20231077 Ver 1_ePCN Application_20230801

DW R
DHlsloo 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:
8/24/2022
BIMS # Assigned
20231077
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Westford
1a. Who is the Primary Contact?*
Morgan Gilbert
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/1 /2023
Nearest Body of Water
Persimmon Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.452865
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Lee
Is this a NCDMS Project
Yes No
Longitude:
-79.199904
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joseph Myers:[e-mail]
1c. Primary Contact Phone:*
[phone]
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 permits) 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
29 - Residential Developments
18 - Minor Discharges
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
fig. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
1715 Carthage Street LLC
2b. Deed book and page no.:
Book 1678; Page 716
2c. Contact Person:
Tim Smith
2d. Address
Street Address
105 Weston Estates Way
Address Line 2
City State / Province / Region
Cary NC
Postal/Zip Code Country
27513 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Raughley
3b. Business Name:
Pulte Group
3c. Address
Street Address
1225 Crescent Green Drive
Address Line 2
City
Cary
Postal / Zip Code
27518
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Morgan Gilbert
4b. Business Name:
Timmons Group
4c.Address
Street Address
5410 Trinity Road, Suite 102
Address Line 2
City
Raleigh
Postal / Zip Code
27607
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Westford
1c. Nearest municipality I town:
Sanford
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
9641-09-5617-00 47.37

2c. Project Address
Street Address
1715 Carthage Street
Address Line 2
city
Sanford
Postal / Zip Code
27330
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Persimmon Creek
3b. Water Resources Classification of nearest receiving water:
C
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.
030300030606
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 Westford site is approximately 47.37 acres located at 1715 Carthage Street in Sanford, North Carolina within Lee County. The Site is occupied by mixed hardwood and pine forested
areas and utility corridors, including transmission lines and sanitary sewer easements. In addition, four wetland, three intermittent, and three perennial stream features were found within
the Site. The Site is bound by Gloucester Drive, forested area, and private residences to the north and by residential development to the east. The Site is bound by forested areas and
private residences to the south and by Carthage Street, forested areas, and private residences to the west.
The proposed residential development will consist of single-family homes; amenities such as a dog park, playground, and mulch trails; stormwater control measures (SCMs); roadways;
and utility improvements (i.e., public water supply and sanitary sewer alignment).
A delineation of the project area was completed by Timmons Group on 04/04/2022. A Preliminary Jurisdictional Determination was issued by James Lastinger of the USACE on
07/07/2022. The project site is located within the Cape Fear River Basin and therefore not subject to NC Riparian Buffers.
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:
5.83
4g. List the total estimated linear feet of all existing streams on the property:
4,055
4h. Explain the purpose of the proposed project:"
The purpose of the project is to construct a single-family residential development and the necessary amenities with community cohesion within Lee County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
The proposed project is a single -phased residential development that is located at 1715 Carthage Street in Sanford, North Carolina within Lee County.
The proposed residential development will consist of 115 single-family home lots; amenities such as a dog park, playground, and mulch trails; open spaces; stormwater control measures;
roadways; and utility improvements (i.e., public water supply and sanitary sewer alignment).
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
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-2022-01007
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kate Hefner and Morgan Gilbert
Agency/Consultant Company: Timmons Group
Other:

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
04/04/2022 — Delineation completed by Timmons Group personnel.
07/07/2022 — Preliminary Jurisdictional Determination issued by James Lastinger of the USACE.
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?
No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
a
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
2g• Impact
?)
area *
Road Fill
P
Headwater Forest
G
Yes
Both
acm 0(
(acres)
5' Construction Buffer
T
Headwater Forest
G
Yes
Both
0.011
(acres)
Drainage Construction
T
mland Hardwood Forest
ff
H
Yes
Both
0.007
(acres)
Dissipation Pad
P
ff-mland Hardwood Forest
H
Yes
Both
0.001
(acres)
Manhole Installation
P
ffomland Hardwood Forest
H
Yes
Both
0.001
(acres)
3
Utility Construction,
T
Bottomland Hardwood Forest
H
Yes
Both
0.030
conversion from PFO to
acres)
PEM
4
Aerial Construction
T
Bottomland Hardwood Forest
H
Yes
Both
0.129
Access, conversion from
(acres)
PFO to PEM
Aerial Footing
P
Bottomland Hardwood Forest
H
Yes
Both
0.001
Construction
(acres)
Drainage Grading
P
ffornland Hardwood Forest
H
Yes
Both
0.002
(acres)
Drainage Construction
L
ffrnland Hardwood Forest
H
Yes
Both
0.007
(acres)
2g. Total Temporary Wetland Impact
0.184
29. Total Wetland Impact
0.287
2g. Total Permanent Wetland Impact
0.103

2i. Comments:
Please note that the total permanent impact acreage appears different due to rounding. The Westford project is proposing 4,443-sq. ft. of permanent
wetland impact, which rounds to 0.102-acres. The project also proposes 1,079-sq. ft. (0.025-acres) of temporary impact, and 6,912-sq. ft. (0.159-acres)
of temporary impact resulting in permanent conversion from forested to herbaceous wetland.
Impact 1 (Sheet CWI-2.1), proposed under NWP 29 — Residential Development, consists of 0.098-ac. (4,264-sq.ft.) of permanent wetland impact
necessary for road construction and associated grading. The road is necessary to provide access to several residential lots and proposed amenities.
The associated cul-de-sac could not be further shifted and lots have been reduced as much as feasible for the project to remain practicable. A portion of
the necessary road grading will be maintained and utilized as the edge of a park, however, this impact would be necessary for road stabilization
regardless of the park. A retaining wall will be used to minimize wetland impacts. A 5-ft. temporary construction buffer resulting in 0.011-ac. (476-sq.ft.) of
temporary wetland impact has been included to allow for the installation of the retaining wall. The temporary impact areas will be stabilized following
construction and proper seeding methods will be used (Sheet CWI-3.0). Additionally, a stormwater outlet (proposed under NWP 18 — Minor Discharges)
with a rip rap dissipator pad is being proposed to maintain appropriate hydrological input to the wetland feature that will avoid indirect loss. The rip rap
dissipator pad (Impact 2) will result in 0.001-ac. (30-sq.ft.) of permanent wetland impact and 0.007-ac (302-sq.ft.) of temporary impacts for construction.
Impact 3 (Sheet CWI-2.2), proposed under NWP 29 — Residential Development, consists of 0.001-ac. (28-sq.ft.) of permanent wetland impact
associated with the installation of a manhole within a proposed utility easement. Within the easement, a total of 0.030-ac. (1,313-sq.ft.) of temporary
impact for installation resulting in permanent conversion from palustrine forested (PFO) to emergent (PEM) wetland impacts necessary for the
installation and maintenance of a utility easement. The easement has been minimized as much as practicable to 20 -ft. wide. Impact areas will be
stabilized following construction and proper seeding methods will be used (Sheet CWI-3.0).
Impact 4 (Sheet CWI-2.2), proposed under NWP 29 — Residential Development, consists of 0.129-ac. (5,599-sq.ft.) of temporary, permanent conversion
from forested to herbaceous wetland impact for an aerial construction access associated with the installation of an aerial sewer line and 0.001-ac. (48-
sq.ft.) of permanent wetland impact to account for piers needed for the aerial sewer line. An 8" ductile iron pipe (DIP) within a 16" steel casing pipe on
piers is being proposed with the bottom of the pipe to be placed above the 25-year flood elevation (Sheet CWI-2.3). The piers will be placed outside of
the stream and are proposed to be greater than 5-ft. from the edge of the surveyed top of bank of the perennial stream. The size and spacing of the
piers have been designed to minimize impacts to the adjacent wetlands/floodplains. The piers are proposed approximately 45-ft. apart, the maximum
distance feasible, except for in places where additional stability is needed. Impact areas will be stabilized following construction and proper seeding
methods will be used (Sheet CWI-2.2). The proposed line is a gravity line therefore it was limited by site topography and the existing sewer main,
preventing any significant shifts from this location. It was further limited by the SCM to the north as the line cannot be placed beneath this for
maintenance reasons and restrictions against overlapping public and private easements. The line was placed at the least impactful location within the
feasible areas, including shifting the line to the south to avoid temporary impact to a second stream and crossing the unavoidable stream only
temporarily at as close to a 90-degree angle as possible.
Impact 5 (CWI-2.2) consists of 0.002-ac. (72-sq.ft.), proposed under NWP 18 — Minor Discharges, of permanent wetland impact for grading associated
with a dissipator pad. Additionally, 0.007-ac (301-sq.ft.) of temporary wetland impact for a 5-ft. temporary construction buffer associated with grading to
construct the dissipator pad. This impact has been reduced to avoid any permanent impact to the wetland by adjusting the dissipator pad and outlet to
avoid additional impacts to the wetland and avoid the nearby perennial stream entirely.
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type *
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
E
Aerial Construction f
(Impact 4) :I:Average
Temporary
Other
C
-I::]
ff
Both
(feet)
25
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
31. Total stream and ditch impacts:
3j. Comments:
3i. Total temporary stream impacts:
Impact 4 consist of 25-If. (0.003-ac./124-sq.ft.) of temporary stream impacts associated with the installation of an aerial sewer line to connect the
proposed development to public utilities. Downstream flow will be maintained during installation and all impacted areas will be returned to pre -
construction conditions immediately following installation.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
0
u

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. Several lots were removed
from the initial site layout to further avoid impacts and have been minimized to the number of lots required for the project to remain feasible. The
remaining impacts proposed are necessary in order for the project's goals to be realized.
The stormwater retention pond within the eastern portion of the Site has been redesigned to reduce and avoid impacts of the adjoining wetland. The only
remaining associated impact, proposed to be addressed under NWP 18, is a proposed outfall and dissipator pad which will help provide continued
hydrologic input. Selective design of stormwater outlets was utilized to maintain hydrologic connection of unimpacted wetlands (see Sheets CWI-2.1,
CWI-2.2, and CWI-2.4 (no impact necessary for 2.4, detail provided for reference)).
The sewer easement has been adjusted to entirely avoid the nearby intermittent stream and must go this route due to the topography and the location of
an existing sewer main to the southwest.
The aerial sewer line will avoid and minimize potential impacts to wetlands and streams and reduce the likelihood of erosion and stream obstructions by
installing the pipe above the 25-year flood elevation, avoiding direct impacts to streams, and reducing the number and size of piers to only what is
necessary. Erosion and sediment control measures will be used to avoid and minimize any potential impacts to water quality.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install
silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All
erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once
every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will
be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
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
2c. If yes, mitigation is required by (check all that apply):
DWR
Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.261
4g. Coastal (tidal) wetland mitigation requested:
(acres)
The project is proposing a total of 0.261-ac. of wetland impacts that will require mitigation. An amount of 0.261-ac. of wetland impacts was requested via
the ILF form. The USACE Regulatory In -lieu Fee and Bank Information Tracking System (RIBITS) website and DWR Approved Mitigation Banks in North
Carolina list (dated0 7/18/2023) were reviewed to identify potential private mitigation banks with available wetland mitigation credits in the 03030003 8-
digit HUC. No private banks with available wetland mitigation credits were identified. Through email correspondence, Wildlands Engineering, Inc. and
RES stated they did not have available wetland mitigation credits in the 03030003 8-digit HUC. Therefore, wetland mitigation credits will be acquired
through the NC Division of Mitigation Services (DMS) in -lieu fee program. Documentation is included in Appendix D.
Please note that a permanent impact of 0.102-ac. is proposed at a 2:1 ratio, requiring the purchase of 0.204-ac. of wetland mitigation credits.
Additionally, the temporary impact resulting in permanent conversion from PFO to PEM, 0.159-ac. is proposed at a 1:1 ratio, requiring the purchase of
0.159-ac. of wetland mitigation credits. A total of 0.363 wetland mitigation credits are proposed for this project.
An ILF acceptance letter dated July 26, 2023 from NC DMS for the requested credits is included in the attached deliverables package (Appendix D).
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No

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 located within the Cape Fear River Basin and therefore is not subject to the NC Riparian Buffer Protection Rules.
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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
The City of Sanford review stormwater management plans (SMPs) as a part of the construction review process; however, there are no local stormwater program or permitting
requirements. Also, the project is not located in a Phase II Stormwater area. Therefore, a stormwater permit is not required for this project. Stormwater control measures are still proposed,
and additional plans are attached in Appendix H of the attachments. There will be a wet pond onsite that will capture runoff associated with 1 inch of rainfall.
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.
The proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for
herein.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The wastewater will be directed to the Big Buffalo Wastewater Treatment Plant that has a capacity of 12 million gallons per day.
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
8

Sc. 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?
Froehling & Robertson, Inc. (F&R) completed a Review of Historic Resources and Protected Species report on 01/21/2022 for the Site (Appendix E).
F&R's field observations in 2021 did not identify obvious suitable habitat for the identified species. Based upon this information, it appeared that the
proposed project is not likely to adversely affect federally or state listed threatened and endangered species or their designated critical habitats.
A search of the USFWS IPaC database on 07/26/2023 identified the same two federally endangered species (E) and one candidate species (C) that
were included in F&R's protected species review, the Cape Fear shiner (E), harperella (E), and monarch butterfly (C). The IPaC database further
identified one proposed endangered species, tricolored bat, as potentially occurring within the project area. No critical habitats were identified within the
project area or a 1-mile radius. Additionally, a search of the North Carolina Natural Heritage Program (NHP) database report dated 04/03/2023 did not
identify occurrences of federally listed species or state -managed areas within the project limits or a 1-mile radius.
Cape Fear shiner is most often found in rocky pools and runs adjacent to riffles in wide, shallow segments of rivers with gravel, cobble and/or boulder
substrates with forested banks. Streams with flatter gradients and sand/silt dominated substrata are less suitable habitat for the Cape Fear shiner, but
these areas may be used to move between rocky sections of the stream. The stream located along the eastern portion of the Site, Persimmon Creek, is
predominantly made up of cobble and gravel with sand, silt, and detritus throughout with flowing water. The two streams located in the south-central
portion of the Site are mostly made up of sand and silt with small areas of cobble and gravel substrate. Therefore, Persimmon Creek in the eastern
portion of the project area contains potentially suitable habitat for the Cape Fear shiner; however, there are no proposed impacts to Persimmon Creek.
Further, no species observations were made within any streams during site investigations and the NCNHP report did not identify any documented
species occurrences within the Site or a 1-mile radius. Only temporary stream impacts are proposed for the project to install an aerial sewer line across
a perennial unnamed tributary of Persimmon Creek. The aerial stream crossing will avoid and minimize potential impacts to Cape Fear shiner by
installing the pipe above the 25-year flood elevation, avoiding direct impacts to streams, and reducing the number and size of piers to only what is
necessary. Therefore, it is our opinion that the project may affect, but will not adversely affect the Cape Fear shiner.
Harperella occupies both riverine and ponded habitats. In the riverine habitat, it grows on rocky, sandy, or gravelly shoals and margins of clear, swift
flowing reaches of seasonally flooded streams. It can also be in such fluvial habitats as crevices of exposed bedrock and, rarely, along sheltered muddy
stream banks. The streams onsite do not represent suitable habitat due to the lack of swift flowing reaches and exposed bedrock. The streams onsite
are made up of mostly sand, silt, cobble, and gravel, with sheltered, stream banks. No species observations were made within or around any onsite
streams during site investigations and the NCNHP report did not identify any documented species occurrences within the Site or a 1-mile radius.
Therefore, it is our opinion that the project may affect, but will not adversely affect harperella.
On September 14, 2022, the USFWS announced a proposal to list the tricolored bat as endangered under the ESA. The USFWS has not provided an
official effective listing date, but it is anticipated to occur in the second half of 2023. Upon listing, the USFWS is expected to provide an area of
influence/distribution range for tricolored bat. During the winter, tricolored bats are found in caves and mines, although in the southern United States,
where caves are sparse, tricolored bats are often found roosting in road -associated culverts. During the spring, summer, and fall, tricolored bats are
found in forested habitats where they roost in trees, primarily among leaves, and within artificial roosts like barns, beneath porch roofs, bridges, concrete
bunkers, culverts, and rarely within caves. The Site is occupied by mixed hardwood and pine forested areas and utility corridors, including transmission
lines and sanitary sewer easements. The culverts onsite are less than 5 feet in diameter and would not be suitable roosting and hibernating habitat for
tricolored bat. The NCNHP database did not identify any known occurrences within a 1-mile radius of the Site. Due to the presence of potential suitable
roosting habitat in forested areas, it is our opinion that the proposed project is not likely to jeopardize the continued existence of the tricolored bat.
The monarch butterfly's habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Therefore, it is our
opinion that the proposed project will have no effect on the monarch butterfly.
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?"
F&R completed a Review of Historic Resources and Protected Species report on 01/21/2022 for the Site (Appendix E). F&R reviewed information at the
North Carolina State Historic Preservation Office (SHPO) and submitted a Request for Comments (RFC) letter to SHPO. The RFC letter included basic
project information and documentation of F&R's information review. SHPO responded with "no comment on the project as proposed" and "are aware of
no historic resources which would be affected by the project".
A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Natural and Cultural
Resources (DNCR) Division of Historical Resources (DHR) data identified 24 historical resources as occurring within a 1-mile radius of the proposed
project limits. No historical resources were identified within the project area. The listings identified within the specified search radius include one National
Register Individual Listing (NR), one Study List Determined Eligible HD status Center Point (SLDOEHD), five Surveyed Only— Gone (SD), one Study
List (SL), one Study List Boundary (SLHD), and 15 Surveyed Only (SO) sites.
The proposed project is located over 0.5-mile south of the NR site, Buffalo Presbyterian Church and Cemeteries (LE0496). The proposed project is
located approximately 0.12-mile south of the SLDOEHD site, Buffalo Rural Historic District (LE0788). The surrounding land use consists of agricultural
fields, forested areas, private residences, and residential developments. Considering the proposed project's consistency with the surrounding land use,
along with all proposed work being limited to the project area, the project area's distance from all listings, and existing land use between the site and
listings, the proposed project should have no effect on historical resources.
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:
According to the FEMA FIRM Panels 3710963200J, 3710963100J, 3710964100J, and 3710964200J (effective date 9/6/2006), the majority of the Site is
located within Zone X — an area of minimal flood hazard. The eastern boundary of the Site is located within Zone AE — an area of 1 % annual chance
flood hazard, with 100-year floodplain elevations ranging from 340 to 351 feet above mean sea level. The 100-year floodplain is associated with
Persimmon Creek.
Work proposed in the floodplain is limited to those associated with the construction of the aerial sewer line.
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM panels 3710963200J, 3710963100J, 3710964100J, and 3710964200J (effective date 9/6/2006)
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
2023.08.01_ePCN Attachments Package (reduced).pdf 31.94MB
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:
Morgan Gilbert
Signature
r yid tl�rta' �llLf6t.G
Date
8/1/2023