 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 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 Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter 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. ,lick 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: Click to enter. 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 13 of 23 PCN Form Version 4.3- April 20, 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: Click to entci . 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. Y/N 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. Y/N 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 enter. 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. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 23 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The proposed stream restoration project has been designed as a primarily Priority 1 restoration project. Small sections of Priority 2 restoration are required along the mainstem and tributaries in areas where it could not be avoided due to channel, valley, and floodplain constraints. Updates from the 30% design phase to the 60% design phase included reducing the amount of channel crossings between the proposed and existing channels from approximately 22 crossings to approximately 10 crossings. Current 60% design plan has approximately 3,835 linear feet of Priority 1 restoration and 1,087 linear feet of Priority 2 restoration on the mainstem channel as well as approximately 1,134 linear feet of Priority 1 and 2,350 linear feet of Priority 2 restorations on the tributary channels. This results in approximately 4,969 linear feet of Priority 1 and 3,437 linear feet of Priority 2 restoration throughout the entire project. Combining Priority 1 and 2 results in a total of 8,406 linear feet of restoration throughout the entire project. The proposed restoration matches the existing impacts (7,036 LF) 1:1 with an additional 1,370 linear feet of aquatic bed establishment, ensuring no net loss of habitat. Please see attached Stream Impact Table. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * The newly realigned (Priority 1) channel will be constructed away from the existing channel and appropriate pump -around techniques will be used in areas where the proposed and existing channels must cross or where Priority 2 restoration must take place. 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 ente, 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: lick 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 entei . linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one Page 15 of 23 PCN Form Version 4.3- April 20, 2022 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=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 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. 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 Zone 1 CIICK 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: lick to enter. Page 16 of 23 PCN Form Version 4.3- April 20, 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? ❑ Yes ❑x 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.gov/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 ❑ 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 ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑x 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 ❑x 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 0 State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * 0 Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 17 of 23 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Click to enter. State Stormwater Programs ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 18 of 23 PCN Form Version 4.3- April 20, 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 lc. 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): ACK 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 project is not anticipated to result in additional development as it is a protected and buffered stream corridor in a forested area. The stream will remain protected in the riparian buffer which will prevent additional development nearby. 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 Page 19 of 23 PCN Form Version 4.3- April 20, 2022 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. 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.govl) * ❑ Yes ❑x 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. Asheville 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.?* ®Yes ❑ 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-req.usace.army.mil/NLEB/1-30-17-siqned 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 otherpercussive 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? * USFWS IPaC database and NC Natural Heritage Program database. Additionally, biologists from CEC and CLC performed site visits to assess potential suitable habitats for special status species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 20 of 23 PCN Form Version 4.3- April 20, 2022 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 ❑x No ❑Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: Click to ente 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper https://www.habitat.noaa.gov 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.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? * NC Historic Preservation Office's HPOWEB Application https://nc.marps.arcgis.com. Please see attached NC SHPO Map. 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. Olick to ci i«, 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center: https://msc.fema.gov/portal/search Flood Map # 3710460400J. Please see the attached Pre -JD Features Map (Figure 6). Page 21 of 23 PCN Form Version 4.3- April 20, 2022 H. Miscellaneous Comments: Hello, please find the attachments for the Application Request Package for scheduling and review. Upon review of the attachments, please provide any comments via the Comment Response Matrix (CRM) for the administrative record. Thank you! (The comprehensive list of all project attachments is as follows:) - DWR Pre -Filing Meeting Request Form - Figures 1-6: VicinityMap, USGS Topographic Map, Aerial Map, NRCS Current Soils Map, NRCS Published Soils Map, NWI/NHD Map, & Pre -JD Features Map. - NC SHPO Map - Stream Impact Table - Upper Forney Stream Restoration 60% Design Plan Set - Upper Forney Stream Restoration 60% Design Erosion Prevention and Sediment Control Plans and Details - USFWS Official Species List Report - USFWS Biological Assessment Report - Old Stumpy Preserve Baseline Documentation Report - Saint James Preserve Baseline Documentation Report - Aquatic Resource Table Attach pertinent documentation or attachments not previously requested I. Signature* ❑x 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 oftime; • 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: Kevin Thomas Signature: (% C/ Date: * 5/2/2022 Page 22 of 23 PCN Form Version 4.3- April 20, 2022 Page 23 of 23 PCN Form Version 4.3- April 20, 2022