20110896 Ver 3_More Info Received_20151211

Strickland, Bev
From:Kim Williams <[e-mail]>
Sent:Friday, December 11, 2015 8:04 AM
To:Policarpo, John N SAW; Coburn, Chad
Cc:Steve Morrison
Subject:RE: SAW-2011-00624 Orton Plantation Holdings LLC - NWP No. 3
Attachments:orton pond response 12-15.pdf; orton pond revised PCN 12-15.pdf
Hi John
Attached is our response to your comments regarding the NWP application for the Orton Pond Outlet. Let me know if
you have any questions or need additional info.

Chad and John- let me know if you need hard copies of this information and I will mail it to you.

Thanks!
Kim

From: Policarpo, John N SAW \[mailto:[e-mail]\]
Sent: Monday, November 30, 2015 11:52 AM
To: Kim Williams <[e-mail]>; 'Coburn, Chad' <[e-mail]>
Cc: Steve Morrison <[e-mail]>
Subject: RE: SAW-2011-00624 Orton Plantation Holdings LLC - NWP No. 3

Ok Kim, I see what you're talking about. I agree with your assessment, pond on the west side and wetlands to
the east.

In regards to the cubic yards of fill, it is a requirement under the NWP 18 to tell us the volume of fill going into
an area.

Thanks
John

John N Policarpo
US Army Corps of Engineers
Wilmington District
910-251-4487

-----Original Message-----
From: Kim Williams \[mailto:[e-mail]\]
Sent: Monday, November 30, 2015 11:14 AM
To: Policarpo, John N SAW; 'Coburn, Chad'
Cc: Steve Morrison
Subject: \[EXTERNAL\] RE: SAW-2011-00624 Orton Plantation Holdings LLC - NWP No. 3

There is a water control structure on the pond side of the project area, which releases water out of the pipe on
occasion to flood the rice fields located further down gradient. Attached are some pictures of the project area
1

from June of 2014. During this visit, no water was being released. We don't know how often water is released,
but it is only when the rice fields need additional water. I have also attached the topo, Lidar, and soils map for
the project area. It is not shown as a blue-line on the topo and I don't see a channel feature on the Lidar or soils.

Thanks,

Kim

From: Policarpo, John N SAW \[mailto:[e-mail]\]
Sent: Monday, November 30, 2015 10:35 AM
To: Kim Williams <[e-mail]>; 'Coburn, Chad' <[e-mail]>
Cc: Steve Morrison <[e-mail]>
Subject: RE: SAW-2011-00624 Orton Plantation Holdings LLC - NWP No. 3

Morning Kim,

When I was out there for a site visit, there was a ton of water flowing out of the pipe, so I just assumed it was a
stream channel. Is that typical flow out of that pipe? If not, do you have pictures showing otherwise?

Thanks
John

John N Policarpo
US Army Corps of Engineers
Wilmington District
910-251-4487

-----Original Message-----
From: Kim Williams \[mailto:[e-mail]\]
Sent: Monday, November 30, 2015 8:27 AM
To: Policarpo, John N SAW; 'Coburn, Chad'
Cc: Steve Morrison
Subject: \[EXTERNAL\] RE: SAW-2011-00624 Orton Plantation Holdings LLC - NWP No. 3

Hi John

I hope you had a nice Thanksgiving holiday. I received your comments on Orton and have a couple of questions
for you.

2

In Comment #1, you request the amount of fill in cubic yards. Would this be just for the Orton Pond side (the
temporary impacts)? LMG considers the other side (with the proposed rip rap) to just be wetlands with no
ordinary high water level.

You mention stream impacts or stream diversion in several of your comments. Do you consider the project area
to be a stream? We considered Orton Pond to be open water and the other side to be wetlands.

Let me know what you think.

Thanks!

Kim

From: Policarpo, John N SAW \[mailto:[e-mail]\]
Sent: Friday, November 27, 2015 7:45 AM
To: Kim Williams <[e-mail]> <mailto:[e-mail]%3e> ; 'Coburn, Chad'
<[e-mail]> <mailto:[e-mail]%3e>
Subject: SAW-2011-00624 Orton Plantation Holdings LLC - NWP No. 3

Good Morning Kim,

Please find attached a request for additional information for the above referenced project. Please let me know if
you have any questions. The applicants' copy will be directly mailed to him and I'm copying Chad Coburn from
NCDEQ on this email.

Thanks
John

John N Policarpo
US Army Corps of Engineers
Wilmington District
910-251-4487

3

4

ALLMG
LAND MANAGEMENT GROUP rNc.
Environmental Consultants
December 1111, 2015
TO: Mr. John Policarpo
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: Response to Comments
Orton Pond Outlet Structure Replacement; Brunswick County, NC
Action ID# SAW -2011-00624
Dear John:
Thank you for your letter dated November 27th, 2015, in which you request additional
information regarding the NWP application submitted for the Orton Pond Outlet project. Below
is a response to each of your comments.
1. While the proposed replacement of the culvert qualifies for Nationwide Permit (NWP) No. 3
Maintenance, the proposed rip -rap pad is considered new construction and will be
authorized under NWP No. 18 Minor Discharges. Please submit a pre -construction
notification (PCN) for a NWP No. 18 Minor Discharges, which allows for the type of approval
you are seeking. Please indicate the amount of fill in cubic yards proposed.
Enclosed is a revised PCN form that requests a NWP 3 and a NWP 18. Approximately 14
cubic yards of fill (rip rap) is proposed (25' x 15' x 12").
2. The existing pipe is considered a jurisdictional conveyance and impacts associated with its
replacement must be determined. Please calculate the length and width of the stream
impact flowing through the pipe for the NWP No. 3 Maintenance activity.
Per our previous discussion, you agree that the project area does not contain a stream. The
24" existing pipe is 66' in length. Therefore, 0.003 acre (132 sf) of RPW will be temporarily
impacted with the pipe replacement. The PCN has been modified to reflect this.
3. There are impacts proposed on Orton Plantation, which is listed on the National Register of
Historic Places (SHPO ID No. BW0717). Per NWP General Condition No. 20 Historic
Properties, a proposed activity may not be authorized if it is determined that the activity
may affect properties listed, or eligible for listing, in the NRHP. To ensure compliance with
Section 106 of the Historic Preservation Act, please describe how the proposed project will
not have an adverse impact on the NHRP listed Orton Plantation.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

The proposed impacts are needed to periodically flood the rice fields, which is an essential
part of Orton Plantation and its historic designation. LMG has submitted a request to SHPO
requesting comments for the proposed work. We will forward their response to you as soon
as we receive it.
4. Per NWP General Condition No. 18 Endangered Species, no activity may be authorized under
any NWP, which is likely to directly or indirectly jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. The
project is located within an area designated by the North Carolina Natural Heritage Program
as habitat for federally listed species, including Bald Eagle (east of the project area) and red -
cockaded woodpecker (west of the project area). Please describe how the project will not
have an adverse effect on any federally listed species in accordance with the Endangered
Species Act.
The proposed project will not impact any federally protected species known to occur in the
area. It will replace an existing pipe and install a rip rap pad to prevent scour. The project
area is very small in relation to the large area of forest around it. No large pine trees exist
within the project area and the proposed project will not affect RCW habitat. Although
several large cypress trees are located in the project area's general vicinity, none will be
removed during construction. Therefore, no impact to bald eagle habitat is anticipated. The
applicant continues to work closely with the USFWS and the NCWRC to maintain habitat for
rare species, including the RCW, throughout Orton Plantation
5. Please justify the need for a rip -rap pad of the size proposed. As justification, you may want
to show where the current scour hole is and its extent. There are large cypress trees
adjacent to the existing outfall that should not be impacted for construction. Please locate
these trees on the plans and show that they will be avoided.
The size of the proposed rip rap pad was determined by the project engineer and is based
on the size of the proposed pipe and the anticipated velocity of water projected to be
released from the pond in order to flood rice fields. No large cypress trees will be removed
during the installation of the rip rap pad.
6. Please show any stream diversion devices (i.e., pump around, downstream sand bags, etc.)
that will maintain flows around the construction area and account for any additional
impacts that the stream diversion system may have under the NWP No. 3 Maintenance.
Water only flows through this pipe periodically when rice fields need to be flooded and is
controlled via the outlet structure. The outlet structure will be closed during the pipe
replacement and no diversion devices will be needed.
7. Please indicate the location of construction (i.e., from the road, in wetlands, etc.) and
proposed staging areas for construction. Be advised, that staging areas should not be
located in waters of the U.S., including jurisdictional wetlands.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

All equipment will be located in uplands, either in the road or in the upland road shoulders.
No machinery will be placed in jurisdictional areas. The contractor will utilize a long -reach
backhoe in order to perform the work from the road right-of-way. No additional impacts
beyond what is shown in the site plan are needed in order to perform the work.
I hope this response adequately addresses all of your concerns. Please let me know if you
have any additional questions.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Cc: Orton Plantation Holdings, LLC
Chad Coburn, NCDWR
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

sok VWA
rG
40
I
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
1.
Applicant Information
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 3 & 18 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps? ® Yes
❑ No
1 d.
1 e.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
® Yes ❑ No ❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
El Yes
No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ Yes
❑ No
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2.
Project Information
2a.
Name of project:
Orton Plantation; Orton Pond Outlet Structure Replacement
2b.
County:
Brunswick County
2c.
Nearest municipality / town:
Leland
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
NC DOT Right -of -Way & Orton Plantation Holdings, LLC
3b.
Deed Book and Page No.
3104 0559
c/o Mr. Peter Talty
3c. Responsible Party (for LLC if
applicable):
3d.
Street address:
171h Floor; 1251 Avenue of the Americas
3e.
City, state, zip:
New York, NY 10020
3f.
Telephone no.:
3g. Fax no.:
3h.
Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version

Page 2 of 11
4. Applicant Information (if different from owner):
Orton Plantation Holdings, LLC is the applicant. They have an encroachment agreement with NC DOT for the
project (enclosed).
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Kim Williams
5b.
Business name
Land Management Group, Inc.
(if applicable):
5c.
Street address:
3805 Wrightsville Avenue, Suite 15
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
[phone]
5f.
Fax no.:
[phone]
5g.
Email address:
[e-mail]
Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
1c. Property size:
2. Surface Waters
Majority of project area is located within NC DOT Right -
of -Way; small portion located within 1440000111
Latitude: 34.055774 °N Longitude: -77.959182 °W
(DD.DDDDDD) (-DD.DDDDDD)
1 00'width x — 25' length
2a. Name of nearest body of water (stream, river, etc.) to Orton Pond
proposed project:
2b. Water Quality Classification of nearest receiving water: C Sw
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
3b
Orton Plantation has historically been used for rice production. The project area is located mostly within a maintained
DOT right-of-way and includes the area where Orton Pond outlets into the existing rice fields. There is an existing pond
outlet structure and 24" pipe that crosses under Plantation Road.
List the total estimated acreage of all existing wetlands on the property:
The project area footprint includes approximately 500 sf of open water at the existing pond outlet structure, the existing
66' conveyance (24" pipe) under Plantation Road, and approximately 375 sf of wetlands where the existing pipe
discharges.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project is to replace an existing 24" pipe and outlet structure with a new 36" pipe and outlet structure
at Orton Pond. The existing pipe failed and an 18" PVC pipe was inserted within the pipe as a temporary fix. But the pipe
needs to be replaced with a larger diameter pipe in order to efficiently manage irrigation flow to the system of rice fields.
3e. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to temporarily install silt fence and a water -filled coffer dam, then remove the existing pavement,
pipe, and outlet structure. Once this is done, the new 36" pipe, outlet structure, and rip rap energy dissipater (25' x 15' x
12") will be installed. The proposed rip rap will result in — 14 CY of material in wetlands. Then the paved road will be
repaired and sloped to original conditions. The disturbed area will be seeded with a grass mixture and the coffer dam will
be removed. The silt fence will be removed once the grass has established.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? El Yes ®No El Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Because the project area is located mostly within a DOT right-of-way, the area has not been officially delineated. An
approximate wetland line has been located on the site plan and pictures of the project area are enclosed. A preliminary JD
request package for this area is also enclosed.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Orton Plantation Holdings, LLC has obtained a CAMA Major, Individual Permit, and 401 WQC to impact wetlands in order
to restore rice fields and stabilize the dike (SAW -2011-00624). They also received a NWP 3 to repair the dike within the
site.
6. Future Project Plans
6a. Is this a phased project?
6b. If yes, explain.
❑ Yes ® No
Page 4 of 11

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check
all that apply):
® Wetlands ❑ Streams - tributaries
❑ Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete
this question
for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary T
_
W1 ®P ❑ T
Pipe replacement/
Riparian
® Yes
® Corps
0.009
rip rap
[_1 No
® DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.009
2h. Comments:
3. Stream Impacts N/A
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete
this
question for all stream sites impacted.
3a. 3b. 3c.
3d.
3e. 3f.
3g.
Stream impact Type of impact Stream name
Perennial
Type of jurisdiction Average
Impact
number -
(PER) or
(Corps - 404, 10 stream
length
Permanent (P) or
intermittent
DWQ — non-404, width
(linear
Temporary (T)
(INT)?
_.
other) (feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11

4. Open Water Impacts:
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individuallv list all open water impacts below.
_ .
4a. 4b.
--_...... .
4c.
4d.
4e.
Open water Name of waterbody
impact number — (if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑ P ®T Orton Pond
Temporary water -filled coffer dam
Open water
0.01
02 ❑ P ® T N/A
Replace pipe under road
RPW
0.003
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
0.013
4g. Comments:
5. Pond or Lake Construction: N/A
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. ( 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose(acres)
_
number of pond Flooded Filled Excavated j Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ): N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse F1 Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b. 6c 6d.
6e. 6f. 6g.
Buffer impact
number — Reason
Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name
mitigation (square feet) (square feet)
Temporary T) impact
required?
B1 ❑P
El Yes
❑ No
B2 ❑P
El Yes
❑ No
B3 ❑P
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1 a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Open water impacts are temporary and the proposed outlet structure will be placed within the footprint of the existing
structure. The footprint of the proposed rip rap has been minimized as much as possible while still being able to reduce
scouring as water leaves the pipe. The size of the proposed rip rap pad was determined by the project engineer and is
based on the size of the proposed pipe and the anticipated velocity of water projected to be released from the pond in
order to flood rice fields. NoIke cypress trees will be removed during the installation of the rip rap Rad.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed to prevent erosion into adjacent wetland areas. All equipment will be located in uplands,
either in the road or in the upland road shoulders. No machinery will be placed in jurisdictional areas. The contractor will
utilize a long -reach backhoe in order to perform the work from the road right-of-way. No additional impacts beyond what
is shown in the site plan are needed in order to perform the work.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for ❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b.
If yes, mitigation is required by (check all that apply): i ❑ DWQ ❑ Corps
❑ Mitigation bank
2c.
If yes, which mitigation option will be used for this
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank: N/A
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter) Type
Quantity
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program: N/A
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
N/A
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
N/A square feet
4e.
Riparian wetland mitigation requested:
N/A acres
4f.
Non -riparian wetland mitigation requested:
N/A acres
4g. Coastal (tidal) wetland mitigation requested:
N/A acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan: N/A
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version

Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
within one of the NC Riparian Buffer Protection Rules?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required. N/A
❑Yes El No
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
N/A
6h. Comments: N/A
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
j 1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑Yes El No
I Comments:
i
-- -
Page 8 of 11

Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
The only new impervious will be
from rip rap (0.009 ac)
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
Proposed impervious cover does not meet thresholds.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
N/A
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review: N/A
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review: N/A
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review: N/A
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
..........
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after-the-fact permit application? ❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Project will not provide access or utilities to adjacent tracts.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No wastewater will be generated by the proposed repair.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
El Yes ®No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
i; ❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC NHP website was used to determine the presence of federally-listed species. A portion of this site is located within the
Orton Pond Aquatic Habitat Significant Natural Heritage Area. Several rare species are known to occur within Orton Pond, including
the magnificent rams-horn (Planorbella magnifica), American alligator (Alligator mississippiensis) and anhinga (Anhinga anhinga).
The site also supports two special habitats: an Osprey Nesting Area and a Wading Bird Rookery. RCWs and bald eagles are also
known to occur near the project area. However, the project area is very small in relation to the large area of forest around it. No
large pine trees exist within the project area and the proposed project will not affect RCW habitat. Although several large cypress
trees are located in the project area's general vicinity, none will be removed during construction. Therefore, no impact to bald eagle
habitat is anticipated. The proposed project is a maintenance activity and no impacts to rare species are expected. The applicant
continues to work closely with the USFWS and the NCWRC to maintain habitat for rare species, including the RCW, throughout
Orton Plantation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. According to their records, site is not classified as EFH.
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 ® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or
historic resources. A portion of Orton Plantation is currently listed in the National Register of Historic Places. The proposed
impacts are needed to periodically flood the rice fields, which is an essential part of Orton Plantation and its historic
designation. LMG has submitted a request to SHPO requesting comments for the proposed work.
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: Outlet structure/pipe will be repaired to previously existing elevations.
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100-year floodplain.
_
Kim Williams
r ,
12/11/2015
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Date
Page 11 of 11