20160849 Ver 2_ePCN Application_20230828

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:
6/8/2022
BIMS # Assigned
20160849
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer's
Maria Polizzi:Maria.Polizzi
Information for Initial Review
la. Name of project:
Upper Rocky Mitigation Project
1a. Who is the Primary Contact?*
Kyle Obermiller
1b. Primary Contact Email:
[e-mail]
Date Submitted
8/28/2023
Nearest Body of Water
South Prong West Branch Rocky River
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.461874
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Longitude:
-80.830924
Version#*
2
Reviewing Office`
Central Office - [phone]
1c. Primary Contact Phone: x
[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: 03 - Maintenance
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:
Mayes Family Limited Partnership
2b. Deed book and page no.:
09903/191
2c. Contact Person:
George Mayes
2d.Address
Street Address
12229 Mayes Road
Address Line 2
City State / Province / Region
Huntersville NC
Postal / Zip Code Country
28078 USA

2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Kyle Obermiller
3b. Business Name:
Water & Land Solutions, LLC
3c.Address
Street Address
7721 Six Forks Rd
Address Line 2
Suite 130
city
Raleigh
Postal / Zip Code
27615
3d. Telephone Number:
[phone]
3f. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kyle Obermiller
4b. Business Name:
Water & Land Solutions, LLC
4c.Address
Street Address
7721 Six Forks Rd
Address Line 2
Suite 130
city
Raleigh
Postal / Zip Code
27615
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:
Cornelius
2. Project Identification
2a. Property Identification Number:
00755101
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
94.520

2c. Project Address
Street Address
12229 Mayes Road
Address Line 2
City
Huntersville
Postal / Zip Code
28078
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Prong West Branch Rocky River
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located it *
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050102
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: *
Mitigation site construction was completed in early 2022 with the restoration, enhancement, and permanent protection of approximately 9,652 linear feet of streams and riparian wetland
preservation, reestablishment, and enhancement totaling 14.51 acres. This work has reduced nutrient and sediment inputs, re-established floodplain connectivity, improved stream
geomorphology, and restored and more natural flow regime throughout the hydrologic system.
The surrounding land use is a majority forested within the immediate conservation easement boundaries, surrounded with agricultural, residential, educational (schools), and additional
forest in the adjacent area. There has been a consistent increase in residential development and decrease in agricultural land use.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2015-01816
4f. List the total estimated acreage of all existing wetlands on the property:
14.42
4g. List the total estimated linear feet of all existing streams on the property:
9652
4h. Explain the purpose of the proposed project:*
A meander bend along stream reach R3 (approximately 50 linear feet) was identified to have erosion issues during a monitoring & maintenance field visit to the site on June 22, 2022. The
purpose of this project is to repair the eroding streambank section utilizing a geolift with toe wood along the outside meander bend.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed repair activity will be conducted along approximately 50 linear feet of an outside meander bend on stream reach R3. This reach is an unnamed tributary of the South Prong
West Branch of the Rocky River. Activities will consist of streambank stabilization utilizing a geolift with toe wood from the existing log vane to the head of the next downstream riffle. Work
will be completed using a medium-sized excavator and on -site material. Temporary stream crossings over R5 and R6 will utilize wood mats to minimize disturbance to the stream
channels. All temporary wetland and forest impacts will be along the mobilization route to and from the site and will be seeded and mulched after demobilization.
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-2015-01816
Sc. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): George Lankford
Agency/Consultant Company: George K. Lankford, LLC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Site visit conducted by Bryan Roden -Reynolds on September 19th, 2019 and PJD issued on October 10th, 2019.

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?
N/A
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
U
2al Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested*
2f. Type of Jurisdicition"
(?)
29• Impact
area *
W7
mobilization ��T
Bottomland Hardwood Forest
W07
EA
Corps
0.220
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.220 0.000
2g. Total Wetland Impact
0.220
2i. Comments:
Equipment used for streambank stabilization will track through a mobilization corridor in small sections of W7, wetland will be re -seeded and planted if
disturbance occurs. No fill or cut will occur in the wetland area.
3. Stream Impacts
F
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
stabilization
Temporary
Bank Stabilization J
R3
Perennial
Corps
15
50
Average (feet)
(linear feet)
g2
mobilization
Temporary
Workpad/Causeway JR5
Perennial
Corps
10
15
Aveage (feet)
(linear feet)
S3
mobilization
Temporary
Workpad/Causeway
R6
Perennial
Corps
10
15
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 80
3i. Total stream and ditch impacts:
80
3j. Comments:
Equipment will use wood mats for temporary stream crossings over R5 & R6. Streambank stabilization will occur from the bank and all disturbance will
be re -seeded and planted once the work is complete.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The initial mitigation project was designed to restore on -site wetlands and streams that would provide significant water quality benefits to offset lost
aquatic resource functions. This repair will utilize natural, on -site woody debris to restore the eroding meander bend to its designed hydrologic and
hydraulic functions.
tb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All streambank stabilization work will occur from the bank and a temporary pump-around/de-watering operation will be used to minimize sediment
entering downstream. Temporary stream crossings will utilize wood mats to minimize disturbance within the stream channels.
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:
This project is a stream and wetland mitigation project to provide credits for Compensatory Mitigation.
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:
All Stormwater shall be considered diffuse flow through the stream buffers via stable vegetated channels, natural floodplain topography and ephemeral conveyances.
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:
No stormwater devices or pipe drainage networks are proposed for this project.
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 parcels involved in this stream and wetland mitigation bank project are in a conservation easement restricting development in perpetuity.
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.
Asheville
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
0
N

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?
US Fish and Wildlife Service (USFWS) database and the N.C. Natural Heritage Program.
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?"
NC Office of Archives and History website and the NRIS database was searched. The project area does not contain any listed properties near the
project site.
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? *
FEMA National Flood Hazard Layer Firm Panel 4652, eff: 11/16/2018 and Panel 4653 eff: 11116/2018.
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
Appendices ALL.pdf 3.97MB
File must be PDF or KMZ
Comments
Attached are the appendices and figures related to the PCN submittal above, including figures, design drawings, and a photo of the R3 meander bend to be repaired.
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:
Kyle Obermiller
Signature
Date
8/28/2023
a