20200694 Ver 2_ePCN Application_20231103

DWR
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:
8/21 /2023
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 *
20200694
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Fayetteville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Big Rockfish Creek Outfall - Contract 2
1a. Who is the Primary Contact?*
Elias Ruhl
1b. Primary Contact Email: *
[e-mail]
Date Submitted
11/3/2023
Nearest Body of Water
Upchurches Pond
Basin
Cape Fear
Water Classification
B
Site Coordinates
Latitude:
34.955573
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cumberland
Longitude:
-79.027572
Version#*
2
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Chad Turlington:chad.turlington
1c. Primary Contact Phone: *
[phone]
$570.00
$767.00
6
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
Please provide the date of the previous submission.
5/26/2023
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:
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
58 - Utility Line Activities for Water and Other Substances (frequently used)
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 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:
Fayetteville Public Works
2b. Deed book and page no.:
2c. Contact Person:
Joseph Glass
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
O

2d. Address
Street Address
PO Box 1089
Address Line 2
City
Fayetteville
Postal / Zip Code
28302
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Same as Owner
3b. Business Name:
3c. Address
Street Address
Same as Owner
Address Line 2
city
Fayetteville
Postal / Zip Code
28302
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Elias Ruhl
4b. Business Name:
Froehling & Robertson
4c.Address
Street Address
310 Hubert Street
Address Line 2
City
Raleigh
Postal / Zip Code
27603
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:
Hope Mills
2. Project Identification
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

2a. Property Identification Number:
Various
2c. Project Address
Street Address
Address Line 2
City
Hope Mills
Postal / Zip Code
28348
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Upchurches Pond
3b. Water Resources Classification of nearest receiving water:"
B
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.
030300040607
4. Project Description and History
2b. Property size:
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: "
See included Purpose and Need statement.
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).
DWR#20-0694, SAW-2020-00952
4f. List the total estimated acreage of all existing wetlands on the property:
3.662
4g. List the total estimated linear feet of all existing streams on the property:
135
4h. Explain the purpose of the proposed project:
This PCN is for Contract 2 of the project only (see included BRCO contract phase map). See included Purpose and Need statement.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
See included Purpose and Need statement.
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-2020-00952
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Various
Agency/Consultant Company: W.K. Dickson and F&R
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
DWR - July 9, 2020, Corps - July 23, 2020
6. Future Project Plans
Ga. Is this a phased project?*
Yes No

6b. If yes, explain.
The previous PCN was for the entire project (Phase 14). This current PCN is for Phase 2 ONLY (Contract 2).
Mitigation bank and in -lieu fee program were previously paid and approved in the original PCN dated May 26, 2020.
Impacts pertain to Contract 2 area only. Phase 3 and Phase 4 are yet to be confirmed.
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?
DWR#20-0694, SAW - 2020-00952
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
0
u
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
2g• Impact
?)
area
W1
Construction
T ��n-Riverine
Swamp Forest
W1
No
Corps
0.126
(acres)
W1
Easement
P
Fn-Riverine Swamp Forest
W1
No
Corps
0.035
(acres)
WC
Construction
T
Non-Riverine Swamp Forest
WC
No
Corps
0.033
(acres)
WC
Easement
P
Fn-Riverine Swamp Forest
WC
No
Corps
0.009
(acres)
WB
Construction
T
Fn-Riverine Swamp Forest
WB
No
Corps
0.440
(acres)
WB
Easement
P
Fn-Riverine Swamp Forest
WB
No
Corps
0.107
(acres)
W26
Construction
T
Non-Riverine Swamp Forest
W26
No
Corps
0.031
(acres)
W26
Easement
P
Fn-Riverine Swamp Forest
W26
No
Corps
0.008
(acres)
W27
Construction
T
Fn-Riverine Swamp Forest
W27
No
Corps
0.006
(acres)
W27
Easement
P
Fn-Riverine Swamp Forest
W27
No
Corps
0.001
(acres)
W28
Construction
T
Non-Riverine Swamp Forest
W28
No
Corps
0.001
(acres)
W29
Construction
T
ron-Riverine Swamp Forest
W29
No
Corps
0.022
(acres)
W29
Easement
P
ff-Riverine Swamp Forest
�W29
No
Corps
0.008
(acres)
W18
Construction
T �Fn-Riverine
Swamp Forest
W18
No
Corps
0.226
(acres)
W18
Easement
P
Fn-Riverine Swamp Forest
W18
No
Corps
0.046
(acres)
W2
Construction
T
Non -Tidal Freshwater Marsh
W2
No
Corps
1.882
(acres)
W2
Easement
P
Non - Mars Tidal Freshwater h
W2
t-A
Corps
0.498
(acres)
2g. Total Temporary Wetland Impact
2.767
2g. Total Wetland Impact
3.479
2i. Comments:
2g. Total Permanent Wetland Impact
0.712
3. Stream Impacts

3a. Reason for impact ()
3b.lmpact type*
3c. Type of impact"
3d. S. name*
F. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length'
S1
Crossing
Temporary
Other
SS
Intermittent
Both
17
65
Averege (feet)
(linear feet)
S2
CrossingTem
ora
P ry
Other
S10
Intermittent
Both
5
34
Averege (feet)
(linear feet)
S3
Crossing
Temporary
Other
S9
Intermittent
Both
0
0
_]
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
99
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
99
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
See included Purpose and Need statement and seeding specs.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
See included Purpose and Need statement.
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Daniels Creek Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 1.79
3c. Comments
1.79 approved by DMS, BOA from Wildlands is for 1.16. - FROM PREVIOUS PCN (DWR#200694,
SAW - 2020-00952) - For all four Phases (Current Phase 2 included).
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)
None
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)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
Q
a

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:
Cape Fear 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
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:
No impervious area proposed as part of project. No floodplain impacts. No SCMs required.
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 Waterer 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.
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?
NCNHP. NCDEQ and NCWRC. See included consultation.
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?
NHP
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?"
See included SHPO.
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 flood map and NRCS Soil Map
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
A. 0 Combined Attachments.pdf 30.15MB
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:
Erin Binkley
Signature
E„ti Spklel
Date
11/3/2023
8