20240231 Ver 1_ePCN Application_20240205

DW R
DHlsloo 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.
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 Version# *
20240231 1
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:
Tyson Foods - Sanford Stormwater Improvements
la. Who is the Primary Contact?*
Erin Binkley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/5/2024
Nearest Body of Water
Kendale Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.458197
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:
-79.139814
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Kristina Morales: Kristina.Morales
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
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):
NA
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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:
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:
Tyson Foods - Sanford Mexican Original
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Steven Kendrick
2d.Address
Street Address
800 E Main St
Address Line 2
city
State / Province / Region
Sanford
NC
Postal / Zip Code
Country
27332
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Steven Kendrick
3b. Business Name:
Tyson - Sanford Mexican Original
3c.Address
Street Address
800 E Main St.
Address Line 2
City
Sanford
Postal / Zip Code
27332
3d. Telephone Number:
[phone]
3f. Email Address:"`
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Erin Binkley
4b. Business Name:
Froehling & Robertson
4c.Address
Street Address
310 Hubert St.
Address Line 2
City
Raleigh
Postal / Zip Code
27603
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Tyson - Sanford Mexican Original
1c. Nearest municipality I town:
Sanford
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
United States
3e. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
9652-81-5901-00 0.7

2c. Project Address
Street Address
800 E Main St.
Address Line 2
city
Sanford
Postal / Zip Code
27332
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Kendale 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.
030300040201
4. Project Description and History
State / Province / Region
NC
Country
United States
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 currently a drainage outfall from collected upland runoff. The outfall is covered under General Permit No. NCG060000 (Certificate of Coverage No. NCG060024).The drainage
ditch flows south, until the elevation drops at a headcut, and an intermittent stream starts. The current grading of the ditch is currently unable to drain/flow properly, collecting pollution and
run off, and producing low-grade wetlands comprised of invasive common reed (Phragmites australis). The outfall is located within a fenced -off, 0.7-acre section of the Tyson Foods
Mexican Original facility. The uplands surrounding the drainage ditch and wetlands are comprised of dense shrubs and vines, and grasses.
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:
0.066
4g. List the total estimated linear feet of all existing streams on the property:
51.32
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to regrade the ditch, in order to restore proper flow and drainage of runoff.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Upon approval of this application, equipment will be brought on -site that will consist of a small excavator and a dump truck. The ephemeral ditch and wetland areas will be accessed along
the eastern side and as minimal disturbance as possible will be made. The small excavator will create some temporary loss of vegetation and small trees. The excavator will access the
ditch and the full extent of the excavator boom will be utilized while setting at each access point in order to minimize impacts. The soil excavated from the ditch will be placed along the
slope(s) leading down to the ditch. If larger material/debris is encountered, a dump truck may be utilized to haul the material/debris off -site and properly disposed. The project is proposing
impacts that are expected to fully recover once the project is complete.
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-2023-00511
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Elias Ruhl
Froehling & Robertson, Inc.
Erin Binkley
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
May 30, 2023
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?
NA
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
I
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W."
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
�2g. Impact
area
W1
Ditch re -grading
P
Non - Mars Tidal Freshwater h
W1
L-A
Both
0.066
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.066
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.066
❑
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*
g1
Ditch meets Stream grade
Temporary
Other
S1
Intermittent
Both
Averege (feet)
��
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
5
3j. Comments
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
5
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The quantity of discharged dredged or fill material and the volume of area excavated will not
exceed 25 cubic yards below the plane of the ordinary high water mark. The discharge of dredged or fill material will not cause the loss of more than 0.1
acres of waters of the United States. The discharge of dredged or fill material is not placed for the purpose of a stream diversion. They will install
construction entrance, tree protection fence, silt fence, and silt fence outlets prior to any land disturbing activities (including and tree clearing or
Demolition). Clear only as necessary to install these perimeter devices as specified on the approved plan sheet. Install all other erosion control
measures as required by ncdenr including sediment basins, barriers and diversion ditches as needed. Stabilize the inlets into all skimmer basins an
modify diversion ditch locations as needed during grading and ensure positive drainage into sediment basins. Stabilize banks as early as possible. Install
ditch liners. Seed temporary diversions, berms, and basins immediately after installation. Install coir baffles or check dams in temporary diversions.

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
1. Move all downed trees and woody vegetation to an upgradient and silt -fence protected stockpile location, initiate onsite mulching/grinding of
vegetative debris, or transport this material offsite to a permitted facility.
2. Strip 6" topsoil layer from channel are to be regraded and stockpile in location as shown on the plans and protect with silt fence.
3. Perform grading of the channel in accordance with grading plan shown on sheet 2.0 (contours shown are for final grade after topsoil has be replaced)
4. Re-disribute topsoil over graded area in even depth until exhausted.
5. Seed and mulch all denuded areas.
6. All disturbed areas shall receive temporary seeding within seven (7) days of that soil disturbance.
7. Clean up and demobilize from the site.
8. Regularly monitor for permanent stabilization as stipulated in the project specifications, refertilizing and/or reseeding as deemed necessary by the
engineer.
9. Silt fence may be removed upon stabilization of the site and satisfactory compliance with project specifications, and upon receipt of written approval
from the NC DEMLERSs where located.
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:
Very small amount of impact to wetlands
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:
Not in buffered basin, no mapped streams.
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
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.
This is a small regrading activity for a culvert outfall.
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
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?
USFWS. See attached.
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?
NC NHP. See Attached.
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 SHPO. See attached.
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
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
USACE PCN Packet_opt.pdf 14.88MB
DWR Stormwater.pdf 2.91 MB
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.
O
Full Name:
Erin Binkley

Signature
Date
2/5/2024