20211425 Ver 1_ePCN Application_20230609

DWR
Division of Water Resources
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?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
6/17/2021
BIMS # Assigned *
Version# *
20211425
1
Is a payment required for this project?*
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Central Office - [phone]
Maria Poliui:Maria. Poliui
Information for Initial Review
la. Name of project:
Twin Burros Mitigation Site
1a. Who is the Primary Contact?*
Jesse Phillips
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
6/9/2023
Nearest Body of Water
Hughes Mill Creek
Basin
Cape Fear
Water Classification
WS-ll, HQW, NSW
Site Coordinates
Latitude:
Longitude:
36.251000
-79.320856
A. Processing Information O
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Caswell
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying forthe permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Jesus Bosquez Martinez and Maria T. Martinez
2b. Deed book and page no.:
DB: 553 Pg: 942, DB: 564 Pg: 587
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d.Address
Street Address
192 Shaniqua Lane
Address Line 2
City
State / Province / Region
Burlington
NC
Postal / Zip Code
Country
27217
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
s a n d ra m [e-mail]
2a. Name(s) on recorded deed:
Neil and Michelle Olson
2b. Deed book and page no.:
DB:645 Pg:1427
2c. Contact Person:
2d. Address
Street Address
452 Ross Acres Rd 1
Address Line 2
city
Burlington
Postal / Zip Code
27217
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jesse Phillips
3b. Business Name:
Wildlands Engineering
3c.Address
Street Address
312 W. Millbrook Rd
Address Line 2
Ste. 225
city
Raleigh
Postal / Zip Code
27609
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Proiect Information and Prior Proiect History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Burlington
2. Project Identification
2a. Property Identification Number:
0090.00.00.0174.0000,
0090.00.00.0013.0000, 0090.00.00.0182.0000
2f. Fax Number:
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
3e. Fax Number:
2b. Property size:
33.9 (conservation easement)

2c. Project Address
Street Address
192 Shaniqua Lane
Address Line 2
City State / Province / Region
Burlington NC
Postal / Zip Code Country
27217 US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hughes Mill Creek
3b. Water Resources Classification of nearest receiving water:
WS-ll, HOW, NSW
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.
030300020402
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: "
The project area is located in a rural watershed in Caswell County, NC. Land use in and immediately adjacent to the project area consists of cattle pasture, forested, and low density rural
residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
1.206
4g. List the total estimated linear feet of all existing streams on the property:
8527
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide stream and wetland mitigation credits in the Cape Fear 03030002 service area. Mitigation practices include stream restoration, stream
enhancement II, wetland re-establishment, wetland rehabilitation, and wetland enhancement.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
Stream restoration will involve excavation of a new channel that is designed to be functional and stable. Stream dimensions, pattern, and profile have been designed to allow frequent
overbank flows, a stable bed with variable bedforms using in stream structures, well vegetated banks, and improvements to aquatic habitat. Enhancement II is primarily excluding cattle,
planting riparian vegetation, and treating invasive vegetation. Wetland re-establishment, rehabilitation, and enhancement, will be achieved through combinations of Priority 1 stream
restoration, excluding cattle, and planting native riparian buffers. Excavators and bulldozers will be used for channel excavation, bank grading, and floodplain grading. Articulated off -road
trucks and track trucks will be used for hauling soil.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
USACE provided email concurrence of delineated aquatic resources but a formal PJD was not
issued.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-01308
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Charlie Neaves
Agency/Consultant Company: Wildlands Engineering
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
IRT Site visit: 8/4/2021 (included representatives of USACE and DWR)
USACE delineation concurrence via email: 7/11/2022
6. Future Project Plans

6a. Is this a phased project?"
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
I
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
2g• Impact
?)
area
W1
Channel Relocation
P
Headwater Forest
Wetland M
Yes
Both
0.003
(acres)
W2
Floodplain Grading
T
Headwater Forest
Wetland M
Yes
Both
0.002
(acres)
W3
Permanent Culvert
P
Headwater Forest
Wetland L
Yes
Both
0.012
Crossing
(acres)
W4
Channel Relocation
P
Headwater Forest
Wetland C
Yes
Both
0.002
(acres)
W5
Floodplain Grading
T
Headwater Forest
Wetland C
Yes
Both
0.009
(acres)
W6
Channel Relocation
P
Headwater Forest
Wetland D
No
Both
0.017
(acres)
W7
Floodplain grading
T
Headwater Forest
Wetland D
No
Both
0.017
(acres)
W8
Channel Relocation 1P
Headwater Forest
Wetland E
Yes
Both
0.005
(acres)
W9
Floodplain Grading
T
Headwater Forest
Wetland E
Yes
Both
0.010
acres)
2g. Total Temporary Wetland Impact
0.038
2g. Total Wetland Impact
0.077
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.039
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact"
3d. S. name*
3e. Stream Type*
Type of3h.
Impact
Mrisdiction*
L3f.
length*
S1
Channel Relocation
Permanent
Fill
Jesus Creek
Perennial
Both
14
3,315
Averege (feet)
(linear feet)
S2
Permanent Culvert Crossing
Permanent
Culvert
Jesus Creek
Perennial
Both
14
52
Average (feet)
(linear feet)
S3
Permanent Culvert Crossing
Permanent
Culvert
Jesus Creek
Perennial
Both
14
47
Averege (feet)
(linear feet)
S4
Channel Relocation
Permanent
Fill
Perro Creek
Intermittent
Both
84
Average (feet)
(linear feet)
S5
Channel Relocation
Permanent
Fill
Burro Creek
Intermittent
Both
44
Averege (feet)
(linear feet)
S6
Channel Relocation
Permanent
Fill
Pinto Creek
Intermittent
Both
185
Averege (feet)
(linear feet)
S7
Channel Relocation
Permanent
Fill
JR Creek
Intermittent
Both
3
46
Avere9e(feeq
(iinearfeet)

gg
Channel Relocation
Permanent
Fill
Panchito Creek
Perennial
Both
�
994
Average (feet)
(linear feet)
S9
Permanent Culvert Crossing
Permanent
Culvert
Panchito Creek
Perennial
Both
43
Averege (feet)
(linear feet)
S10
Channel Relocation
Permanent
Fill
Martinez Creek
Intermittent
Both
113
Averege (feet)
(linear feet)
S11
Channel Relocation
Permanent
Fill
Maria Creek
Perennial
Both
7
2,380
Average (feet)
(linear feet)
S12
Channel Relocation
Permanent
Fill
Caballo Creek
Intermittent
Both
33
Averege (feet)
(linear feet)
S13
Channel Relocation
Permanent
—]
Fill
Polio Creek
Intermittent
Both
100
Average (feet)
(linear feet)
S14
Channel Relocation
Permanent
Fill
Gallo Creek
Perennial
Both
729
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
8,165
3i. Total stream and ditch impacts:
2475
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Mitigation activities will impact project channels and wetlands during construction; however, these impacts are designed to have an overall long-term
positive effect on aquatic resources. Natural channel design techniques will be used to restore and enhance stream function and habitat. Stream
alignments were designed to avoid impacts to existing, well -functioning resources as much as possible. Unavoidable impacts to wetlands are due to
floodplain grading, conversion of wetland to stream channel, and one permanent culvert installation.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stream restoration will involve construction of offline channel sections which will minimize sedimentation to aquatic systems during construction. Newly
constructed channel banks will be stabilized using biodegradable coir fiber matting and seeded and planted with native riparian vegetation. Temporary
crossings will be minimized. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Compensatory mitigation is not required for aquatic habitat restoration that results in a net improvement in resource function.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?'�
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Q
Yes No

Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
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 is a stream and wetland mitigation project and will not cause an increase in development nor will it negatively impact downstream water quality. The
project area will be protected in perpetuity from future development through a conservation easement.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?"
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?"
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPaC and NHP databases were reviewed for Threatened and Endangered Species and Critical Habitat. USFWS responded to the public notice for this
project indicating it appears "not likely to adversely affect federally listed species or their critical habitat." This correspondence is appended to the
mitigation plan.
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 was used to determine if the project would impact Essential Fish Habitat.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)

7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? "
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
Wildlands contacted NCSHPO regarding this project and NCSHPO replied they "are aware of no historic resources which would be affected by the
project:' This correspondence is appended to the mitigation plan.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination? "`
FIRM Panel 3710990100J Effective 9/2007. Wildlands is coordinating with Caswell County on any local permitting requirements. It is not expected that
any FEMA modeling or a Flood study will be required. A small portion of the Maria Creek valley is within a regulated flood zone. No work is proposed
within this area.
Miscellaneous
n
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
Twin Burros PCN Appendix.pdf 7.58MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Charlie Neaves
Signature
Date
6/9/2023
O