20181694 Ver 2_ePCN Application_20231024

DW R
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
6/4/2020
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned *
20181694
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Central Office - [phone]
Information for Initial Review
1a. Name of project:
Dudley Mill Pond Mitigation Site
1a. Who is the Primary Contact?*
Angela Allen
1b. Primary Contact Email: *
[e-mail]
Date Submitted
10/24/2023
Nearest Body of Water
Cedar Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
34.957194
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cumberland
.......................
Longitude:
-78.751694
Version#*
2
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Maria Polizzi: Maria. Polizzi
1c. Primary Contact Phone: *
[phone]
$570.00
$767.00
`I
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: 03 - Maintenance
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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 for the 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:
Steven C.Lawrence, Georgianna A. Lawrence
2b. Deed book and page no.:
0107-0139
2c. Contact Person:
Steven Lawrence

2d. Address
Street Address
4889 Caterwaul Drive
Address Line 2
City
Fayetteville
Postal / Zip Code
28312
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]
4. Agent/Consultant (if applicable)
4a. Name:
Tasha King
4b. Business Name:
Wildlands Engineering
4c.Address
Street Address
312 W. Millbrook Road
Address Line 2
Suite 225
city
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town
Cedar Creek
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
O
2. Project Identification

2a. Property Identification Number:
0474-40-9445
2b. Property size:
47 (Conservation Easement)
2c. Project Address
Street Address
3796 Stedman Cedar Creek Road
Address Line 2
city
Fayetteville
Postal / Zip Code
28312
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Cedar 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.
030300050101
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 site is located in a rural watershed in southern Cumberland County, NC. The proposed stream repair areas are within a conservation easement associated with an existing stream
mitigation site. The project is currently in monitoring year 2 and has herbaceous vegetation and planted saplings that are approximately 2 years old surrounding the repair areas. Forested
areas surround the majority of the conservation easement.
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).
USACE AID: SAW-2018-02160
DWR #: 18-1694
4f. List the total estimated acreage of all existing wetlands on the property:
32.565
4g. List the total estimated linear feet of all existing streams on the property:
6,349
4h. Explain the purpose of the proposed project:*
At the end of August 2023, Hurricane/Tropical Storm Idalia passed through the Carolinas. After the storm had passed, it was discovered that one brush toe protecting the outer streambank
on one meander bend on Cedar Creek Reach 3 was scoured out completely. This caused the vegetation and bank above the brush toe to slump into the stream. Just downstream, half of
a second brush toe and the bank above it were washed away.
Cedar Creek is a sand bed system with a watershed of approximately 6.6 square miles. Reach 3, where both brush toes were undermined, has steeper slopes than the rest of the project
area, which were required to tie into the downstream grade offsite. It is suspected that the pools scoured more than anticipated and hit a layer of mobile sandy soil beneath the brush toe.
Once the sandy layer beneath the brush toe was scoured away, the brush toe and bank above it were left unstable and washed away as well.
Repairs to the restored stream channel at these two locations are necessary to fulfill mitigation performance criteria and stabilize the channel. Wildlands is proposing to rebuild the brush
toes as soon as possible to prevent further bank erosion and sedimentation.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The brush toes were originally built to a depth of 0.5 to 1' below the designed pool depth. For the repair, the brush layers will begin 1' below the max depth of scour caused by recent high
flow events to ensure long term stability. Brush will be harvested onsite in areas outside of the conservation easement. Mid -size excavators will be used to replace brush toe material and
secure it in the bank. Logging mats will be used to minimize soil impacts within the conservation easement. A temporary pump -around station will be used to maintain safe aquatic life
passage through the channel.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 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-2018-02160
5c. If 5a is yes, who delineated the jurisdictional areas?

Name (if known): Win Taylor
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
USACE Office Determination: 11/12/2019 by Emily Greer
USACE Field Determination: 3/11/2019 by Mickey Sugg
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
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
u
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*
fl
Brush toe repair
Permanent
Bank Stabilization
Cedar Creek
Perennial
Both
25
Average (feet)
154
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
154
3i. Total stream and ditch impacts:
154
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed repair activities are designed to have an overall long-term positive impact. The sections of stream requiring repair provide poor aquatic
habitat and are a threat to the stream's stability. If left unaddressed, these meander bends will experience increased erosion and contribute to sediment
loads downstream in the future. Repairs to Cedar Creek Reach 3 will remedy these impairments and avoid impacts to adjacent stream reaches and
wetlands that are properly functioning. Additional bank excavation, if necessary, to reset the damaged brush toes, will be kept to a minimum. Temporary
wetland impacts are necessary for equipment access. Access to repair areas will take the shortest logistically feasible route through the easement and
utilize existing earthen access roads outside of the easement when possible to avoid unnecessary wetland impacts. The close proximity of the repair
areas will allow the use of only one temporary pump -around station. An existing riffle in the stream channel will be used as a temporary crossing while
the pump -around station is operating so both repair areas can be accessed and the need to construct a separate temporary crossing can be avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Equipment traffic will avoid wetlands and properly functioning streams as much as possible. Channel banks will be stabilized using biodegradable coir
fiber matting and seeded and planted with native riparian vegetation. All temporary impact areas will be reseeded and replanted with saplings. One
pump -around station will be used to complete the work while maintaining safe aquatic life passage. An existing riffle in the stream channel will be used
as a temporary crossing while the pump -around station is operating so a temporary crossing will not need to be constructed. The stream will be restored
to its pre -construction profile following completion of the work. 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:
The proposed repairs qualify for use of NWP 3(a), which does not require compensatory mitigation.
O

F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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 in an NC Riparian Buffer Protection basin.
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:
G. Supplementary Information
1. Environmental Documentation
la. 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.
Development is explicitly prohibited within the conservation easement and the project is not expected to encourage or facilitate future 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?
The USFWS reviewed the prospectus for this project and responded on December 6, 2018, stating, "the Service currently has no objections to the
project," but would like to reserve their concurrence with the USACE determination of "no effect" until after they are able to review the mitigation plan. A
USFWS IPaC official species list was requested on November 1, 2019, to assess if any potential impacts would occur to federally listed species or
Critical Habitat as a result of the project. A self -certification letter was submitted on March 5, 2020. The USFWS did not respond with any concerns.
An updated USFWS IPaC official species list was requested on October 17, 2023, to assess if any potential impacts would occur to federally listed
species or critical habitat as a result of the proposed repairs. The only changes to the updated IPaC species list are that Saint Francis' Satyr butterfly
was removed and the proposed tricolored bat was added. None of the species listed in the IPaC report have been observed onsite and the original "no
effect" determinations made are still accurate.
A determination of "May affect, not likely to adversely affect" was originally made for the red cockaded woodpecker (RCW). However, the repair areas
will not impact any suitable habitat for RCW and a determination of "no effect" is more appropriate.
While the tricolored bat is not officially listed, it was still taken into consideration and potential impacts to the species as a result of the repairs were
reviewed. No culverts will be impacted for the repairs. Any brush harvested for the brush toes will be too small to be suitable summer roosting habitat. If
possible, all repairs will be made in the fall/winter of 2023, outside the possible tree moratorium. Therefore, Wildlands believes a species determination
of "no effect" is appropriate.
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?
The NC Department of Natural and Cultural Resources (DENR) State Historic Preservation Office (SHPO) was contacted regarding presence of historic
and archaeological resources within the project area. The SHPO indicated that they were aware of "no historic resources which would be affected by this
project."
All work for the proposed repairs will be limited to the project parcel and will not impact adjacent properties.
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 FIRM Panels 3720046400J and 3720046200J, effective 1/5/2007
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 dreg and drop files here to attach document
Dudley MY2 Repairs PCN Attachments.pdf 7.72MB
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:
Tasha King

Signature
Date
10/24/2023