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HomeMy WebLinkAbout20201798 Ver 1_401 Application_20220727Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. BIMS # Assigned* Version#* 20201798 1 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Select Project Reviewer* Erin Davis:eads\ebdavis Information for Initial Review Reviewing Office* Central Office - (919) 707-9000 la. Name of project: Six Runs la. Who is the Primary Contact?* Brad Breslow 1b. Primary Contact Email:* lc. Primary Contact Phone:* bbreslow@res.us (919)209-1062 Date Submitted 7/27/2022 Nearest Body of Water Six Runs Creek Basin Cape Fear Water Classification C;Sw Pre -Filing Meeting Date Request was submitted on: 11/23/2020 Site Coordinates .......................................................................... Latitude: 35.0962 A. Processing Information Longitude: -78.2304 County (or Counties) where the project is located: Sampson Is this a NCDMS Project OYes 0No Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? C.)Yes 0No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act. Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): td. Type(s) of approval sought from the DWR: IJ 401 Water Quality Certification - Regular O Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 27 - Restoration le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* 0 Yes O No 0 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 Yes OO No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 Yes 0 No 1 h. Is the project located in any of NC's twenty coastal counties? 0 Yes OO No 1j. Is the project located in a designated trout watershed? 0 Yes 0 No B. Applicant Information OYes 0No OYes 0No Id. Who is applying for the permit? 0 Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 0Yes @No 2. Owner Information 2a. Name(s) on recorded deed: Daniel Chad Evans 2b. Deed book and page no.: 1402/140, 1839/325, 1882/462, 1919/208, 2106/861 2c. Contact Person: Brad Breslow 2d. Address Street Address 3406 E Darden Road Address Line 2 City State / Province / Region Faison North Carolina Postal / Zip Code Country 28341 United States 2e. Telephone Number: 2f. Fax Number: (919)209-1062 2g. Email Address: * bbreslow@res.us 2a. Name(s) on recorded deed: Joan B. Troublefield 2b. Deed book and page no.: 1558/297 2c. Contact Person: Brad Breslow 2d. Address Street Address 8261 Faison Hwy Address Line 2 City State / Province / Region Faison North Carolina Postal / Zip Code Country 28341 United States 2e. Telephone Number: 2f. Fax Number: (910)590-7800 2g. Email Address: * joanbtrouble@intrstar.net 3. Applicant Information (if different from owner) 3a. Name: Lin Xu 3b. Business Name: NC Division of Mitigation Services 3c. Address Street Address 217 W Jones Street Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27603 United States 3d. Telephone Number: 3e. Fax Number: (919)707-8944 3f. Email Address: * lin.xu@ncdenr.gov C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Faison 2. Project Identification 2a. Property Identification Number: 13012570002, 03117989601, 10337989604, 13007989609,13007989608,13102516012 2b. Property size: 137.61 2c. Project Address Street Address 3406 E Darden Road Address Line 2 City State / Province / Region Faison North Carolina Postal / Zip Code Country 28341 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Six Runs Creek 3b. Water Resources Classification of nearest receiving water: * C;Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300060501 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The Project is comprised of a 30.94-acre easement located along Six Runs Creek, encompassing a portion of the Six Runs Creek floodplain and several tributaries. The Project involves Brad's Branch (a colloquial name for the primary tributary feature draining to Six Runs Creek), five of its unnamed tributaries, and riparian wetlands that all drain into Six Runs Creek which eventually drains south to the Black River. The Project drainage area originates in a broad flat and confines to drainages that feed the two primary Project stream systems, Brad's Branch and DE4. The total drainage area for the Project is 570 acres (0.89 square miles). The land uses within the drainage area consist primarily of agriculture (48%) and forest (38 % ), with minor components of residential (6%), brush (3%), cleared area (1%), roads (1%), open water (<1%), open space (<1%), dirt roads (<1%), and commercial (<1%). Notably within the drainage area, the headwaters of the primary Project streams are not buffered and are active crop fields, leading to high sediment input to downstream watercourses within the Project. All of the land immediately adjacent to the Project is active cow pasture, with a mix of open pasture grassland and wooded pasture, which has ultimately contributed to the degradation of Project streams and wetlands. Additionally, farm ponds and historic wildlife impoundments exist within and adjacent to the Project which affect local watershed hydrology and stream hydraulic function. Historical aerial imagery indicates that the Project area and its headwater drainages were primarily forested until at least 1974; however, much of the adjacent land was in agriculture, including pasture and row crops. The imagery shows that agricultural clearing and expansion began along the Project features within the subject parcel sometime between 1974 and 1983, though some forest remained along the upstream riparian corridors of Brad's Branch and its major tributary. Sometime between 1993 and 2010, a house and other farm buildings were built on the property outside of the proposed easement boundary. Also, between 1993 and 2010, it appears a house was built in the pasture to the east of Brad's Branch above E Darden Road which resulted in the establishment of an overhead power line easement bisecting that portion of Brad's Branch. South of the Project parcel boundary is Hargrove Elementary School which was built prior to 1974 and is well upslope of the Project. Ultimately, land -use within and adjacent to the Project has remained mostly unchanged since at least 1993. Currently, the entire area within the proposed easement boundary is utilized for cattle farming and livestock have full access throughout, with a mix of grazed forest and managed, open pasture. The corral and bullpen within an area of the riparian buffer remain and are actively used. The in -line pond to the north, draining into Brad's Branch, has a degraded outlet and has diverted all flow to its emergency spillway, cutting a new channel downslope. The downstream extent of the channelized portion of Brad's Branch is actively aggrading since it has not been recently dredged. This has led to a stream flow diversion, where some of the flow has routed south, out of the Project, while some flow has spilled into the pasture to the north, within the Project. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes ® No O Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 9.338 4g. List the total estimated linear feet of all existing streams on the property: 7,095 4h. Explain the purpose of the proposed project:* The Project was identified as a stream and wetland mitigation opportunity to improve hydrology, water quality, and habitat within the Cape Fear River Basin. The aquatic resources associated with the Project have been highly manipulated and degraded over time due to agriculture practices, including stream channelization, constructing impoundments, and raising livestock. Project streams have historically been relocated, straightened, and dredged, leading to unstable channels with poor hydraulic function, loss of wetlands, and wetlands with decreased hydrology. Also, the already altered hydrology caused by a large pond impoundment has been exacerbated by the failure of its outlet, leading to highly constricted stream flow and the formation of a dislocated stream channel stemming from the pond's old emergency spillway. Additionally, all Project streams and wetlands are heavily grazed by livestock. Further, forested riparian buffers are either absent, narrow, or lack stem density and understory for almost all stream features throughout the Project. Therefore, the Project presents a great opportunity to improve water quality, hydrologic function, and terrestrial and aquatic habitat connectivity, and decrease non -point pollution from agricultural and livestock practices while also providing tremendous additional uplift to degraded stream -wetland complexes. The Project will directly and indirectly address stressors by reconstructing natural channels within the catchment area; stabilizing eroding stream banks and establishing floodplain connectivity; reducing sediment and nutrient loads; restoring, enhancing, and preserving wetlands; restoring and enhancing riparian buffers; and protecting aquatic resources in perpetuity. The Project proposes to restore 5,788 linear feet (LF) and enhance 1,656 LF of stream as well as re-establish 6.221 acres (ac), rehabilitate 4.913 ac, enhance 1.008 ac, and preserve 1.656 ac of wetlands that will ultimately provide water quality benefits and ecosystem uplift for the Project's 0.89 square miles (570 acres) drainage area. Proposed improvements to the Project will help meet the river basin needs expressed in the Division of Mitigation Services' (DMS) 2009 Cape Fear River Basin Restoration Priorities (RBRP). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The Project will include Priority 1 and 2 Restoration, Enhancement Level I, Enhancement Level II, and Enhancement Level II at a lower credit ratio. Stream restoration will incorporate the design of a single -thread, meandering channel with parameters based on data taken from reference reaches, published empirical relationships, regional curves developed from existing project streams, 2-D modeling and NC, SC, and VA Regional Curves. Analytical design techniques are also a crucial element of the project and were used to determine the design discharge and to verify the overall design. Reaches BB -A and BB-B An enhancement I approach is proposed for these reaches to address bank erosion and incision, sediment loads and buffer impacts. Enhancement activities will include: • Installing log sills to raise the bed elevation and improve habitat diversity, • Stabilizing banks via grading, matting and live -staking, • Realigning the channel above the DOT culvert, • Livestock exclusion, • Supplemental riparian planting, • Removing trash and debris located within the proposed easement, • Invasive vegetation treatment. Reach BB-C A mix of offline and inline restoration is proposed for this reach to address vertical and lateral instabilities, lack of floodplain access, historic channel relocation, and buffer impacts. This reach is split into three segments (US, MS, and DS) based on drainage area. The US portion is defined from E Darden Road to the confluence with DE8; the MS portion from the confluence with DE8 to the confluence with DE4; and the DS portion from the confluence with DE4 to the reach's termination in Wetland C. Restoration activities will include: • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing toe protection on meander bends, • Creating depressional areas no deeper than 14 inches along filled and plugged sections of the abandoned channel, • Relocating and improving a culvert crossing, • Relocating the downstream end of the reach off the valley toe of slope to the historic floodplain, • Reconnecting flow into the wetland at the bottom of the project, • Stabilizing banks via live -staking, • Removing trash and debris located within the proposed easement, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE2-A An enhancement II approach is proposed for this reach to address buffer impacts. Enhancement activities will include: • Installing an Engineered Sediment Pack (ESP) at the top of the reach to capture off -site sediment, • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. Reach DE2-B A mix of offline and inline restoration is proposed for this reach to address channel incision, bank instability, and buffer impacts. Restoration activities will include: • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing log sills for grade control, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE4-A An enhancement II approach at a lower crediting ratio is proposed for this reach to address buffer impacts. Enhancement activities will include: • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. Reach DE4-B A mix of offline and inline restoration is proposed for this reach to address channel relocation and straightening, bank instability, and buffer impacts. Restoration activities will include: • Grading a new single thread channel in the existing floodplain and historic valley, • Establishing a riffle -pool sequence throughout the new channel, • Installing log sills for grade control, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Replacing a culvert crossing, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE7 A mix of offline and inline restoration is proposed for this reach to address channel incision, bed and bank instability, and buffer impacts. Restoration activities will include: • Grading a new single thread channel, • Establishing a step-pool/cascade sequence within the steep upper portion of the reach and a riffle -pool sequence through the floodplain of Brad's Branch, • Installing log sills for grade control, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Filling the existing channel, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE8 A mix of offline and inline restoration is proposed for this reach to address historic disconnection from its watershed and buffer impacts. Restoration activities will include: • Installing a siphon system outlet structure, to pull cooler water from lower in the water column, at the center of the pond to reconnect hydrology to the reach, • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing log sills for grade control and habitat, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Filling and plugging the abandoned sections of channel, • Livestock exclusion, - • Invasive vegetation treatment. Reach MT2 An enhancement II approach is proposed for this reach to address buffer impacts. Enhancement activities will include: • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. The Project will also revitalize wetland communities through a combination of wetland re-establishment, rehabilitation, enhancement, and preservation. Wetland re-establishment is proposed in two areas of the Project: the area surrounding the jurisdictional wetland boundary of WC, in the downstream portion of Brad's Branch (WL), and the area between reach DE4-B and WE-2 (WM). These areas contain hydric soils but lack sufficient wetland hydrology and a lowered water table due to an altered landscape and drainage modifications, including relocated and incised streams as well as spoil berms associated with channelization and dredging. Reconstructing Brad's Branch (specifically, the downstream portion of BB-C which has been relocated away from the natural valley) and reach DE4-B with appropriately sized channels back within the low of the existing floodplains along with plugging and filling the incised, abandoned channels, will raise the local groundwater elevations and allow for frequent flooding. Therefore, hydrology can be restored to these historic wetlands, connecting them to the surrounding jurisdictional wetlands, and their riparian functions can be re-established by enabling stream interaction. The re-established wetland areas will be planted with bare root hardwood trees representative of Coastal Plain Small Stream Swamp and Blackwater Hardwood Forest communities. Additionally, livestock will be permanently excluded by installing fencing and establishing a conservation easement. Wetland rehabilitation is proposed for wetlands WC-1 and WD. The rehabilitation approach is intended to provide uplift to vegetative function and functions related to wetland -stream interactions, especially floodplain connectivity. This wetland area has been completely disconnected from its historic stream system, Brad's Branch, and is within active pasture that is consistently seeded and grazed by cattle. Like the proposed re-establishment areas, rehabilitation of the area will be directly tied to the stream restoration activities. Reconstructing the downstream portion of Brad's Branch within the footprint of this wetland, which is the natural valley low, with an appropriately sized channel will re-establish riparian wetland functions by enabling stream interaction and frequent flooding. Also, the design for the proposed Brad's Branch stream channel is proposed to end within WC-1. Therefore, it is expected that channelized flow will dissipate below this point and potentially braid into the wetland, creating a more diverse habitat and opportunity for sediment to settle and nutrients to be absorbed before entering Six Runs Creek. Also, the rehabilitation aims to re-establish a Bottomland Hardwood Forest community that historically existed. This will involve planting bare root and live - stake hardwood trees representative of Coastal Plain Small Stream Swamp and Blackwater Hardwood Forest communities. Additionally, livestock will be permanently excluded by installing fencing and establishing a conservation easement. Wetland enhancement is proposed within the existing jurisdictional wetland WE-2. This jurisdictional wetland has sufficient hydrology and is consistently wet but is disconnected from its stream (reach DE4-B), is forested but has degraded density, composition, and structure, and is severely impacted by cattle. Therefore, the activities proposed to enhance this wetland include stream restoration of DE4-B that will re-establish wetland -stream interaction and riparian function, treat exotic invasive species and plant native bare root trees in order to establish a healthier wetland hardwood forest community, and permanently exclude livestock by installing fencing and establishing a conservation easement. Wetland enhancement is proposed within the existing jurisdictional wetland WE-1. This forested, jurisdictional wetland is less disturbed than WE-2 below and is associated with a healthy stream channel. Cattle still impact the vegetative community though, with canopy, understory, and herbaceous strata all moderately dense, but when compared to the reference wetland forest just upstream of the property, which is fenced off, it is obviously still degraded. Therefore, the activities proposed to enhance this wetland include supplemental planting of native bare root trees in order to establish a healthier wetland hardwood forest community, and permanently exclude livestock by installing fencing and establishing a conservation easement. Wetland preservation is proposed for jurisdictional wetland WC-2. Although this wetland was historically manipulated by an excavation activity, it has since stabilized as a functioning swamp forest with forest, marsh, and open water components which provides complimentary habitat diversity to the Project within the Six Runs Creek floodplain. Ultimately, little can be done to provide functional uplift to this area. The area will remain as is but will still be fenced and protected by a permanent conservation easement. A suite of sediment control measures will be utilized for the Project to reduce direct effluent inputs, pollutant contamination, and sediment loading. The combination of the following sediment control measures: riparian buffer planting, bank stabilization, stream restoration, engineered sediment packs and livestock exclusion, will ultimately lead to the functional uplift of the site, while still allowing livestock production to persist. The riparian buffer will be restored along all stream reaches. Restored riparian buffers are established adjacent to and up -gradient from watercourses of water bodies to improve water quality. Buffers will be protected from livestock by installing fencing along the project boundaries. The Project also involves riparian wetland restoration and enhancement that will increase the size and capacity of wetlands to treat sediment and nutrient input from the watershed. There will be two planting zones at the Project with different target communities. The floodplains and wetland areas will be targeted as a hybrid community characteristic of Blackwater Bottomland Hardwood Forest and Coastal Plain Small Stream Swamp (Zone 1), and the up -gradient areas along the upland hillslopes of the valleys will be targeted as a Mesic Mixed Hardwood Forest (Coastal Plain Subtype; Zone 2). The composition of the proposed tree species list will have some overlap in species, specifically the more facultative species that have a large moisture tolerance range. In order to maintain integrity of existing forested areas within the proposed stream restoration construction corridors, tree clearing will be limited to the greatest extent practicable. Therefore, where possible, some mature trees may remain within the proposed planting area. Also, it is anticipated that tree clearing outside the depicted planting area, and possibly outside the easement area, will occur to accommodate construction access. These areas will also be replanted along with the rest of the site. The restoration of plant communities along the Project will provide stabilization and diversity. For rapid stabilization of the stream banks (primarily outside meanders), black willow (Salix nigra), silky dogwood (Cornus amomum), and buttonbush (Cephalanthus occidentalis) were chosen for live stakes along the restored channel because of their rapid growth patterns and high success rates. Willows grow at a faster rate than the species planted around them, and they stabilize the stream banks. Willows will also be quicker to contribute organic matter to the channel. When the other planted tree species grow bigger, the black willows will slowly stop growing or die out as they are effectively shaded out and outcompeted. The live stake species will be planted along the outside of the meander bends three feet from the top of bank, creating a three-foot section along the top of bank. The live stakes will be spaced one per three linear feet with alternate spacing, vertically. Treatment for invasive species will be required within the entire easement area. Invasive species will require different and multiple treatment methods, depending on plant phenology and the location of the species being treated. However, based on observed existing conditions observations, the only known woody exotic invasive species that would require treatment is Chinese privet. With that said, pasture grasses will be treated prior to construction as well. All treatment will be conducted as to maximize its effectiveness and reduce chances of detriment to surrounding native vegetation. Treatment methods will include mechanical (cutting with toppers, clippers, or chain saw) and chemical (foliar spray, cut stump, and hack and squirt techniques). Invasive or aggressive plants containing mature, viable seeds will be removed from the Project and properly disposed. Prior to construction activities, pasture grasses will be treated. After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the Project. Any topsoil that is removed during construction will be stockpiled and placed over the Project during final soil preparation. This process should provide favorable soil conditions for plant growth. Rapid establishment of vegetation will provide natural stabilization for the Project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ® Yes Comments: 0 No 0 Unknown A preliminary jurisdictional determination (PJD) request was sent to the USAGE on February 19th, 2021, followed by the submission of supplemental materials on April 30th, 2021, as requested by USAGE. The USACE performed a desktop review and issued the PJD on July 23rd, 2021. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ® Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A Corps AID Number: SAW-2020-01964 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Matthew DeAngelo Resource Environmental Solutions 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A survey of potential jurisdictional Waters of the U.S. was performed in February of 2021. A preliminary jurisdictional determination request was sent to the USACE on February 19th, 2021, followed by the submission of supplemental materials on April 30th, 2021, as requested by USACE. The USACE performed a desktop review and issued the PJD on July 23rd, 2021. 6. Future Project Plans 6a. Is this a phased project?* O Yes G No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): O Wetlands O Streams -tributaries ❑ Open Waters O Pond Construction 2. Wetland Impacts O Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Stream Enhancement/Tree Clearing T Floodplain Pool WA Yes Corps 0.055 (acres) W2 Stream Enhancement/Tree Clearing T Floodplain Pool WB Yes Corps 0.057 (acres) W3 Stream Restoration P Floodplain Pool WK Yes Corps 0.000 (acres) W4 Stream Restoration/Tree Clearing T Floodplain Pool WK Yes Corps 0.034 (acres) W5 Stream Restoration/Tree Clearing T Floodplain Pool WJ Yes Corps 0.123 (acres) W6 Stream Restoration/Tree Clearing T Floodplain Pool WH Yes Corps 0.057 (acres) W7 Stream Restoration P Floodplain Pool WI Yes Corps 0.007 (acres) W8 Stream Restoration/Tree Clearing T Floodplain Pool WI Yes Corps 0.198 (acres) W9 Stream Restoration/Dam Work P Floodplain Pool WG Yes Corps 0.015 (acres) W10 Stream Restoration P Floodplain Pool WF Yes Corps 0.047 (acres) Wil Stream Restoration/Tree Clearing T Floodplain Pool WF Yes Corps 0.299 (acres) W12 Stream Restoration P Bottomland Hardwood Forest WE Yes Corps 0.095 (acres) W13 Stream Restoration/Enhanceme nt/Tree Clearing T Bottomland Hardwood Forest WE Yes Corps 0.746 (acres) W14 Stream Restoration P Non -Tidal Freshwater Marsh WD No Corps 0.006 (acres) W15 Stream Restoration T Non -Tidal Freshwater Marsh WD No Corps 0.010 (acres) W16 Stream Restoration P Non -Tidal Freshwater Marsh WC No Corps 0.243 (acres) W17 Stream Restoration T Non -Tidal Freshwater Marsh WC No Corps 1.797 (acres) 2g. Total Temporary Wetland Impact 3.376 2g. Total Wetland Impact 3.789 2g. Total Permanent Wetland Impact 0.413 2i. Comments: Stream restoration will involve the construction and alignment of reaches DE2, DE4, DE7, DE8, and Brad's Branch, including floodplain grading, removal and installation of culverts, and the installation of a siphon system outlet structure, reconnecting hydrology to the stream. While the construction will result in permanent wetland impacts, it will restore proper dimensions and profile to the stream which will provide a net gain in stream length and wetland area and improve ecological function to the stream and wetland system. Temporary wetland impacts will result from the disturbance surrounding the stream restoration including tree clearing and replanting as well as stream enhancement including minor floodplain grading and bank stabilization. 3. Stream Impacts 3a. Reason for impact (7) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (7) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* Sf Grading/Bank Stabilization (Enhancement) Temporary Bank Stabilization Brad's Branch Intermittent Both 8 Average (feet) 1,218 (linear feet) S2 Stream Restoration Permanent Relocation Brad's Branch Perennial Both 11 Average (feet) 4,221 (linear feet) S3 Stream Restoration Permanent Relocation DE7 Intermittent Both 3 Average (feet) 251 (linear feet) S4 Stream Restoration Permanent Relocation DE2 Intermittent Both 3 Average (feet) 134 (linear feet) S5 Stream Restoration Permanent Relocation DE8 Intermittent Both 6 Average (feet) 61 (linear feet) S6 Stream Restoration (Culvert Installation) Permanent Culvert Brad's Branch Perennial Both 10 Average (feet) 30 (linear feet) S7 Stream Restoration Permanent Relocation DE4 Perennial Both 8 Average (feet) 685 (linear feet) S8 Stream Restoration (Culvert Installation) Permanent Culvert DE4 Perennial Both 10 Average (feet) 30 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 5,412 3i. Total stream and ditch impacts: 1196 3i. Total temporary stream impacts: 1,218 3j. Comments: All permanent stream impacts are due to the construction and re -alignment of stream reaches DE2, DE4, DE7, DE8, and Brad's Branch. Restoration back to the natural valley and proper stream dimensions and profile will provide a net gain in the ecological function to the stream and wetland system. A mix of offline and inline, Priority I and II restoration is proposed for Brad's Branch (BB-C), DE2-B, DE4-B, DE7, and DE8 to address vertical and lateral instabilities, lack of floodplain access, historic channel relocation, and buffer impacts. Restoration activities will include: • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing toe protection on meander bends, • Creating depressional areas no deeper than 14 inches along filled and plugged sections of the abandoned channel, • Relocating and improving culvert crossings, • Relocating the downstream end of Brad's Branch off the valley toe of slope to the historic floodplain, • Reconnecting flow into the wetland at the bottom of the project, • Stabilizing banks via live -staking, • Removing trash and debris located within the proposed easement, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment, • Installing a siphon system outlet structure, to pull cooler water from lower in the water column, at the center of an adjacent pond to reconnect hydrology to DE8. A mix of enhancement I and enhancement II activities are proposed along reaches DE2-A, DE4-A, MT2, and Brad's Branch (BB -A and BB-C) to address eroding streams and degraded buffers and will result in temporary impacts. Enhancement I activities along Brad's Branch include: • Installing log sills to raise the bed elevation and improve habitat diversity, • Stabilizing banks via grading, matting and live -staking, • Realigning the channel above the DOT culvert, • Livestock exclusion, • Supplemental riparian planting, • Removing trash and debris located within the proposed easement, • Invasive vegetation treatment. Enhancement II activities, that will not result in any impacts include: • Installing an Engineered Sediment Pack (ESP) at the top of DE2-A to capture off -site sediment, • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional streams and wetlands will be unavoidable due to the restoration activities proposed. Although these impacts are unavoidable, the proposed stream treatment will result in an overall gain in aquatic resources and provide functional uplift of the stream and wetland system. Stream restoration of reaches BB-C, DE7, DE2-B, DE8, and DE4-B will have permanent stream impacts due to stream realignment and installation of two improved culverts. Stream enhancement of reaches BB -A, BB-B, MT2, and DE2-A will also result in temporary stream impacts due to minor grading, bank stabilization, tree clearing and tree planting. Almost all wetlands on site (WA, WB, WC-1, WD, WE-1, WE-2. WF, WG, WH, WI, WJ, and WK) will have some impacts, both permanent and temporary, as a result of stream restoration and enhancement. Streams, wetlands, and riparian areas throughout the Project will be protected in perpetuity through a conservation easement. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts will be minimized using a staged construction approach. Where possible, the channel will be constructed prior to turning stream flow into a segment. This approach minimizes the impact of each stage during the project construction. Efforts will be made to preserve individual high value trees located within the stream restoration area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes UNo 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a stream and wetland mitigation project that will ultimately uplift the ecological quality of streams, buffers, and wetlands on site, within the Cape Fear River Basin, and therefore does not need compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes O No If no, explain why: It is not in a Protected Buffer Watershed (Cape Fear 06). 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0 Yes ® No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? OYes 0No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* • Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes • No Comments:* A Categorical Exclusion was approved by DMS and FHWA in March 2021 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes • No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes • No 3b. If you answered "no," provide a short narrative description. This project will not result in any additional development. Ultimately, there will be an increase in water quality within the project and downstream due to the restoration of the stream and wetland complexes and establishing a conservation easement to be protected in perpetuity. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* nYes 0NoON/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes • No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* • Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? OYes 0No • No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? OYes 0No 5g. Does this project involve bridge maintenance or removal? 0Yes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ®No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 0Yes ®No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS- Information for Planning and Consultation and Natural Heritage Program Database. See the approved Categorical Exclusion (CE) Document for additional information. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes • No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? * O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO. See approved Categorical Exclusion (CE). Document in Mitigation Plan for additional information. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes O No 8b. If yes, explain how project meets FEMA requirements: Part of the Project will involve grading in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (SFHA) for Six Runs Creek (Map Number: 3720242800J / Panel: 2428). This grading is proposed as part of the restoration effort on the main tributary of the Project. Because earthwork will occur within the FEMA SFHA, a No -Rise certification will be obtained prior to construction efforts. Per discussion with the Sampson County Floodplain Administrator (September 21, 2021), the County has not yet adopted a standalone Floodplain Development Permit (FPDP). Therefore, a FPDP will not be included in the No -Rise permit submittal but is anticipated to be completed once the County's Floodplain Administrator makes one available. 8c. What source(s) did you use to make the floodplain determination?* FEMA Map Number: 3720242800J / FIRM Panel: 2428 Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN_Package_SixRuns.pdf 25.28MB Six Runs - Impact Map.pdf 3.28MB SixRuns_100170_MP_2022.pdf 150.49MB SixRuns401COffice.pdf 227.55KB SixRuns401 FeeMemo.pdf 256.93KB File must be PDF or KMZ Comments Signature O By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Matthew DeAngelo Signature latifirkttied Full Name (DMS Signature) Lin Xu DSM Signature Date 7/27/2022 Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. BIMS # Assigned* Version#* 20201798 1 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Select Project Reviewer* Erin Davis:eads\ebdavis Information for Initial Review Reviewing Office* Central Office - (919) 707-9000 la. Name of project: Six Runs la. Who is the Primary Contact?* Brad Breslow 1b. Primary Contact Email:* lc. Primary Contact Phone:* bbreslow@res.us (919)209-1062 Date Submitted 7/27/2022 Nearest Body of Water Six Runs Creek Basin Cape Fear Water Classification C;Sw Pre -Filing Meeting Date Request was submitted on: 11/23/2020 Site Coordinates .......................................................................... Latitude: 35.0962 A. Processing Information Longitude: -78.2304 County (or Counties) where the project is located: Sampson Is this a NCDMS Project OYes 0No Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? C.)Yes 0No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act. Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): td. Type(s) of approval sought from the DWR: IJ 401 Water Quality Certification - Regular O Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 27 - Restoration le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* 0 Yes O No 0 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 Yes OO No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 Yes 0 No 1 h. Is the project located in any of NC's twenty coastal counties? 0 Yes OO No 1j. Is the project located in a designated trout watershed? 0 Yes 0 No B. Applicant Information OYes 0No OYes 0No Id. Who is applying for the permit? 0 Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 0Yes @No 2. Owner Information 2a. Name(s) on recorded deed: Daniel Chad Evans 2b. Deed book and page no.: 1402/140, 1839/325, 1882/462, 1919/208, 2106/861 2c. Contact Person: Brad Breslow 2d. Address Street Address 3406 E Darden Road Address Line 2 City Faison Postal / Zip Code 28341 2e. Telephone Number: (919)209-1062 2g. Email Address:* bbreslow@res.us 2a. Name(s) on recorded deed: Joan B. Troublefield 2b. Deed book and page no.: 1558/297 2c. Contact Person: Brad Breslow 2d. Address Street Address 8261 Faison Hwy Address Line 2 City Faison Postal / Zip Code 28341 2e. Telephone Number: (910)590-7800 2g. Email Address:* joanbtrouble@intrstar.net 3. Applicant Information (if different from owner) 3a. Name: Lin Xu 3b. Business Name: NC Division of Mitigation Services 3c. Address Street Address 217 W Jones Street Address Line 2 City Raleigh Postal / Zip Code 27603 3d. Telephone Number: (919)707-8944 3f. Email Address:* lin.xu@ncdenr.gov C. Project Information and Prior Project History State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region NC Country United States 3e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Faison 2. Project Identification 2a. Property Identification Number: 13012570002, 03117989601, 10337989604, 13007989609,13007989608,13102516012 2b. Property size: 137.61 2c. Project Address Street Address 3406 E Darden Road Address Line 2 City State / Province / Region Faison North Carolina Postal / Zip Code Country 28341 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Six Runs Creek 3b. Water Resources Classification of nearest receiving water: * C;Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300060501 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The Project is comprised of a 30.94-acre easement located along Six Runs Creek, encompassing a portion of the Six Runs Creek floodplain and several tributaries. The Project involves Brad's Branch (a colloquial name for the primary tributary feature draining to Six Runs Creek), five of its unnamed tributaries, and riparian wetlands that all drain into Six Runs Creek which eventually drains south to the Black River. The Project drainage area originates in a broad flat and confines to drainages that feed the two primary Project stream systems, Brad's Branch and DE4. The total drainage area for the Project is 570 acres (0.89 square miles). The land uses within the drainage area consist primarily of agriculture (48%) and forest (38 % ), with minor components of residential (6%), brush (3%), cleared area (1%), roads (1%), open water (<1%), open space (<1%), dirt roads (<1%), and commercial (<1%). Notably within the drainage area, the headwaters of the primary Project streams are not buffered and are active crop fields, leading to high sediment input to downstream watercourses within the Project. All of the land immediately adjacent to the Project is active cow pasture, with a mix of open pasture grassland and wooded pasture, which has ultimately contributed to the degradation of Project streams and wetlands. Additionally, farm ponds and historic wildlife impoundments exist within and adjacent to the Project which affect local watershed hydrology and stream hydraulic function. Historical aerial imagery indicates that the Project area and its headwater drainages were primarily forested until at least 1974; however, much of the adjacent land was in agriculture, including pasture and row crops. The imagery shows that agricultural clearing and expansion began along the Project features within the subject parcel sometime between 1974 and 1983, though some forest remained along the upstream riparian corridors of Brad's Branch and its major tributary. Sometime between 1993 and 2010, a house and other farm buildings were built on the property outside of the proposed easement boundary. Also, between 1993 and 2010, it appears a house was built in the pasture to the east of Brad's Branch above E Darden Road which resulted in the establishment of an overhead power line easement bisecting that portion of Brad's Branch. South of the Project parcel boundary is Hargrove Elementary School which was built prior to 1974 and is well upslope of the Project. Ultimately, land -use within and adjacent to the Project has remained mostly unchanged since at least 1993. Currently, the entire area within the proposed easement boundary is utilized for cattle farming and livestock have full access throughout, with a mix of grazed forest and managed, open pasture. The corral and bullpen within an area of the riparian buffer remain and are actively used. The in -line pond to the north, draining into Brad's Branch, has a degraded outlet and has diverted all flow to its emergency spillway, cutting a new channel downslope. The downstream extent of the channelized portion of Brad's Branch is actively aggrading since it has not been recently dredged. This has led to a stream flow diversion, where some of the flow has routed south, out of the Project, while some flow has spilled into the pasture to the north, within the Project. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes ® No O Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 9.338 4g. List the total estimated linear feet of all existing streams on the property: 7,095 4h. Explain the purpose of the proposed project:* The Project was identified as a stream and wetland mitigation opportunity to improve hydrology, water quality, and habitat within the Cape Fear River Basin. The aquatic resources associated with the Project have been highly manipulated and degraded over time due to agriculture practices, including stream channelization, constructing impoundments, and raising livestock. Project streams have historically been relocated, straightened, and dredged, leading to unstable channels with poor hydraulic function, loss of wetlands, and wetlands with decreased hydrology. Also, the already altered hydrology caused by a large pond impoundment has been exacerbated by the failure of its outlet, leading to highly constricted stream flow and the formation of a dislocated stream channel stemming from the pond's old emergency spillway. Additionally, all Project streams and wetlands are heavily grazed by livestock. Further, forested riparian buffers are either absent, narrow, or lack stem density and understory for almost all stream features throughout the Project. Therefore, the Project presents a great opportunity to improve water quality, hydrologic function, and terrestrial and aquatic habitat connectivity, and decrease non -point pollution from agricultural and livestock practices while also providing tremendous additional uplift to degraded stream -wetland complexes. The Project will directly and indirectly address stressors by reconstructing natural channels within the catchment area; stabilizing eroding stream banks and establishing floodplain connectivity; reducing sediment and nutrient loads; restoring, enhancing, and preserving wetlands; restoring and enhancing riparian buffers; and protecting aquatic resources in perpetuity. The Project proposes to restore 5,788 linear feet (LF) and enhance 1,656 LF of stream as well as re-establish 6.221 acres (ac), rehabilitate 4.913 ac, enhance 1.008 ac, and preserve 1.656 ac of wetlands that will ultimately provide water quality benefits and ecosystem uplift for the Project's 0.89 square miles (570 acres) drainage area. Proposed improvements to the Project will help meet the river basin needs expressed in the Division of Mitigation Services' (DMS) 2009 Cape Fear River Basin Restoration Priorities (RBRP). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The Project will include Priority 1 and 2 Restoration, Enhancement Level I, Enhancement Level II, and Enhancement Level II at a lower credit ratio. Stream restoration will incorporate the design of a single -thread, meandering channel with parameters based on data taken from reference reaches, published empirical relationships, regional curves developed from existing project streams, 2-D modeling and NC, SC, and VA Regional Curves. Analytical design techniques are also a crucial element of the project and were used to determine the design discharge and to verify the overall design. Reaches BB -A and BB-B An enhancement I approach is proposed for these reaches to address bank erosion and incision, sediment loads and buffer impacts. Enhancement activities will include: • Installing log sills to raise the bed elevation and improve habitat diversity, • Stabilizing banks via grading, matting and live -staking, • Realigning the channel above the DOT culvert, • Livestock exclusion, • Supplemental riparian planting, • Removing trash and debris located within the proposed easement, • Invasive vegetation treatment. Reach BB-C A mix of offline and inline restoration is proposed for this reach to address vertical and lateral instabilities, lack of floodplain access, historic channel relocation, and buffer impacts. This reach is split into three segments (US, MS, and DS) based on drainage area. The US portion is defined from E Darden Road to the confluence with DE8; the MS portion from the confluence with DE8 to the confluence with DE4; and the DS portion from the confluence with DE4 to the reach's termination in Wetland C. Restoration activities will include: • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing toe protection on meander bends, • Creating depressional areas no deeper than 14 inches along filled and plugged sections of the abandoned channel, • Relocating and improving a culvert crossing, • Relocating the downstream end of the reach off the valley toe of slope to the historic floodplain, • Reconnecting flow into the wetland at the bottom of the project, • Stabilizing banks via live -staking, • Removing trash and debris located within the proposed easement, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE2-A An enhancement II approach is proposed for this reach to address buffer impacts. Enhancement activities will include: • Installing an Engineered Sediment Pack (ESP) at the top of the reach to capture off -site sediment, • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. Reach DE2-B A mix of offline and inline restoration is proposed for this reach to address channel incision, bank instability, and buffer impacts. Restoration activities will include: • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing log sills for grade control, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE4-A An enhancement II approach at a lower crediting ratio is proposed for this reach to address buffer impacts. Enhancement activities will include: • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. Reach DE4-B A mix of offline and inline restoration is proposed for this reach to address channel relocation and straightening, bank instability, and buffer impacts. Restoration activities will include: • Grading a new single thread channel in the existing floodplain and historic valley, • Establishing a riffle -pool sequence throughout the new channel, • Installing log sills for grade control, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Replacing a culvert crossing, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE7 A mix of offline and inline restoration is proposed for this reach to address channel incision, bed and bank instability, and buffer impacts. Restoration activities will include: • Grading a new single thread channel, • Establishing a step-pool/cascade sequence within the steep upper portion of the reach and a riffle -pool sequence through the floodplain of Brad's Branch, • Installing log sills for grade control, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Filling the existing channel, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment. Reach DE8 A mix of offline and inline restoration is proposed for this reach to address historic disconnection from its watershed and buffer impacts. Restoration activities will include: • Installing a siphon system outlet structure, to pull cooler water from lower in the water column, at the center of the pond to reconnect hydrology to the reach, • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing log sills for grade control and habitat, • Installing toe protection on meander bends, • Stabilizing banks via live -staking, • Filling and plugging the abandoned sections of channel, • Livestock exclusion, - • Invasive vegetation treatment. Reach MT2 An enhancement II approach is proposed for this reach to address buffer impacts. Enhancement activities will include: • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. The Project will also revitalize wetland communities through a combination of wetland re-establishment, rehabilitation, enhancement, and preservation. Wetland re-establishment is proposed in two areas of the Project: the area surrounding the jurisdictional wetland boundary of WC, in the downstream portion of Brad's Branch (WL), and the area between reach DE4-B and WE-2 (WM). These areas contain hydric soils but lack sufficient wetland hydrology and a lowered water table due to an altered landscape and drainage modifications, including relocated and incised streams as well as spoil berms associated with channelization and dredging. Reconstructing Brad's Branch (specifically, the downstream portion of BB-C which has been relocated away from the natural valley) and reach DE4-B with appropriately sized channels back within the low of the existing floodplains along with plugging and filling the incised, abandoned channels, will raise the local groundwater elevations and allow for frequent flooding. Therefore, hydrology can be restored to these historic wetlands, connecting them to the surrounding jurisdictional wetlands, and their riparian functions can be re-established by enabling stream interaction. The re-established wetland areas will be planted with bare root hardwood trees representative of Coastal Plain Small Stream Swamp and Blackwater Hardwood Forest communities. Additionally, livestock will be permanently excluded by installing fencing and establishing a conservation easement. Wetland rehabilitation is proposed for wetlands WC-1 and WD. The rehabilitation approach is intended to provide uplift to vegetative function and functions related to wetland -stream interactions, especially floodplain connectivity. This wetland area has been completely disconnected from its historic stream system, Brad's Branch, and is within active pasture that is consistently seeded and grazed by cattle. Like the proposed re-establishment areas, rehabilitation of the area will be directly tied to the stream restoration activities. Reconstructing the downstream portion of Brad's Branch within the footprint of this wetland, which is the natural valley low, with an appropriately sized channel will re-establish riparian wetland functions by enabling stream interaction and frequent flooding. Also, the design for the proposed Brad's Branch stream channel is proposed to end within WC-1. Therefore, it is expected that channelized flow will dissipate below this point and potentially braid into the wetland, creating a more diverse habitat and opportunity for sediment to settle and nutrients to be absorbed before entering Six Runs Creek. Also, the rehabilitation aims to re-establish a Bottomland Hardwood Forest community that historically existed. This will involve planting bare root and live - stake hardwood trees representative of Coastal Plain Small Stream Swamp and Blackwater Hardwood Forest communities. Additionally, livestock will be permanently excluded by installing fencing and establishing a conservation easement. Wetland enhancement is proposed within the existing jurisdictional wetland WE-2. This jurisdictional wetland has sufficient hydrology and is consistently wet but is disconnected from its stream (reach DE4-B), is forested but has degraded density, composition, and structure, and is severely impacted by cattle. Therefore, the activities proposed to enhance this wetland include stream restoration of DE4-B that will re-establish wetland -stream interaction and riparian function, treat exotic invasive species and plant native bare root trees in order to establish a healthier wetland hardwood forest community, and permanently exclude livestock by installing fencing and establishing a conservation easement. Wetland enhancement is proposed within the existing jurisdictional wetland WE-1. This forested, jurisdictional wetland is less disturbed than WE-2 below and is associated with a healthy stream channel. Cattle still impact the vegetative community though, with canopy, understory, and herbaceous strata all moderately dense, but when compared to the reference wetland forest just upstream of the property, which is fenced off, it is obviously still degraded. Therefore, the activities proposed to enhance this wetland include supplemental planting of native bare root trees in order to establish a healthier wetland hardwood forest community, and permanently exclude livestock by installing fencing and establishing a conservation easement. Wetland preservation is proposed for jurisdictional wetland WC-2. Although this wetland was historically manipulated by an excavation activity, it has since stabilized as a functioning swamp forest with forest, marsh, and open water components which provides complimentary habitat diversity to the Project within the Six Runs Creek floodplain. Ultimately, little can be done to provide functional uplift to this area. The area will remain as is but will still be fenced and protected by a permanent conservation easement. A suite of sediment control measures will be utilized for the Project to reduce direct effluent inputs, pollutant contamination, and sediment loading. The combination of the following sediment control measures: riparian buffer planting, bank stabilization, stream restoration, engineered sediment packs and livestock exclusion, will ultimately lead to the functional uplift of the site, while still allowing livestock production to persist. The riparian buffer will be restored along all stream reaches. Restored riparian buffers are established adjacent to and up -gradient from watercourses of water bodies to improve water quality. Buffers will be protected from livestock by installing fencing along the project boundaries. The Project also involves riparian wetland restoration and enhancement that will increase the size and capacity of wetlands to treat sediment and nutrient input from the watershed. There will be two planting zones at the Project with different target communities. The floodplains and wetland areas will be targeted as a hybrid community characteristic of Blackwater Bottomland Hardwood Forest and Coastal Plain Small Stream Swamp (Zone 1), and the up -gradient areas along the upland hillslopes of the valleys will be targeted as a Mesic Mixed Hardwood Forest (Coastal Plain Subtype; Zone 2). The composition of the proposed tree species list will have some overlap in species, specifically the more facultative species that have a large moisture tolerance range. In order to maintain integrity of existing forested areas within the proposed stream restoration construction corridors, tree clearing will be limited to the greatest extent practicable. Therefore, where possible, some mature trees may remain within the proposed planting area. Also, it is anticipated that tree clearing outside the depicted planting area, and possibly outside the easement area, will occur to accommodate construction access. These areas will also be replanted along with the rest of the site. The restoration of plant communities along the Project will provide stabilization and diversity. For rapid stabilization of the stream banks (primarily outside meanders), black willow (Salix nigra), silky dogwood (Cornus amomum), and buttonbush (Cephalanthus occidentalis) were chosen for live stakes along the restored channel because of their rapid growth patterns and high success rates. Willows grow at a faster rate than the species planted around them, and they stabilize the stream banks. Willows will also be quicker to contribute organic matter to the channel. When the other planted tree species grow bigger, the black willows will slowly stop growing or die out as they are effectively shaded out and outcompeted. The live stake species will be planted along the outside of the meander bends three feet from the top of bank, creating a three-foot section along the top of bank. The live stakes will be spaced one per three linear feet with alternate spacing, vertically. Treatment for invasive species will be required within the entire easement area. Invasive species will require different and multiple treatment methods, depending on plant phenology and the location of the species being treated. However, based on observed existing conditions observations, the only known woody exotic invasive species that would require treatment is Chinese privet. With that said, pasture grasses will be treated prior to construction as well. All treatment will be conducted as to maximize its effectiveness and reduce chances of detriment to surrounding native vegetation. Treatment methods will include mechanical (cutting with toppers, clippers, or chain saw) and chemical (foliar spray, cut stump, and hack and squirt techniques). Invasive or aggressive plants containing mature, viable seeds will be removed from the Project and properly disposed. Prior to construction activities, pasture grasses will be treated. After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the Project. Any topsoil that is removed during construction will be stockpiled and placed over the Project during final soil preparation. This process should provide favorable soil conditions for plant growth. Rapid establishment of vegetation will provide natural stabilization for the Project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ® Yes Comments: 0 No 0 Unknown A preliminary jurisdictional determination (PJD) request was sent to the USAGE on February 19th, 2021, followed by the submission of supplemental materials on April 30th, 2021, as requested by USAGE. The USACE performed a desktop review and issued the PJD on July 23rd, 2021. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ® Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A Corps AID Number: SAW-2020-01964 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Matthew DeAngelo Resource Environmental Solutions 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A survey of potential jurisdictional Waters of the U.S. was performed in February of 2021. A preliminary jurisdictional determination request was sent to the USACE on February 19th, 2021, followed by the submission of supplemental materials on April 30th, 2021, as requested by USACE. The USACE performed a desktop review and issued the PJD on July 23rd, 2021. 6. Future Project Plans 6a. Is this a phased project?* O Yes G No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): O Wetlands O Streams -tributaries ❑ Open Waters O Pond Construction 2. Wetland Impacts O Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Stream Enhancement/Tree Clearing T Floodplain Pool WA Yes Corps 0.055 (acres) W2 Stream Enhancement/Tree Clearing T Floodplain Pool WB Yes Corps 0.057 (acres) W3 Stream Restoration P Floodplain Pool WK Yes Corps 0.000 (acres) W4 Stream Restoration/Tree Clearing T Floodplain Pool WK Yes Corps 0.034 (acres) W5 Stream Restoration/Tree Clearing T Floodplain Pool WJ Yes Corps 0.123 (acres) W6 Stream Restoration/Tree Clearing T Floodplain Pool WH Yes Corps 0.057 (acres) W7 Stream Restoration P Floodplain Pool WI Yes Corps 0.007 (acres) W8 Stream Restoration/Tree Clearing T Floodplain Pool WI Yes Corps 0.198 (acres) W9 Stream Restoration/Dam Work P Floodplain Pool WG Yes Corps 0.015 (acres) W10 Stream Restoration P Floodplain Pool WF Yes Corps 0.047 (acres) Wil Stream Restoration/Tree Clearing T Floodplain Pool WF Yes Corps 0.299 (acres) W12 Stream Restoration P Bottomland Hardwood Forest WE Yes Corps 0.095 (acres) W13 Stream Restoration/Enhanceme nt/Tree Clearing T Bottomland Hardwood Forest WE Yes Corps 0.746 (acres) W14 Stream Restoration P Non -Tidal Freshwater Marsh WD No Corps 0.006 (acres) W15 Stream Restoration T Non -Tidal Freshwater Marsh WD No Corps 0.010 (acres) W16 Stream Restoration P Non -Tidal Freshwater Marsh WC No Corps 0.243 (acres) W17 Stream Restoration T Non -Tidal Freshwater Marsh WC No Corps 1.797 (acres) 2g. Total Temporary Wetland Impact 3.376 2g. Total Wetland Impact 3.789 2g. Total Permanent Wetland Impact 0.413 2i. Comments: Stream restoration will involve the construction and alignment of reaches DE2, DE4, DE7, DE8, and Brad's Branch, including floodplain grading, removal and installation of culverts, and the installation of a siphon system outlet structure, reconnecting hydrology to the stream. While the construction will result in permanent wetland impacts, it will restore proper dimensions and profile to the stream which will provide a net gain in stream length and wetland area and improve ecological function to the stream and wetland system. Temporary wetland impacts will result from the disturbance surrounding the stream restoration including tree clearing and replanting as well as stream enhancement including minor floodplain grading and bank stabilization. 3. Stream Impacts 3a. Reason for impact (7) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (7) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* Sf Grading/Bank Stabilization (Enhancement) Temporary Bank Stabilization Brad's Branch Intermittent Both 8 Average (feet) 1,218 (linear feet) S2 Stream Restoration Permanent Relocation Brad's Branch Perennial Both 11 Average (feet) 4,221 (linear feet) S3 Stream Restoration Permanent Relocation DE7 Intermittent Both 3 Average (feet) 251 (linear feet) S4 Stream Restoration Permanent Relocation DE2 Intermittent Both 3 Average (feet) 134 (linear feet) S5 Stream Restoration Permanent Relocation DE8 Intermittent Both 6 Average (feet) 61 (linear feet) S6 Stream Restoration (Culvert Installation) Permanent Culvert Brad's Branch Perennial Both 10 Average (feet) 30 (linear feet) S7 Stream Restoration Permanent Relocation DE4 Perennial Both 8 Average (feet) 685 (linear feet) S8 Stream Restoration (Culvert Installation) Permanent Culvert DE4 Perennial Both 10 Average (feet) 30 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 5,412 3i. Total stream and ditch impacts: 1196 3i. Total temporary stream impacts: 1,218 3j. Comments: All permanent stream impacts are due to the construction and re -alignment of stream reaches DE2, DE4, DE7, DE8, and Brad's Branch. Restoration back to the natural valley and proper stream dimensions and profile will provide a net gain in the ecological function to the stream and wetland system. A mix of offline and inline, Priority I and II restoration is proposed for Brad's Branch (BB-C), DE2-B, DE4-B, DE7, and DE8 to address vertical and lateral instabilities, lack of floodplain access, historic channel relocation, and buffer impacts. Restoration activities will include: • Grading a new single thread channel in the existing floodplain, • Establishing a riffle -pool sequence throughout the new channel, • Installing toe protection on meander bends, • Creating depressional areas no deeper than 14 inches along filled and plugged sections of the abandoned channel, • Relocating and improving culvert crossings, • Relocating the downstream end of Brad's Branch off the valley toe of slope to the historic floodplain, • Reconnecting flow into the wetland at the bottom of the project, • Stabilizing banks via live -staking, • Removing trash and debris located within the proposed easement, • Livestock exclusion, • Riparian planting, • Invasive vegetation treatment, • Installing a siphon system outlet structure, to pull cooler water from lower in the water column, at the center of an adjacent pond to reconnect hydrology to DE8. A mix of enhancement I and enhancement II activities are proposed along reaches DE2-A, DE4-A, MT2, and Brad's Branch (BB -A and BB-C) to address eroding streams and degraded buffers and will result in temporary impacts. Enhancement I activities along Brad's Branch include: • Installing log sills to raise the bed elevation and improve habitat diversity, • Stabilizing banks via grading, matting and live -staking, • Realigning the channel above the DOT culvert, • Livestock exclusion, • Supplemental riparian planting, • Removing trash and debris located within the proposed easement, • Invasive vegetation treatment. Enhancement II activities, that will not result in any impacts include: • Installing an Engineered Sediment Pack (ESP) at the top of DE2-A to capture off -site sediment, • Livestock exclusion, • Supplemental riparian planting, • Invasive vegetation treatment. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional streams and wetlands will be unavoidable due to the restoration activities proposed. Although these impacts are unavoidable, the proposed stream treatment will result in an overall gain in aquatic resources and provide functional uplift of the stream and wetland system. Stream restoration of reaches BB-C, DE7, DE2-B, DE8, and DE4-B will have permanent stream impacts due to stream realignment and installation of two improved culverts. Stream enhancement of reaches BB -A, BB-B, MT2, and DE2-A will also result in temporary stream impacts due to minor grading, bank stabilization, tree clearing and tree planting. Almost all wetlands on site (WA, WB, WC-1, WD, WE-1, WE-2. WF, WG, WH, WI, WJ, and WK) will have some impacts, both permanent and temporary, as a result of stream restoration and enhancement. Streams, wetlands, and riparian areas throughout the Project will be protected in perpetuity through a conservation easement. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts will be minimized using a staged construction approach. Where possible, the channel will be constructed prior to turning stream flow into a segment. This approach minimizes the impact of each stage during the project construction. Efforts will be made to preserve individual high value trees located within the stream restoration area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes UNo 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a stream and wetland mitigation project that will ultimately uplift the ecological quality of streams, buffers, and wetlands on site, within the Cape Fear River Basin, and therefore does not need compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes O No If no, explain why: It is not in a Protected Buffer Watershed (Cape Fear 06). 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0 Yes ® No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? OYes 0No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* • Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes • No Comments:* A Categorical Exclusion was approved by DMS and FHWA in March 2021 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes • No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes • No 3b. If you answered "no," provide a short narrative description. This project will not result in any additional development. Ultimately, there will be an increase in water quality within the project and downstream due to the restoration of the stream and wetland complexes and establishing a conservation easement to be protected in perpetuity. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* nYes 0NoON/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes • No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* • Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? OYes 0No • No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? OYes 0No 5g. Does this project involve bridge maintenance or removal? 0Yes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ®No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 0Yes ®No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS- Information for Planning and Consultation and Natural Heritage Program Database. See the approved Categorical Exclusion (CE) Document for additional information. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes • No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? * O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO. See approved Categorical Exclusion (CE). Document in Mitigation Plan for additional information. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes O No 8b. If yes, explain how project meets FEMA requirements: Part of the Project will involve grading in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (SFHA) for Six Runs Creek (Map Number: 3720242800J / Panel: 2428). This grading is proposed as part of the restoration effort on the main tributary of the Project. Because earthwork will occur within the FEMA SFHA, a No -Rise certification will be obtained prior to construction efforts. Per discussion with the Sampson County Floodplain Administrator (September 21, 2021), the County has not yet adopted a standalone Floodplain Development Permit (FPDP). Therefore, a FPDP will not be included in the No -Rise permit submittal but is anticipated to be completed once the County's Floodplain Administrator makes one available. 8c. What source(s) did you use to make the floodplain determination?* FEMA Map Number: 3720242800J / FIRM Panel: 2428 Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN_Package_SixRuns.pdf 25.28MB Six Runs - Impact Map.pdf 3.28MB SixRuns_100170_MP_2022.pdf 150.49MB SixRuns401COffice.pdf 227.55KB SixRuns401 FeeMemo.pdf 256.93KB File must be PDF or KMZ Comments Signature O By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Matthew DeAngelo Signature latifirkttied Full Name (DMS Signature) Lin Xu DSM Signature Date 7/27/2022 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director NORTH CAROL! NA Environmental Quality July 28, 2022 Erin Davis, Stream / Wetland Mitigation Specialist Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 Re: Permit Application - Six Runs Stream and Wetland Mitigation Project, Sampson County (DMS Full Delivery Project) Dear Ms. Davis: Attached for your review is 404/401 permit application package for the subject project. A memo for the permit application fee is also included in the package. Per agreement between DMS and DWR, the hard copy of the final mitigation plan is not included in the submittal. However, the electronic copy of the final mitigation plan along with all other electronic files (uploaded along with the ePCN for the project) have been uploaded to NC DWR's file system. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Sincerely LUA, Xw Lin Xu ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director NORTH CAROL! NA Environmental Quality MEMORANDUM: TO: Debby Davis FROM: Lin Xu LX SUBJRCT: Payment of Permit Fee for 401 Certificate Application DATE: July 28, 2022 The Division of Mitigation Services (DMS) is implementing a mitigation project for Six Runs Stream and Wetland Mitigation Site in Sampson County (DMS IMS # 100170). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter, I can be reached at 919-707-8319. Thanks for your assistance. cc: Erin Davis, DWR EFF\Yrii Impact Aquatic ID S1 Brad's Branch Temporary S2 Brad's Branch S3 S4 S5 S7 S6 S8 W1 W2 W3 W4 W5 W6 W7 W8 W9 W10 W11 W12 W13 W14 W15 W16 W17 DE7 DE2 DE8 DE4 Brad's Branch DE4 WA WB WK WK WJ WH WI WI WG WF WF WE WE WD WD WC WC Permanent Permanent Permanent Permanent Permanent Grading/Bank Stabilization (Enhancement) 1,218 ft Stream Restoration Stream Restoration Stream Restoration Stream Restoration Stream Restoration Impacts Associated With Crossings Permanent Permanent Temporary Temporary Permanent Temporary Temporary Temporary Permanent Temporary Permanent Permanent Temporary Permanent Temporary Permanent Temporary Permanent Temporary Culvert Crossing Installation Culvert Crossing Installation Wetland Impacts Stream Enhancement/Tree Clearing Stream Enhancement/Tree Clearing Stream Restoration Stream Restoration/Tree Clearing Stream Restoration/Tree Clearing Stream Restoration/Tree Clearing Stream Restoration Stream Restoration/Tree Clearing Stream Restoration/Dam Work Stream Restoration Stream Restoration/Tree Clearing Stream Restoration Stream Restoration/Enhancement/Tree Clearing Stream Restoration Stream Restoration Stream Restoration Stream Restoration 4,221 ft 251 ft 134 ft 61 ft 685 ft 30 ft 30 ft 0.055 ac 0.057 ac 0.000 ac 0.034 ac 0.123 ac 0.057 ac 0.007 ac 0.198 ac 0.015 ac 0.047 a c 0.299 ac 0.095 ac 0.746 ac 0.006 ac 0.010 ac 0.243 ac 1.797 ac Brad's Branch res Restoring a resilient earth for a modern world w N s E 0 150 300 Feet Figure 5 - Project Impacts Six Runs Mitigation Project Sampson County, North Carolina Drawn by: EJU Date: 7/11/2022 Reviewed by: MDD Revision: n/a Legend Proposed Easement JD Study Area Existing Wetland Wetland Impacts i Permanent Temporary Existing Top of Bank Proposed Stream Centerline REFERENCE 1) Horizontal Datum is NAD83 UTM Zone 17N 2) Map Projection is NAD_1983_StatePlane_ South Carolina FIPS 3200 Feet fires July 27, 2022 NC Division of Water Resources 217 West Jones Street Raleigh, NC 27603 To Whom it May Concern, 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 Resource Environmental Solutions (RES) is pleased to present this Pre -Construction Notification (PCN) Form for the Six Runs Mitigation Project ("Project") located in Sampson County, North Carolina (35.0962, - 78.2304). The Project is located within a primarily rural watershed approximately six miles west of Faison, North Carolina. The aquatic resources associated with the Project have been highly manipulated and degraded over time due to agriculture practices, including stream channelization, constructing impoundments, and raising livestock. The Project will involve the restoration and enhancement of streams and wetlands within the Cape Fear River Basin (Hydrologic Unit Code 03030006). This PCN will provide an assessment of temporary and permanent impacts associated with the stream and wetland mitigation that will occur during the construction of this Project. The objective for this 30.94-acre Project is to restore and design natural stream/wetland complexes with appropriate cross -sectional dimensions and slope that will provide function and meet the appropriate success criteria agreed upon in the mitigation plan. Accomplishing this objective entails the restoration and enhancement of natural stream characteristics, such as stable cross sections, planform, and in -stream habitat as well as restoration and enhancement of wetland functions, such as hydrology, biogeochemistry, and species habitat. Total wetland impacts resulting from the proposed Project are 3.376 acres of temporary impacts and 0.413 acres of permanent impacts. Total stream impacts are 1,218 linear feet of temporary impacts and 5,412 linear feet of permanent impacts. Ultimately, 7,444 linear feet of streams and 13.80 acres of wetlands will be protected in perpetuity by a 30.94-acre conservation easement. The attached PCN package includes the PCN form, PCN supplemental information, supporting figures, and the Preliminary Jurisdictional Determination with an updated aquatic resource inventory table. We thank you in advance for your timely response and cooperation. Please feel free to contact me at (919)-209-1062 or bbreslow@res.us if you have any additional question regarding this matter. Sincerely, S.„e„6, Brad Breslow 1 Regulatory Manager res.us TABLE OF CONTENTS I. Pre -filing Meeting Request II. PCN Figures • Figure 1. Project Vicinity • Figure 2. USGS Quadrangle • Figure 3. Existing Conditions • Figure 4. Mapped Soils • Figure 5. Project Impacts III. Issued Preliminary Jurisdictional Determination (PJD) • Notification of Jurisdictional Determination • PJD Form • Original Aquatic Resources • Figures IV. OMBIL Regulatory Module (ORM) • Updated Aquatic Resources • Impacts V. Categorical Exclusion • Approved Categorical Exclusion i. Agency Correspondence Pre -filing Meeting Request DWR Pre -Filing Meeting Request Form NORTH CA:iOLINA 6nvtronmerrtal Qualify Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Katie Webber kwebber@res.us RES/DMS Six Runs Mitigation Project Sampson Street Address 3600 Glenwood Avenue, Suite 100 Address Line 2 City State / Rovince / Region Raleigh NC Fbstal / Zip Code Country 27612 US Is this a transportation project?* r Yes c: No Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* (' Yes c: No Do you know the name of the staff member you would like to request a meeting with? Erin Davis Please give a brief project description below.* Stream and wetland mitigation project in Sampson County (CF06 basin) for DMS. Please give a couple of dates you are available for a meeting. 12/15/2020 Please attach the documentation you would like to have the meeting about. Compiled_pdfs.pdf pdf only 17.08MB By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 11/23/2020 PCN Figures • Figure 1. Project Vicinity • Figure 2. USGS Quadrangle • Figure 3. Existing Conditions • Figure 4. Mapped Soils • Figure 5. Project Impacts Legend Proposed Easement JD Study Area Service Area CU - 03030006 HUC - 03030006110010 rrU*ivr4V aw�A0414��0 0 500 1,000 Feet Hargrove ementary School nN _ Db BurchTmporarily closoeddv c Figure 1 - Project Vicinity Six Runs Mitigation Project Fayettevi e o CH Six Runs Mitigation Project nberton Elizabeth O Whiteville Goldsboro u 35.0962, -78.2304 Date: 7/5/2022 Drawn by: EJU Checked by: MDD res Sampson County, North Carolina 1 inch = 1,000 feet Restoring a resilient eor,6 0 1,000 2,000 Feet Figure 2 - USGS Quadrangle Faison (1977) Six Runs Mitigation Project Sampson County, North Carolina Date: 7/5/2022 Drawn by: EJU Checked by: MDD 1 inch = 2,000 feet res Restoring a resilient eor s 0 250 500 11 Feet Figure 3 - NRCS Soil Survey Sampson County (1985) Six Runs Mitigation Project Sampson County, North Carolina Legend Proposed Easement JD Study Area Date: 7/5/2022 Drawn by: EJU Checked by: MDD 1 inch = 500 feet res res Restoring a resilient earth for a modern world 0 150 300 Feet Figure 4 - Existing Conditions Six Runs Mitigation Project Sampson County, North Carolina Drawn by: EJU Date: 7/5/2022 Reviewed by: MDD Revision: n/a Legend Proposed Easement JD Study Area Existing Wetland Existing Hydric Soil Area FEMA Zone AE Stream Type Intermittent '/ Perennial REFERENCE 1) Horizontal Datum is NAD83 UTM Zone 17N 2) Map Projection is NAD_1983_StatePlane_ South Carolina FIPS 3200 Feet EFF\Yrii Impact Aquatic ID S1 Brad's Branch Temporary S2 Brad's Branch S3 S4 S5 S7 S6 S8 W1 W2 W3 W4 W5 W6 W7 W8 W9 W10 W11 W12 W13 W14 W15 W16 W17 DE7 DE2 DE8 DE4 Brad's Branch DE4 WA WB WK WK WJ WH WI WI WG WF WF WE WE WD WD WC WC Permanent Permanent Permanent Permanent Permanent Grading/Bank Stabilization (Enhancement) 1,218 ft Stream Restoration Stream Restoration Stream Restoration Stream Restoration Stream Restoration Impacts Associated With Crossings Permanent Permanent Temporary Temporary Permanent Temporary Temporary Temporary Permanent Temporary Permanent Permanent Temporary Permanent Temporary Permanent Temporary Permanent Temporary Culvert Crossing Installation Culvert Crossing Installation Wetland Impacts Stream Enhancement/Tree Clearing Stream Enhancement/Tree Clearing Stream Restoration Stream Restoration/Tree Clearing Stream Restoration/Tree Clearing Stream Restoration/Tree Clearing Stream Restoration Stream Restoration/Tree Clearing Stream Restoration/Dam Work Stream Restoration Stream Restoration/Tree Clearing Stream Restoration Stream Restoration/Enhancement/Tree Clearing Stream Restoration Stream Restoration Stream Restoration Stream Restoration 4,221 ft 251 ft 134 ft 61 ft 685 ft 30 ft 30 ft 0.055 ac 0.057 ac 0.000 ac 0.034 ac 0.123 ac 0.057 ac 0.007 ac 0.198 ac 0.015 ac 0.047 a c 0.299 ac 0.095 ac 0.746 ac 0.006 ac 0.010 ac 0.243 ac 1.797 ac Brad's Branch res Restoring a resilient earth for a modern world w N s E 0 150 300 Feet Figure 5 - Project Impacts Six Runs Mitigation Project Sampson County, North Carolina Drawn by: EJU Date: 7/11/2022 Reviewed by: MDD Revision: n/a Legend Proposed Easement JD Study Area Existing Wetland Wetland Impacts i Permanent Temporary Existing Top of Bank Proposed Stream Centerline REFERENCE 1) Horizontal Datum is NAD83 UTM Zone 17N 2) Map Projection is NAD_1983_StatePlane_ South Carolina FIPS 3200 Feet Issued Preliminary Jurisdictional Determination (PJD) • Notification of Jurisdictional Determination • PJD Form • Original Aquatic Resources • Figures U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00392 County: Sampson U.S.G.S. Quad: NC -Faison NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: RES Matt DeAn2elo Address: 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Telephone Number: 757.202.4471 E-mail: mdeangelo(a,res.us Size (acres) 35.8 Nearest Town Faison Nearest Waterway Six Runs Creek River Basin Cape Fear USGS HUC 03030006 Coordinates Latitude: 35.096035 Longitude: -78.231 Location description: The project area is located on the east and west sides of East Darden Road, north of the crossroads between Faison Highway, Brewer Road, and Lake Artesia Road in Faison, Sampson County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/23/2021. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above -described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2021-00392 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above -described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily Greer at 910.251.4567 or emily.c.2reer(a usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 7/23/2021. D. Remarks: NA E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A.SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Emily Greer Digitally signed by Emily Greer Corps Regulatory Official: Date: 2021.07.23 16:36:35-07'00' Date of JD: 7/23/2021 Expiration Date of JD: Not applicable SAW-2021-00392 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Furnished: Property Owner: Evans Farm Site Daniel Chad Evans Address: 3406 East Darden Road Faison, NC 28341 Property Owner: Joan Troublefield 826 Faison Highway Faison, NC 28341 PROCESS AND ili NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: RES, Matt DeAn2elo File Number: SAW-2021-00392 Date: 7/23/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E x SECTION Additional or the I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx of the above decision. Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, information that the review Corps may add new information the location of information that the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Emily Greer Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 7/23/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: RES, Matt DeAngelo, 3600 Glenwood Avenue, Suite 100, Raleigh, NC 27612 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Six Runs Mitigation Bank / Faison / Sampson / Daniel Evans, SAW-2021-00392 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located on the east and west sides of East Darden Road, north of the crossroads between Faison Highway, Brewer Road, and Lake Artesia Road in Faison, Sampson County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Sampson City: Faison Center coordinates of site (lat/long in degree decimal format): Latitude: 35.096035 Longitude: -78.231 Universal Transverse Mercator: Name of nearest waterbody: Six Runs Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: 04/03/2021 ❑FieldDetermination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal degrees) (decimal degrees) amount of aquatic resources in review area resources (i.e., wetland vs. non -wetland waters) which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) (acreage and linear feet, if applicable See Attached Table of Preliminary Waters of the US 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Six Runs Mitigation Project -Potential Wetland or Non -Wetland of the US Map dated 07/23/2021 ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ▪ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ▪ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ® USGS 8 and 12 digit HUC maps: ▪ U.S. Geological Survey map(s). Cite scale & quad name. 1:24k, Faison, NC ❑ Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey ▪ National wetlands inventory map(s). Cite name. USFWS Online Wetland Mapper ❑ State/local wetland inventory map(s): ▪ FEMA/FIRM maps: FEMA.2ov ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ▪ Photographs: ® Aerial (Name & Date): National Regulatory GIS Viewer or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ▪ Other information (please specify): LiDAR IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by Emily Greer Date: 2021.07.23 16:37:22 Emily Greer _07'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 7/23/2021 impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action. Waters_Name Brad's Branch MT2 DE2 DE3 DE4 DE7 DE8 WA WB WC WD WE WF WG WH WI WJ WK State NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA Cowardin_Code R3 R4 R4 R4 R3 R4 R4 PFO PFO PEM PEM PFO PFO PFO PFO PFO PFO PFO HGM_Code Meas_Type Linear Linear Linear Linear Linear Linear Linear Area Area Area Area Area Area Area Area Area Area Area Amount Units 5502.8295 FOOT 98.821177 FOOT 398.504929 FOOT 297.55517 FOOT 967.197057 FOOT 305.462746 FOOT 80.209888 FOOT 0.080575 ACRE 0.057297 ACRE 6.774087 ACRE 0.016411 ACRE 1.701318 ACRE 0.345838 ACRE 0.01471 ACRE 0.059509 ACRE 0.205121 ACRE 0.123242 ACRE 0.059952 ACRE Waters_Type Latitude DELINEATE 35.098836 DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE 35.098918 35.09655500 35.09624500 35.09664300 35.09511300 35.09597100 35.09835700 35.09766300 35.09226600 35.09389500 35.09608500 35.09550800 35.09607400 35.09586200 35.09544600 35.09555500 35.09552300 Longitude Local_Waterway -78.23029 -78.230097 -78.23291900 -78.23403100 -78.23700300 -78.23091700 -78.23456500 -78.23086700 -78.23032000 -78.24117400 -78.23808300 -78.23685500 -78.23501100 -78.23454400 -78.23414800 -78.23452100 -78.23319200 -78.23110100 y+. A bwt j ' r3 `+x 7 4 If 4` `7 t'4 E t " 4.,,, ,, ,.. .. .„ - y Pres E ' iil,, , t �,. x „. , ... . , I( '� `-"a 1 4.' +s al^' , *1/4 H \ 50r9 o 'S' ... a...a 44 ei W*-E y� may. .... H•I. Si• e v WA aI iO4- '# ; it x #. `r fa t Y ° y' �. 1,1 " , s er �r M a o 0 s''.�, ,. art 'MD'fi� �� �� 1m=3so feel u rm 7 " "�R- '',''�H' "• �' Potential 4 Wetland - ate rs �( .t ` of theUS Map 0 , r �ait /'�� Six Runs I, . 4 �. "•� * % ^ Mitigation Project !• - ��a�� ®3D. © ►:^, - �p�a .ampson County,North Carolina 44 ,L•r . . % /f, _� sFS Date_]I23I2O21 Drawn bY-HKH f I.,. ' /.�© WJ Q v'.'�.a m Revisions:NONE Challa:tltl by:MOO I" oss/ Q Study Area(35.8 ac) . Q Parcels/ - ®Potential Wetland Waters of the US Potential Non Wetland Waters of the US • r • ISIntermittent i. • "�e Perennial Potential Non-Wetland Waters of the U.S. ©. sue. ' Other Drainage Feature sgns Feature ID Length(LF) .. ea 1E Brads Branch 5,503 J^•r� Wetland Data Pont MT2 99 V Upland Data Point 40 r' t DE3 399 • Stream ID Form Location 'ft E" ' ,• W / DE7 967 305 3x .. �.. �` _ DES 80 ��� VVV .'EA *0 " Potential Wetland Waters of the U.S. / F�'� �n �.,,.IY }}YIt Feature ID Area(acres) REFERENCE / /L�. 1,�4 1 it"tpy" WA DDS 1)Hor zontal Datums NAO83 UTM Zone 1]N. // WC - 2)Map Projection is NAO_1983_StateRane_ y WB D.D6 Norlh Carol na RPS3288_Feet , - ,,,,,,fa _ WC 6.77 4 WD 0.02 WE 1.70 WF 0.35 `i'� WG 0.01 ,,o r .. ' WN 0.06 E 1til '-' V404 010 VI IIVAI 1 \ W I 0.21 *k# Features MT3,DE5,and DE6 are not subject W.1 0.12 *Mr �� '1(• 1 to this Jurisdictional Determination. WK 0.06 -----f-,----,---,- -...,..-_-_.„:„..„,-., res ,,..: _ ,,., . , . , ,.,,.....,,, ,..,,, .,..: . . . .. ,..,,„, _ ,,,,,,„„, , .- ..„ . . i' / • ,Fs ,... ,',r Sj i i / / % 6.-/ �//�/ em " y / i, i s / wE ,n- -. _ 1 x$, ..v r i : ', , % /_ ttt-t%, i ✓rttt / l�, .. v 1 n-lso feet r >- - a Potential i A. '� ` '� • #'�f. '\\\ Wetland or Non-Wetland Waters ,, 'ml� - ��'' of the U.S.Map -� Page 1 of4 , m. i at- �' .� 1 � ,i � Six Runs � "1/4,-,-. ^ "�,- �. ,;, B . � ,� - \ , Mitigation Project ��"x >.' v A` v V'i 'vA�. ` oampson County,North Carolina _ \ v \\ Oate:]12312821 Oiawn bY-HKH �� % s� \ \• - \ Revisions_NONE Checked by-MOD mP Q Study Area(35.8 ac) WA `, Q Parcels .;m. ' \ gm Potential Wetland Waters of the US !jam ' Potential Non Wetland Waters of the US —Intermittent Potential Non-Wetland Waters of the U.S. Perennial Feature ID Length(LF) f�—Other Drainage Feature Brads Branch 5,503 M Wetland Data Point MT2 99 0 Upland Data Point ,i DE2 399 • Stream ID Form Location MID DE3 298 DE4 967 DE7 305 DE8 80 Potential Wetland Waters of the U.S. Feature ID Area(acres) REFERENCE WA 0.08 10 Horizontal Datum is NA083 UTM Zone 17N. i WB 0.06 2MaC _nR iPA_189o_tateHa _ ,- WC 6.77 WD 0.02 WE 1.70 WF 0.35 r. ®` we o.01 OViw`A nl�i,�141 . ® ll W H 0.06 �opY.BILVei gilled.\ -vet ,. / WI 0.21 �t# Features MT3,DE5,and DE6 are not subject ♦'V w.I 0.12 to this Jurisdictional Determination. WK 0.06 ,.....;.. _ ,. „, „ ,... Pres ... .._... . C2 _.,.. . fq . , E bl� w /'i{IVI^1, o zs 150 7 ,: ". Feet 1 1m=lso feet - _1°1\ ,, Potential ( Wetland or Non-Wetland Waters s r iT �' �l r ` .. ._ Page 2 of 4 of the U.S.Map :.i4' • t 3.. Six Runs ®� Mitigation Project g t �� w1�t Ai'1,, ' fir.( yam pson County,North Carolina Iu 1 iJ®... WH Cf ,,+. :ar•. ., z t. un t t }(ryyyy 1� 1 Date:7/23/2021 Drawn by:HKH 1�•t� k�l'��"� P f �'�;�^^/� E 0 h � Os Revisions:NONE Checked by:MOD I tf � r � �, �� LIDS ,�J s/ ,lj .1,- �eoene if.titeri„�. WF 1:'. rl oStudy Area(358ac) ?1�f}��;' �q�f T� ^"`" _ Q Parcels 1' : T'sO' 9 1 ®Potential Wetland Waters of the US R l ).., ;1, �p Potential Non Wetland Waters of the US i '� 'µ .,1-'' Intermittent u._ g,.'' x Potential Non-Wetland Waters of the U.S. * E Perennial Other Drainage Feature ,j' �` Feature ID Length(LF) +'. Zf G -_ - V Wetland Data Point .t. -; .dS �� "i Brads Branch 5,503 f" °' s,t, MT2 99 r j V Upland Data Pont r DE2 399 • Stream ID Form Location - - _ DE3 298 t... ";''` DE4 967 -qa y,-`�.bj DE7 305 •� I, a '"iY�'' 9ab'"�(.`. {yt c w s. DES 80 t ;. . ��� t t , Potential Wetland Waters of the U.S. 1 l , "y o- K, ,,, • ; y K .fr„', Feature ID Area(acres) REFERENCE I � �u 4 a'^v`Vynr 'e I WA 0.08 1)Hor Horizontal Datum is NAD83ore zone 17N. M+ jy�W sO . ''f WB D.D6 2)Map Projection is NAO_1983_StateRane_ WC 6.77 ., Wy • hl+YOK,ip �4,� North Carol na RPS_3200_Feel w .s its` `.n.�v�j+r'`d` n op WD 0.02 WE 1.70 t $` '� t' [ r y• L . WF 0.35 r4 `R Y WG 0.01 ��di�� ���i� � , - • WH 0.06 ��I"WKS'via fl��r�t i WI 0.21 Features MT3,DE5,and DE6 are not subject W.1 0.12 Mar to this Jurisdictional Determination. ura p_x _ i!_I WK 0.06 j ores .1 /--------------------- w.. -E tzr''://, s 0 75 150 Feet • .; i - / 1 In-150 feet d K $ Potential Wetland or Non-Wetland Waters T -�- trr ® of the U.S.Map t `" Page 3 of 4 =i6 ►� Six Runs .` r �" �k` Q Mitigation Project l �h. _. a , iiL 1 / \``e n� yam pson County,North Carolina . .,;4:;";::: 55 ,F '4, - * ) 7 4- M A 1 a. M e e R' a ', } t .e'� Date:7/23/2021 Drawn by HKH err; '. �. a iP i is 1.td-- "`�-�� � 0.-iit 7 a �1 I+eT N ' it-. i W, i WI �.� '. w ^F -'1116 y �fj�",�y#y�' 9 Revisions:NONE Checked by:MOD • .y: Z�.. ... Le ene 55, K.A i Q Study Area(35.8 as) N - , - "/ Q Parcels 4 a I it.- gm Potential Wetland Waters of the US '''- -- -' Potential Non Wetland Waters of the US gym, , Intermittent Potential Non-Wetland Waters of the U.S. IF 1. tl' � ."- V Other Drainage Feature #� #-!.f Feature ID Length(LF) •_ Brads Branch 5,503 x Wetland Data Pont 4' - • Y r 4• MT2 99 V Upland Data Pont c }� DE2 399 • Stream ID Form Location a ! 'N5C. DE3 298 11 ! i r as i t ., '� '`'t �* DE4 967 {i1. i� y8 , y,, ,. DE7 305 Is ss = ..ti:a h w 3N? 80 Potential Wetland Waters of the U.S. Feature ID Area(acres) REFERENCE • WA D.DS 10 Horizontal Datum is NAD83UTM Zone 17N. W B 0.06 2)Map Projection is NA0_1983_StateRane_ Nodh_Carolina_R PS3200_Feet WC 6.77 dio : WD 0.02 WE 1.70 ik .i- v 5 WF 0.35 01 ��4,i ! riA4 13 .-.. , we o.01 �0Alli till;„�i� WH 0.06 DIY i�I�fl•�4r,„ i .//iii0e/.. .,, , f71. WI 0.21 ��#` Features MT3,DES,and DE6 are not subject WI 0.12 ♦!�� /X. to this Jurisdictional Determination. WK 0.06 s . ores ,.. . t t i T i r :a ni tit ss• m W d > �.r �. . Feet �' s f n .�,`, 6 .!,��) _ 1m=lso reef L l _ Potential - ,'� "t'f'' 'j ° N *cr Wetland oSrP tNahixeog neUR-W4u eontMfls a4an pd Waters Mitigation Project L. oil It yam pson County,North Carolina ... . .. $ . > Date 7/23/2021 Drawn byHKH =k7 4'' '. it. /' - '- --- c' � / .i. Revisions Challa:d by:MOD ii - r , . .._•_-__ - -) T- h •� • ue ene a (35.8 ac) _ ..,, - P®Pot e Potential Non aWet and Waters of the US �F Wetland Waters of the US 7. �.a+ - 1 k p h z.. ��tIntermttentl bu7 _ / {{{� WC 'T , -� ,,, 4+.. PotentialNon Wetland Watersofthe U.S. Perenn al " � ?' t Other Dra nage Feature 2,..: • 'w `._fr• ,� R�, °IZ *. - ,I' .g � Feature ID Length(LF) • • i *' Brads Branch 5,503 wetland Data Pont '''e'' ;t✓ 1 '' t t4r• MT2 99 d":1A //// 2 tax •r Upland Data Pont _k / t� r �?' � •� + tea•. 9ty` DEz 399 Stream ID Form Location c w ! )77 95 .. •• • . •1 Ira J b DE7 967 305 ar c �}� 4;4-A4441.-'i"-Ot-4".'4,.E 3 1, 4 '. ♦ , .. • 5: DES80 tw4 p ,,n ,w' �'"Y ''t � f -yc ' Potential Wetland Waters of the U.S. 4 � ;, `i r #•,.�;F` 1 fee" k '�' �'Sn Feature ID Area(acres) REFERENCE , �+' t _, �K �.� T WA 0.08 1)Hor zomal DR is NAos3uTM zone l�N. - P 2 Map Prolecron is NAO_1983_StateRane_"s '. h.._ '' 7r r :e : W B 0.06 ) L �wy A .. T i Norlh Carol na RPS32NN_Feet .re t,` b f 1a WC 6.77 wD o.oz g ±1'v+'C. ,x-.,'fA ...�4 WE 1.70 1 ,*•4-an y..- s y l - WF 0.35 We 0.01IL ��,"�i. ��I�i„Pi��, Oelkio.kliRevAil '3 ' so.. •-• -i tiai - .r- :1 moist lib ., _ a `y� _ WI 0.21 ` Features MT3,DE5,and DE6 are not subject wf o.1z ♦'�'� ? _ to this Jurisdictional Determination. WK 0.06 OMBIL Regulatory Module (ORM) • Revised Aquatic Resources • Impacts Waters_Name I I Cowardin_Code I HGM_Code I Meas_Type I Amount I Units I Waters_Type I Latitude I Longitude I Local_Waterway Brad's Branch NORTH CAROLINA R3 Linear 5469 FOOT PJD404 35.09883600 -78.23029000 Six Runs Creek MT2 NORTH CAROLINA R4 Linear 110 FOOT PJD404 35.09891800 -78.23009700 Six Runs Creek DE2 NORTH CAROLINA R4 Linear 365 FOOT PJD404 35.09655500 -78.23291900 Six Runs Creek DE3 NORTH CAROLINA R4 Linear 128 FOOT PJD404 35.09624500 -78.23403100 Six Runs Creek DE4 NORTH CAROLINA R3 Linear 1016 FOOT PJD404 35.09664300 -78.23700300 Six Runs Creek DE7 NORTH CAROLINA R4 Linear 251 FOOT PJD404 35.09511300 -78.23091700 Six Runs Creek DE8 NORTH CAROLINA R4 Linear 61 FOOT PJD404 35.09597100 -78.23456500 Six Runs Creek WA NORTH CAROLINA PFO Area 0.081 ACRE PJD404 35.09835700 -78.23086700 Six Runs Creek WB NORTH CAROLINA PFO Area 0.057 ACRE PJD404 35.09766300 -78.23032000 Six Runs Creek WC NORTH CAROLINA PEM Area 6.802 ACRE PJD404 35.09226600 -78.24117400 Six Runs Creek WD NORTH CAROLINA PEM Area 0.016 ACRE PJD404 35.09389500 -78.23808300 Six Runs Creek WE NORTH CAROLINA PFO Area 1.616 ACRE PJD404 35.09608500 -78.23685500 Six Runs Creek WF NORTH CAROLINA PFO Area 0.346 ACRE PJD404 35.09550800 -78.23501100 Six Runs Creek WG NORTH CAROLINA PFO Area 0.002 ACRE PJD404 35.09607400 -78.23454400 Six Runs Creek WH NORTH CAROLINA PFO Area 0.057 ACRE PJD404 35.09586200 -78.23414800 Six Runs Creek WI NORTH CAROLINA PFO Area 0.204 ACRE PJD404 35.09544600 -78.23452100 Six Runs Creek WJ NORTH CAROLINA PFO Area 0.123 ACRE PJD404 35.09555500 -78.23319200 Six Runs Creek WK NORTH CAROLINA PFO Area 0.034 ACRE PJD404 35.09552300 -78.23110100 Six Runs Creek Activity Resource �I _ I l nitially_Proposed_ I I nitially_Proposed_ I nitially_Proposed_ IProposed_L Proposed_ Proposed_I Authorized_ I Authorized_ Authorized Amount Units Length Width Amount ength Width Amount Length Width Amount — Debits Notes S1 Ecological restoration River/Stream NO Temporary Fill Area 1218 7.15 S2 Ecological restoration River/Stream YES Permanent Fill Area 4221 11 DE7 S3 Ecological restoration River/Stream YES Permanent Fill Area 251 3.2 DE2 S4 Ecological restoration River/Stream YES Permanent Fill Area 134 2.8 DE8 S5 Ecological restoration River/Stream YES Permanent Fill Area 61 5.5 S7 Ecological restoration River/Stream YES Permanent Fill Area 30 S7 Ecological restoration River/Stream YES Permanent Fill Area 685 8.25 S8 Ecological restoration River/Stream YES Permanent Fill Area 30 WA W1 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.055 WB W2 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.057 WK W3 Ecological restoration Non -Tidal Wetland YES Permanent Fill Area Acres 0.000031 WK W4 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.034 WJ W5 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.123 WH W6 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.057 WI W7 Ecological restoration Non -Tidal Wetland YES Permanent Fill Area Acres 0.007 WI W8 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.198 WG W9 Ecological restoration Non -Tidal Wetland YES Permanent Fill Area Acres 0.015 WF W10 Ecological restoration Non -Tidal Wetland YES Permanent Fill Area Acres 0.047 WF W11 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.299 WE W12 Ecological restoration Non -Tidal Wetland YES Permanent Fill Area Acres 0.095 WE W13 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.746 WD W14 Ecological restoration Non -Tidal Wetland YES Permanent Fill Area Acres 0.006 WD W15 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 0.01 WC W16 Ecological restoration Non -Tidal Wetland YES Permanent Fill Area Acres 0.243 WC W17 Ecological restoration Non -Tidal Wetland NO Temporary Fill Area Acres 1.797 Categorical Exclusion • Signed Categorical Exclusion o Agency Correspondence Appendix A Categorical Exclusion Form for Division of Mitigation Services Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part Project Name: 1: General Project Information Six Runs Stream and Wetland Mitigation Project County Name: Sampson DMS Number: 100170 Project Sponsor: Environmental Banc & Exchange, LLC Project Contact Name: Katie Webber Project Contact Address: 3600 Glenwood Avenue, Suite 100, Raleigh, NC 27612 Project Contact E-mail: kwebber@res.us DMS Project Mana • er: Lindsay Crocker Project Description The Six Runs Project encompasses 29.75 acres proposed conservation easement on two parcels in Sampson County, North Carolina. The Project will involve the restoration and enhancement of unnamed tributaries of Six Runs Creek as well as the restoration and enhancement of riparian wetlands. The Project will restore and enhance up to 7,713 linear feet of stream and restore and enhance up to 12 acres of riparian wetlands in the Cape Fear River Basin. For Official Use Only Reviewed By: 3-5-2021 Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: 3 -8-21 Z76-itald G9. .3 - Date For Division Administrator FHWA Part 2: All Projects Regulation/Question Response Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county? ❑ Yes • No 2. Does the project involve ground -disturbing activities within a CAMA Area of Environmental Concern (AEC)? ❑ Yes ❑ No • N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No • N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management Program? ❑ Yes ❑ No • N/A Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1. Is this a "full -delivery" project? • Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been designated as commercial or industrial? • Yes ❑ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes • No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes ❑ No • N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous waste sites within the project area? ❑ Yes ❑ No • N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No • N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of Historic Places in the project area? ❑ Yes • No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No • N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No • N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) 1. Is this a "full -delivery" project? • Yes ❑ No 2. Does the project require the acquisition of real estate? • Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes • No ❑ N/A 4. Has the owner of the property been informed: * prior to making an offer that the agency does not have condemnation authority; and * what the fair market value is believed to be? • Yes ❑ No ❑ N/A Part 3: Ground -Disturbing Activities Regulation/Question Response American Indian Religious Freedom Act (AIRFA) 1. Is the project located in a county claimed as "territory" by the Eastern Band of Cherokee Indians? ❑ Yes • No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No • N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic Places? ❑ Yes ❑ No • N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No • N/A Antiquities Act (AA) 1. Is the project located on Federal lands? ❑ Yes • No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects of antiquity? ❑ Yes ❑ No • N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No • N/A 4. Has a permit been obtained? ❑ Yes ❑ No • N/A Archaeological Resources Protection Act (ARPA) 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes • No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No • N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No • N/A 4. Has a permit been obtained? ❑ Yes ❑ No • N/A Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat listed for the county? • Yes ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes • No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical Habitat? ❑ Yes ❑ No • N/A 4. Is the project "likely to adversely affect" the specie and/or "likely to adversely modify" Designated Critical Habitat? ❑ Yes ❑ No • N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No • N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No • N/A Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as "territory" by the EBCI? ❑ Yes • No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed project? ❑ Yes ❑ No • N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred sites? ❑ Yes ❑ No • N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? • Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally important farmland? • Yes ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? • Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any water body? • Yes ❑ No 2. Have the USFWS and the NCWRC been consulted? • Yes ❑ No ❑ N/A Land and Water Conservation Fund Act (Section 6(fl) 1. Will the project require the conversion of such property to a use other than public, outdoor recreation? ❑ Yes • No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No • N/A Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish Habitat) 1. Is the project located in an estuarine system? ❑ Yes • No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No • N/A 3. Is sufficient design information available to make a determination of the effect of the project on EFH? ❑ Yes ❑ No • N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No • N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No • N/A Migratory Bird Treaty Act (MBTA) 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes • No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No • N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes • No 2. Has a special use permit and/or easement been obtained from the maintaining federal agency? ❑ Yes ❑ No • N/A USDA FORM AD-1006 USDA United States Department of Agriculture Natural Resources Conservation Service North Carolina State Office 4407 Bland Rd. Suite 117 Raleigh North Carolina 27609 Voice (704) 680-3541 Fax (844) 325-2156 March 1, 2021 Jeremy Schmid Senior Ecologist RES 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Dear Mr. Schmid; The following information is in response to your request soliciting comments regarding the Proposed Six Runs Mitigation Project in Sampson County, NC. Projects are subject to Farmland Protection Policy Act (FPPA) requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forest land, pastureland, cropland, or other land, but not water or urban built-up land. Farmland means prime or unique farmlands as defined in section 1540(c)(1) of the Act or farmland that is determined by the appropriate state or unit of local government agency or agencies with concurrence of the Secretary to be farmland of statewide of local importance. "Farmland" does not include land already in or committed to urban development or water storage. Farmland "already in" urban development or water storage includes all such land with a density of 30 structures per 40-acre area. Farmland already in urban development also includes lands identified as "urbanized area" (UA) on the Census Bureau Map, or as urban area mapped with a "tint overprint" on the USGS topographical maps, or as "urban - built -up" on the USDA Important Farmland Maps. See over for more information. The area in question includes land classified as Prime Farmland. In accordance with the Code of Federal Regulations 7CFR 658, Farmland Protection Policy Act, the AD-1006 was initiated. NRCS Completed Parts II, IV, V of the form and returned for completion by the requesting agency. If you have any questions, please feel free to call me at (704) 680-3541 office or (704) 754- 6734 cell. Sincerely, Kristin L May Acting State Soil Scientist cc: Gavin Thompson, supervisory soil conservationist, NRCS, Clinton, NC The Natural Resources Conservation Service is an agency of the Department of Agriculture's Farm Production and Conservation (FPAC). An Equal Opportunity Provider, Employer, and Lender U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 11/16/2020 Name of ProjectSix Runs Federal Agency Involved Federal Highway Admin (FHWA) Proposed Land Use Conservation Easement County and State Sampson County, NC PART II (To be completed by NRCS) Date ue Re st Received By NRCS 2/4/2021 Person C pleting Form: Kristin May Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES i NO Acres Irrigated None Average Farm Size 314 Major Crop(s) Corn Farmable Land In Govt. Jurisdiction Acres: 85.87 % 520459 ac. Amount of Farmland As Defined in FPPA Acres: 85.87 % 520459 ac. Name of Land Evaluation System Used Sampson Co. LESA Name of State or Local Site Assessment System NA Date Land Evaluation Returned by NRCS 3/1/2021 PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C Site D A. Total Acres To Be Converted Directly 29.75 B. Total Acres To Be Converted Indirectly 0 C. Total Acres In Site 29.75 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 3.7 B. Total Acres Statewide Important or Local Important Farmland 5.1 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0017 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 85.60 PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted (Scale of 0 to 100 Points) 19 PART VI (To be completed by Federal Agency) Site Assessment Criteria (Criteria are explained in 7 CFR 658.5 b. For Corridor project use form NRCS-CPA-106) Maximum Points Site A Site B Site C Site D 1. Area In Non -urban Use (15) 15 2. Perimeter In Non -urban Use (10) 10 3. Percent Of Site Being Farmed (20) 18 4. Protection Provided By State and Local Government (20) 0 5. Distance From Urban Built-up Area (15) 15 6. Distance To Urban Support Services (15) 5 7. Size Of Present Farm Unit Compared To Average (10) 4 8. Creation Of Non-farmable Farmland (10) 0 9. Availability Of Farm Support Services (5) 5 10. On -Farm Investments (20) 10 11. Effects Of Conversion On Farm Support Services (10) 0 12. Compatibility With Existing Agricultural Use (10) 0 TOTAL SITE ASSESSMENT POINTS 160 82 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 19 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 82 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 101 0 0 0 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES❑ NO ❑ Reason For Selection: Name of Federal agency representative completing this form: Date: (See Instructions on reverse side) Form AD-1006 (03-02) STEPS IN THE PROCESSING THE FARMLAND AND CONVERSION IMPACT RATING FORM Step 1 - Federal agencies (or Federally funded projects) involved in proposed projects that may convert farmland, as defined in the Farmland Protection Policy Act (FPPA) to nonagricultural uses, will initially complete Parts I and III of the form. For Corridor type projects, the Federal agency shall use form NRCS-CPA-106 in place of form AD-1006. The Land Evaluation and Site Assessment (LESA) process may also be accessed by visiting the FPPA website, http://fppa.nrcs.usda.gov/lesa/. Step 2 - Originator (Federal Agency) will send one original copy of the form together with appropriate scaled maps indicating location(s)of project site(s), to the Natural Resources Conservation Service (NRCS) local Field Office or USDA Service Center and retain a copy for their files. (NRCS has offices in most counties in the U.S. The USDA Office Information Locator may be found at http://offices.usda.gov/scripts/ndISAPI.dll/oip_public/USA map, or the offices can usually be found in the Phone Book under U.S. Government, Department of Agriculture. A list of field offices is available from the NRCS State Conservationist and State Office in each State.) Step 3 - NRCS will, within 10 working days after receipt of the completed form, make a determination as to whether the site(s) of the proposed project contains prime, unique, statewide or local important farmland. (When a site visit or land evaluation system design is needed, NRCS will respond within 30 working days. Step 4 - For sites where farmland covered by the FPPA will be converted by the proposed project, NRCS will complete Parts II, IV and V of the form. Step 5 - NRCS will return the original copy of the form to the Federal agency involved in the project, and retain a file copy for NRCS records. Step 6 - The Federal agency involved in the proposed project will complete Parts VI and VII of the form and return the form with the final selected site to the servicing NRCS office. Step 7 - The Federal agency providing financial or technical assistance to the proposed project will make a determination as to whether the proposed conversion is consistent with the FPPA. INSTRUCTIONS FOR COMPLETING THE FARMLAND CONVERSION IMPACT RATING FORM (For Federal Agency) Part I: When completing the "County and State" questions, list all the local governments that are responsible for local land use controls where site(s) are to be evaluated. Part III: When completing item B (Total Acres To Be Converted Indirectly), include the following: 1. Acres not being directly converted but that would no longer be capable of being farmed after the conversion, because the conversion would restrict access to them or other major change in the ability to use the land for agriculture. 2. Acres planned to receive services from an infrastructure project as indicated in the project justification (e.g. highways, utilities planned build out capacity) that will cause a direct conversion. Part VI: Do not complete Part VI using the standard format if a State or Local site assessment is used. With local and NRCS assistance, use the local Land Evaluation and Site Assessment (LESA). 1. Assign the maximum points for each site assessment criterion as shown in § 658.5(b) of CFR. In cases of corridor -type project such as transportation, power line and flood control, criteria #5 and #6 will not apply and will, be weighted zero, however, criterion #8 will be weighed a maximum of 25 points and criterion #11 a maximum of 25 points. 2. Federal agencies may assign relative weights among the 12 site assessment criteria other than those shown on the FPPA rule after submitting individual agency FPPA policy for review and comment to NRCS. In all cases where other weights are assigned, relative adjustments must be made to maintain the maximum total points at 160. For project sites where the total points equal or exceed 160, consider alternative actions, as appropriate, that could reduce adverse impacts (e.g. Alternative Sites, Modifications or Mitigation). Part VII: In computing the "Total Site Assessment Points" where a State or local site assessment is used and the total maximum number of points is other than 160, convert the site assessment points to a base of 160. Example: if the Site Assessment maximum is 200 points, and the alternative Site "A" is rated 180 points: Total points assigned Site A 180 X 160 = 144 points for Site A Maximum points possible = 200 For assistance in completing this form or FPPA process, contact the local NRCS Field Office or USDA Service Center. NRCS employees, consult the FPPA Manual and/or policy for additional instructions to complete the AD-1006 form. CORRESPONDENCE United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 12-21-2020 Self -Certification Letter Project NameSix Runs Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: El El El El "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Species Conclusions Table Project Name: Six Runs Date: 12-21-2020 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red -cockaded Woodpecker Picoides borealis No suitable habitat present No Effect There are only a few pine trees present on the property and lacks foraging habitat due to cattle pasture Wood Stork Mycteria americana No suitable habitat present No Effect None observed on two separate site visits over a period of one hour each visit. No rookery areas observed. American Alligator Alligator mississippiensis No suitable habitat present No Effect Pondberry Lindera melissifolia No suitable habitat present No Effect Site stressors include ditching and land use conversion to pasture / heavy livestock pressure throughout pasture and wooded areas. Critical Habitat No critical habitat present No Effect Bald eagle unlikely to disturb nesting bald eagles No Eagle Act Permit Required No large water bodies within a mile of the project Acknowledgement: 1 agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Jeremy Schmid, Senior Ecologist Signature /Title 12/21/2020 Date United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2021-SLI-0248 Event Code: 04EN2000-2021-E-00521 Project Name: Six Runs November 17, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 11/17/2020 Event Code: 04EN2000-2021-E-00521 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 11/17/2020 Event Code: 04EN2000-2021-E-00521 3 Attachment(s): • Official Species List 11/17/2020 Event Code: 04EN2000-2021-E-00521 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/17/2020 Event Code: 04EN2000-2021-E-00521 2 Project Summary Consultation Code: 04EN2000-2021-SLI-0248 Event Code: 04EN2000-2021-E-00521 Project Name: Six Runs Project Type: STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description: Stream and wetland mitigation site contracted by NCDMS Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.09575455494985N78.2326535615814W Counties: Sampson, NC 11/17/2020 Event Code: 04EN2000-2021-E-00521 3 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8477 Reptiles Threatened NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) 11/17/2020 Event Code: 04EN2000-2021-E-00521 4 Flowering Plants NAM L STATUS Pondberry Lindera melissifolia Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1279 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. • ■■■ �� � NC DEPARTMENT OF ■ ■m■■ NATURAL AND CULTURAL RESOURCES • ■■■ Matthew DeAngelo Resource Environmental Solutions, LLC 302 Jefferson Street Raleigh, NC 27607 RE: Six Runs Dear Matthew DeAngelo: Roy Cooper. Governor Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship February 24, 2020 NCNHDE-11457 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Six Runs February 24, 2020 NCNHDE-11457 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific NameCommon Name Group i A Last — servation Dat Element Accuracy Occurrence Rank Federal Status State Global State tatus Rank Rank Amphibian 24288 Hyla andersonii Dragonfly or Damselfly Dragonfly or Damselfly Vascular Plant 33771 33781 7039 Somatochlora georgiana Stylurus ivae Sagittaria weatherbiana Pine Barrens Treefrog Coppery Emerald Shining Clubtail Grassleaf Arrowhead 1968-05-26 2004-Pre 2004-Pre 1957-05-05 No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name US Fish and Wildlife Service Easement US Fish and Wildlife Service Easement US Fish and Wildlife Service Easement US Fish and Wildlife Service US Fish and Wildlife Service US Fish and Wildlife Service H 5-Very Low H? 5-Very Low H? 5-Very Low H 3-Medium Owner Type Federal Federal Federal Significantly G4 S3 Rare Significantly G3G4 S2? Rare Significantly G4 S2S3 Rare Endangered G5T3T S2 4 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/content/help. Data query generated on February 24, 2020; source: NCNHP, Q1 Jan 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-11457: Six Runs 167 It +E S Hargrove Crossroad February 24, 2020 ▪ Project Boundary ▪ Buffered Project Boundary Managed Area (MAREA) 1:24,385 0 0.2 0.4 0.8 mi i ti ti 1 1 1 5 0 0.325 0.65 1.3 km Sources' Esri, HERE, Garmia, Intermap, increment P Corp_, GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 fires December 21, 2020 Renee Gledhill -Earley North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh NC 27699-4617 Subject: Project Scoping for Six Runs Mitigation Project in Sampson County Dear Ms. Gledhill -Earley, 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 Resource Environmental Solutions, LLC (RES) is contracted by the North Carolina Division of Mitigation Services (NCDMS) to conduct stream and riparian wetland mitigation activities for the Six Runs Project to provide compensatory mitigation for unavoidable stream and riparian wetland impacts. The proposed project presents an opportunity to restore and enhance up to 8,293 linear feet of stream and restore and enhance up to 12 acres of riparian wetland in the Cape Fear River Basin. RES requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential stream and riparian wetland mitigation project on the Six Runs Site. Coordinates for the site are as follows: 35.093301 N,-78.238684 W. A USGS site map with approximate limits of conservation easement is attached. A review of the N.C. State Historic Preservation Office (SHPO) HPOWEB GIS Service database (http://gis.ncdcr.gov/hpoweb/; accessed November 13, 2020) was performed as part of the site due diligence evaluation to reveal any listed or potential eligible historic or archeological resources.The database did not reveal any listed or potentially eligible historic or archeological resources on the proposed properties or within a 0.5-mile radius of the project area. Land use around the project is pasture, residential land, and bottomland hardwood forest. We ask that you review this site based on the attached information to determine the presence of any historic properties and provide a comment response of your findings. We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address in the letterhead, or via email at jschmid@res.us. Please feel free to contact me with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Jeremy Schmid Senior Ecologist Attachments: Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), Aerial Map (Figure 3), Conceptual Plan Map (Figure 4) res.us North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson January 25, 2021 Jeremy Schmid, PWS Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 jschmid@res.us Re: Six Runs Mitigation Project, restore 12 acres of riparian wetland, 35.093301, -78.238684, Sampson County, ER 21-0132 Dear Mr. Schmid: Thank you for your letter of December 21, 2020, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy V State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 fires December 21, 2020 Gabriela Garrison Eastern Piedmont Coordinator North Carolina Wildlife Resources Commission Sandhills Depot PO Box 149 Hoffman, NC 28347 Subject: Project Scoping for Six Runs Mitigation Project in Sampson County Dear Ms. Garrison, 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 The purpose of this letter is to request your review and comment on any possible issues that might emerge with respect to your office's purview for fish and wildlife associated with a potential stream and riparian wetland restoration project on the attached site (USGS site map with approximate property lines and areas of potential ground disturbance are enclosed). The Six Runs Project has been identified by Resource Environmental Solutions, LLC (RES) to provide compensatory mitigation for unavoidable stream and riparian buffer impacts. The proposed project presents the opportunity to restore/enhance up to 8,293 linear feet of stream and restore and preserve up to 12 acres of riparian wetland in the Cape Fear River Basin. Coordinates for the site are: 35.093301, -78.238684. The Project watershed is primarily a mix of row crops, pastureland, and forest and has historically been so since before the 1940s. We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address in the letterhead, or via email to jschmid@res.us. Please feel free to contact me with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Jeremy Schmid Senior Ecologist Attachments: Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), Aerial Map (Figure 3), Conceptual Plan Map (Figure 4) res.us NORTH CAROLINA WILDLIFE RESOURCES COMMISSION Cameron Ingram, Executive Director January 4, 2021 Mr. Jeremy Schmid Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Subject: Request for Environmental Information for Six Runs Mitigation Project, Sampson County, North Carolina. Dear Mr. Schmid, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the proposed project description. Comments are provided in accordance with certain provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Resource Environmental Solutions, LLC has developed the Six Runs Mitigation Project. The project will restore up to 8,293 linear feet of stream and preserve up to 12 acres of riparian wetland. The project watershed has been a mix of row crops, pastureland and forest since the 1940s. The project area is located at the intersection of Faison Highway and East Darden Road, northeast of Clinton. The project area drains to Six Runs Creek in the Cape Fear River basin. Stream restoration projects often improve water quality and aquatic habitat. Establishing native, forested buffers in riparian areas will improve both aquatic and terrestrial habitats and provide a travel corridor for wildlife species. In addition to stringent best management practices for erosion and sediment control during construction, the NCWRC recommends the use of biodegradable and wildlife -friendly sediment and erosion control devices. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills. Any invasive plant species found onsite should be removed and destroyed. Thank you for the opportunity to review and comment on this project. If I can be of further assistance, please contact me at (910) 409-7350 or gabriela.garrison(&,,ncwildlife.org. Mailing Address: N.C. Wildlife Resources Commission • 1701 Mail Service Center • Raleigh, NC 27699-1701 Telephone: (919) 707-0010 • ncwildlife.org Page 2 January 4,2021 Scoping— Six Runs Mitigation Proj ect Sincerely, Gabri ela Garri son Eastern Piedmont Habitat Conservation Coordinator Habitat Conservation Program