20201989 Ver 1_ePCN Application_20230619

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:
5/14/2021
BIMS # Assigned *
Version# *
20201989
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:
East Mingo Mitigation Site
1a. Who is the Primary Contact?*
Angela Allen
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
6/19/2023
Nearest Body of Water
East Mingo Creek
Basin
Cape Fear
Water Classification
C, Sw
Site Coordinates
Latitude:
Longitude:
35.398808
-78.572797
A. Processing Information O
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
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:
Nationwide Permit (NWP) Number:
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
27 - Restoration
14 - Linear transportation
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:
Monica Royals & Brent Royals
2b. Deed book and page no.:
524/371, 3560/761, 1156/102
2c. Contact Person:
2d.Address
Street Address
1455 Benson Hardee Road
Address Line 2
city
Benson
Postal / Zip Code
27504
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Thomas F. Leerkes, & Denise W. Leerkes
2b. Deed book and page no.:
5523/87, 6133/998
2c. Contact Person:
2d. Address
Street Address
781 Banner Elk Road
Address Line 2
city
Benson
Postal / Zip Code
27504
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Angela Allen
3b. Business Name:
Wildlands Engineering
3c.Address
Street Address
312 W. Millbrook Road
Address Line 2
Suite 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:
Benson
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
2a. Property Identification Number:
01 E09004B, 01 E09003, 01 E08027C, 2b. Property size:
01 E08054C, 01 E08054D 45.89 (conservation easement)

2c. Project Address
Street Address
219 Lassie Lane
Address Line 2
City
Benson
Postal / Zip Code
27504
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
East Mingo 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.
030300060103
4. Project Description and History
State / Province / Region
NC
Country
USA
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 Johnston County, NC. Land use in and immediately adjacent to the project area consists of cattle pasture, forested areas, 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:
19.066
4g. List the total estimated linear feet of all existing streams on the property:
10,032
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 03030006 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, plugging drainages, 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:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-02093
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Charlie Neaves
Agency/Consultant Company: Wildlands
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USAGE Site visit: 7/6/2022
USAGE delineation concurrence via email: 7/11/2022
USAGE provided email concurrence of delineated aquatic resources, but a formal PJD was not issued. Additionally, a separate AJD was requested for an open water/pond feature
excavated in uplands and offline from West Fork East Mingo Creek. This feature is outside the limits of disturbance and an AJD is no longer needed.
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?
Wetland impacts W13, W14, W22, and W28 are not authorizable under NWP 27 and are proposed to be permitted under NWP 14. All remaining impacts are proposed under NWP 27. No
other permits are intended to be used to authorize the project.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason(?)
2b. Impact type*(?)]2c.TypeofW.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
2g. Impact
area
W1
Channel Relocation
P
Fttomland Hardwood Forest
Wetland D
Yes
Both
0.023
(acres)
W2
Fill old channel,
T
Fttomland Hardwood Forest
Wetland D
Yes
Both
0.018
floodplain grading
(acres)
W3
Fill old channel,
T
Bottomland Hardwood Forest
Wetland B
Yes
Both
0.015
floodplain grading
(acres)
W4
Channel relocation
P
Flt-mland Hardwood Forest
Wetland C
Yes
Both
0.170
(acres)
W5
Floodplain grading, fill
T
Bottomland Hardwood Forest
Wetland C
Yes
Both
0.927
erosional channels, haul
(acres)
road
W6
Channel relocation
P
ffttornland Hardwood Forest
Wetland A
Yes
Both
F(clre,)
W7
Fill old channel,
T
Fttomland Hardwood Forest
Wetland A
Yes
Both
0.214
floodplain grading
(acres)
W8
Channel relocation 1P
Bottomland Hardwood Forest
Wetland E
Yes
Both
0.010
(acres)
W9
Floodplain grading
T
fottomland Hardwood Forest
Wetland E
Yes
Both
0.023
(acres)
W10
Fillold h
T
Fornland Hardwood Forest
Wetland F
Yes
Both
0(ocres)
grading
W11
Fill old channel,
T
Bottomland Hardwood Forest
Wetland G
Yes
Both
0.045
floodplain grading, haul
(acres)
road
W12
Fill old channel,
T
Bottomland Hardwood Forest
Wetland H
Yes
Both
0.036
floodplain grading, haul
(acres)
road
W13
Permanent crossing
P
Headwater Forest
Wetland N
Yes
Both
0.002
(acres)
W14
Permanent crossing
P
Fttomland Hardwood Forest
Wetland O
Yes
Both
0.023
(acres)
W15
Haul road
T
Fttomland Hardwood Forest
Wetland O
Yes
Both
0.017
(acres)
W16
Channel relocation
P
Bottomland Hardwood Forest
Wetland L
Yes
Both
0.011
(acres)
W17
Floodplain grading, haul
F
�Bottomland Hardwood Forest
Wetland L
Yes
Both
0.150
road
(acres)
W18
Channel relocation,
P
Headwater Forest
Wetland P
Yes
Both
0.001
bank stabilization
(acres)
W19
Floodplain grading
T
Headwater Forest
Wetland P
Yes
Both
0.039
(acres)
W20
Channel relocation
P
Bottomland Hardwood Forest
Wetland R
Yes
Both
0.007
(acres)

W21
Fill old channel,
T
Bottomland Hardwood Forest
Wetland R
Yes
Both
0.018
floodplain grading, haul
(acres)
road
W22
Permanent crossing
P
fftt-mland Hardwood Forest
Wetland Q
No
Both
0.008
(acres)
W23
Channel relocation
P
Fttomiand Hardwood Forest
Wetland S
No
Both
0.012
(acres)
W24
Floodplain grading
T
Bottomland Hardwood Forest
Wetland S
No
Both
0.010
(acres)
W25
Fill old channel,
T
Fttomland Hardwood Forest
Wetland T
No
Both
0.020
floodplain grading
(acres)
W26
Channel relocation 1P
Headwater Forest
Wetland M
Yes
Both
0.025
(acres)
W27
Floodplain grading
T
Headwater Forest
Wetland M
Yes
Both
0.141
(acres)
W28
Permanent crossing
P
Headwater Forest
Wetland M
Yes
Both
0.015
(acres)
W29
Channel relocation
P
Fttomiand Hardwood Forest
Wetland U
Yes
Both
0.007
(acres)
W30
Fll000ddplain grading, haul
T
Bottomland Hardwood Forest
Wetland U
Yes
Both
0(938
roa
)
W31
Channel relocation
P
Fttomiand Hardwood Forest
Wetland V
No
Both
0.001
(acres)
W32
dplain grading, haul
Floodplain
T
Bottomland Hardwood Forest
Wetland V
No
Both
1(Oc19
road
)
W33
Channel relocation
P
Headwater Forest
Wetland W
Yes
Both
0.031
(acres)
W34
Floodplain grading
T
Headwater Forest
Wetland W
Yes
Both
0.188
(acres)
2g. Total Temporary Wetland Impact
3.886
2g. Total Wetland Impact
4.242
2g. Total Permanent Wetland Impact
0.356
2i. Comments:
Wetland impacts W13, W14, W22, and W28, totaling 0.048 acres, are not exempt crossings under NWP 27 and are proposed to be permitted under
NWP 14. All remaining wetland impacts are proposed under NWP 27.
3. Stream Impacts
3a. Reason for impact
3b.lmpact type"
3c. Type of impact"
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
Channel relocation
Permanent
Fill
fast Mingo Creek
Perennial
Both
19
3,684
Averege (feet)
(linear feet)
g2
Permanent ford crossing
Permanent
Fill
East Mingo Creek
Perennial
Both
19
56
Average (feet)
(linear feet)
S3
Constructed riffles, bank
Permanent
Fill
East Mingo Creek
Perennial
Both
19
595
stabilization, channel
Averege(reet)
(iinearfeet)
relocation
S4
Constructed riffles, bank
Permanent
Fill
Lizard Creek
Intermittent
Both
3
83
stabilization, channel
Averege(reet)
(linear feet)
relocation
S5
Relocate channel to single
Permanent
Fill
W. Fork East Mingo Creek
Perennial
Both
15
999
thread
Average (feet)
(linear feet)
S6
Channel relocation
Permanent
Fill
Snake Creek
Intermittent
Both
118
Average (feet)
(linear feet)
S7
Channel relocation
Permanent
Fill 1�-
reek Anabranch
Perennial
Both
245
Average (feet)
Qinear feet)
gg
Constructed riffles, bank
Permanent
Fill
Deer Creek
Intermittent
Both
4
169
stabilization, channel
Averege (feet)
(linearfeet)
relocation

S9
Constructed riffles, bank
Permanent
Fill
Mouse Creek
Intermittent
Both
5
148
stabilization, channel
Aveage(feet)
(linearfeet)
relocation
S10
Constructed riffles, bank
Permanent
Fill
UT to Rabbit Creek
Intermittent
Both
5
20
stabilization, channel
Average (feet)
(linearfeet)
relocation
S11
Constructed riffles, bank
Permanent
Fill
Rabbit Creek
Intermittent
Both
6
212
stabilization, channel
Average (feet)
(linearfeet)
relocation
S12
Constructed riffles, bank
Permanent
Fill
Wolf Creek
Intermittent
Both
6
74
stabilization, channel
Average (feet)
(linearfeet)
relocation
�3�Permanent
ford crossing
Permanent
Fill
Lamb Creek
Perennial
Both
51
Average (feet)
(linearfeet)
S14
Channel relocation, bank
Permanent
Fill
Lamb Creek
Perennial
Both
53
stabilization
Average (feat)
(linearfeet)
S15
Channel relocation
Permanent
Fill
Beaver Creek
Intermittent
Both
190
Average (feet)
(linearfeet)
S18
Channel relocation
Permanent
Fill
UT to Beaver Creek
Intermittent
Both
94
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
6,791
3i. Total stream and ditch impacts:
3110
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. 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 or conversion of wetland to stream channel.
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.
All wetland impacts proposed under NWP 14 are within internal crossings to be used by the landowners. Total wetland impacts from both of these crossings are 0.048 acres, below the
0.10-acre mitigation threshold for NWP 14.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is not located within a river basin with protected riparian buffer areas.
2. Stormwater Management Plan
0
u
O
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No

2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
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

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
8b. If yes, explain how project meets FEMA requirements:
Prior to construction, a full FEMA flood model and CLOMR will be prepared and submitted for approval. Upon approval, a floodplain development permit
will be obtained from the Johnston County Floodplain Administrator.
8c. What source(s) did you use to make the floodplain determination?
FIRM Panels 3720162000K & 3720152800K, Effective 10/312006
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
East Mingo - PCN Appendices.pdf 17.11 MB
File must be PDF or KMZ
Comments
DWR Project No. 20211425 v1
Additional supporting information is included in the East Mingo Creek Mitigation Site Final Mitigation Plan.
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:
Sydni L. Law
Signature
UIr�iY!'r�gjuv
Date
6/19/2023