20230947 Ver 1_ePCN Application_20230630

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:
11/15/2022
BIMS # Assigned
20230947
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY RHF Walking Trail
1a. Who is the Primary Contact?*
Phil May
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/30/2023
Nearest Body of Water
Beaver Creek
Basin
Cape Fear
Water Classification
C (Stream Index 18-31-24-5)
Site Coordinates
Latitude:
Longitude:
35.025125
-78.972380
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
Yes No
Version#*
1
Reviewing Office*
Fayetteville Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
a
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: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
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:
Rick Herrema Foundation, Inc.
2b. Deed book and page no.:
0059-0140
2c. Contact Person:
Kevin Stewart - RHF Site Director
2d.Address
Street Address
5349 Grimes Road
Address Line 2
City
State / Province / Region
Fayetteville
NC
Postal / Zip Code
Country
28306
USA

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Phil May
4b. Business Name:
Inver Environmental Consulting, LLC
4c.Address
Street Address
105 West 4th St
Address Line 2
Suite 700
city
Winston-Salem
Postal / Zip Code
27101
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Fayetteville NC
2. Proiect Identification
2a. Property Identification Number:
0406-83-2812
2c. Project Address
Street Address
5572 Shenandoah Dr
Address Line 2
City
Fayetteville
Postal / Zip Code
28304
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Beaver Creek
3b. Water Resources Classification of nearest receiving water:
C (Stream Index 18-31-24-5)
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.
030300040609
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
26.25
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 site is an existing non-profit recreational center with facility buildings including visitors center, storage buildings, and various recreational structures including obstacle course and
playground. The land use in the vicinity is primarily residential with undeveloped land along Beaver Creek. The RHF Foundation's "Rick's Place" is a facility designed to host military
personnel and their families to provide passive recreation, camps, and various programs. It has been developed in uplands adjacent to Beaver Creek. See cover letter for additional details
on related activities.

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:
20
4g. List the total estimated linear feet of all existing streams on the property:
4000
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to remove fill previously placed in wetland areas for a walking trail, and permit two small crossings (one existing and one proposed) to allow a
complete trail loop within the site for passive recreation. See cover letter for additional information.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
As discussed in the cover letter, the proposed trail is partially constructed including some encroachment into wetlands. This was performed inadvertently due to a change in RHF
management and miscommunication. The trail segments within the delineated wetlands will be removed down to the ballast stone that was used as a base. Stockpiled natural soil will be
placed to bring the restored areas to existing grade if needed. If at existing grade, the soils will be disced to alleviate compression. A wetland seed mix will be sewn and straw placed for
stabilization. The remainder of the proposed trail will be constructed using timber, ballast stone, and crushed concrete in upland areas. In the proposed wetland crossing, a boardwalk will
be constructed per the attached plans.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
Delineation in 2014 and 2016 and field verified by Emily Greer.
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-2015-00648
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): John Turnbull
Agency/Consultant Company: ESI, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
No record of issued PJD, but verification noted in 2015 and 2018 based on Corps correspondence records. The proposed project areas were reviewed in the field for accuracy and no
wetland boundary changes were required.
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?
The proposed trail forms a complete loop and needs no further extension. Future trails may be planned and constructed outside potential jurisdictional features in the northern portion of
the site, but are not currently under evaluation or design.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* M
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g• Impact
area *
Trail crossing
P
ffmland Hardwood Forest _]
WP
Yes
Both
0.004
(acres)
Boardwalk
P
mland Hardwood Forest
ff
WP
Yes
Both
0.007
(acres)
Excavation
T
mland Hardwood Forest
ff
WP
No
Both
0.020
(acres)
Excavation
T
Bottomland Hardwood Forest
WP
No
Both
0.043
(acres)

2g. Total Temporary Wetland Impact
0.063
2g. Total Permanent Wetland Impact
0.011
2g. Total Wetland Impact
0.074
2i. Comments:
Site 1 is an existing culvert crossing of a small ditch draining from wetland WP to the adjacent stream. Site 2 is the proposed boardwalk crossing to
complete the loop trail.
Sites 3 and 4 are the areas of wetland restoration where existing trail will be removed.
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:
The proposed project has been designed to minimize wetland impacts by using an existing crossing of a small ditch and a proposed boardwalk to
complete the loop trail. Existing trail segments partially constructed in wetlands will be removed and the area restored as described in the cover letter.
The proposed boardwalk crossing has been located in an area of minimal tree cover (mostly privet) to minimize clearing.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment and erosion control measures will be implemented prior to constructing the trail or removing the existing fill. Minimal clearing will be performed
to construct the boardwalk and removal of stumps will only occur where pilings will be placed.
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:
The proposed total of 0.01 acre of permanent impact is below typical compensatory mitigation thresholds. Note that this total includes the entire footprint of the boardwalk as it will be less
than 3 feet above grade.
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 in the Cape Fear River basin below Jordan Lake, therefore no riparian buffers are in effect.
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)?
Yes No
Comments:
The proposed project involves trail construction which will infiltrate stormwater or sheet flow into adjacent areas. No concentrated discharge of stormwater or new ouffalls are proposed.
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
2b Provide an explanation of the violation(s):
Trail construction was begun inadvertently due to a change in management and internal miscommunication. Work was ceased immediately upon the
owner becoming aware of the issue. The trail segments in wetlands are proposed to be removed and the areas restored with the exception of a small
ditched wetland crossing. See cover letter for additional information.
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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.
The site is located in a built -out residential area, and does not involve infrastructure (roads, utilities) that would spur additional development.
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?
USFWS IPaC Database search (Attachment 4), on -site habitat review. See cover letter for additional details.
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?"
HPO web mapper. Areas proposed for trail have been previously disturbed or are in wetland.
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:
A flood plain study has been completed for the project and a no -rise certification is anticipated from the City of Fayetteville. No construction will
commence on the project prior to the no -rise certification being issued.
8c. What source(s) did you use to make the floodplain determination?"
NC Flood Mapping Program
Miscellaneous
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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
RHF_EPCNAttachments_063023.pdf 38.42MB
File must be PDF or KMZ
Comments
Please see the attachment for additional details including:
- Cover letter
- Agent Authorization form
Figures
- Attachments
The PDF file has electronic bookmarks for ease of navigation.
Thanks
Phil
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:
Philip May
Signature
Date
6/30/2023
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