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Home My WebLink About20160405 Ver 1_401 Application_20181016Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 10/16/2018 2:47:09 PM (Message Start Event) Approve by Montalvo, Sheri A 10/17/2018 1:38:05 PM (Initial Review- Sheri Montalvo) The task was assigned to Montalvo, Sheri A 10/16/2018 2:47 PM ID#* 20160405 Version* 1 Select Reviewer:* Mac Haupt Mitigation Project Submittal -10/16/2018 Type of Mitigation Project:* V Stream r Wetlands r— Buffer r— Nutrient Offset (Select all that apply) Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Project Contact Information Contact Name:* Email Address:* Lin Xu lin.xu@ncdenr.gov Project Information Existing 20160405 Existing 1 (DWR) (nurrbersonly ... nodash) Version:* (nurrbersonly) I D#: * Project Name:* Alliance Headwaters Mitigation Site County:* Johnston Document Information Mitigation Document Type:* Mitigation Plan File Upload: Alliance_ 97086_ MP_2018.pdf 28.44MB 401 PermitFee-AllianceHW.pdf 41.18KB AllianceHW401 COffice.pdf 39.51 KB AllianceHW401 Raleigh.pdf 34.91 KB AllianceHWPCN.pdf 2.02MB Rease upload only one RDF of the conplete file that needs to be subrritted... Signature Print Name:* Lin Xu Signature: * Environmental Quality October 16, 2018 Karen Higgins, 401 & Buffer Permitting Unit Supervisor Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 ROY COOPER Covemor Re: Permit Application- Alliance Headwaters Mitigation Site Mitigation Project, Johnston County (DMS Full Delivery Project) Dear Ms. Higgins: Attached for your review is 404/401 permit application package for the subject project. Another copy has been sent to the Raleigh Regional Office for review. A memo for the permit application fee is also included in the package. All electronic files have been uploaded to NC DWR's file system. Please feel free to contact me with any questions regarding this plan (919- 707-8319). Thank you very much for your assistance. Sincerely Lin Xu Attachment: 404/401 Permit Application Package Final Mitigation Plan Permit Application Fee Memo State of North Carolina I Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh. North Carolina 27699-1601 919 707 8600 Environmental Quality October 16, 2018 Danny Smith, Regional Supervisor, Water Quality Regional Operations Section NC DEQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 ROY COOPER Governor Re: Permit Application — Alliance Headwaters Mitigation Site Mitigation Project, Johnston County (DMS Full Delivery Project) Dear Mr. Smith: Attached for your review is 404/401 permit application package for the subject project. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Sincerely Lin Xu Attachment: 404/401 Permit Application Package Final Mitigation Plan State of North Carolina I Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699 1601 919 707 8600 Environmental Quality MEMORANDUM: TO: FROM: SUBJECT: DATE: Summer Lowe Lin Xu L_ Payment of Permit Fee 401 Permit Application October 16, 2018 ROY COOPER Governor The Division of Mitigation Services (DMS) is implementing a mitigation project for Alliance Headwaters Mitigation Site Mitigation Project in Johnston County (DMS IMS # 97086). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Karen Higgins, DWR State of North Carolina I Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh. North Carolina 276999601 919 707 8600 F WAre opo R�'G Office Use Only: Corps action ID no. I DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: 1 ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 271 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: ❑ Yes ❑X No ❑ YesX❑ 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 ❑ Yes ❑X No or in -lieu fee program. 19. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h E] Yes ❑X No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ YesX❑ No 2. Project Information 2a. Name of project: Alliance Headwaters Stream & Wetland Mitigation Site 2b. County: Johnston 2c. Nearest municipality / town: Four Oaks 2d. Subdivision name: -- 2e. NCDOT only, T.I.P. or state project no: =MMS Project No. 95017 3. Owner Information 3a. Name(s) on Recorded Deed:M and B Lee LLC & William Frank Lee 3b. Deed Book and Page No. M and B Lee Bk03507, Pg0060 William Frank Lee Bk2019 Pg0418 r3c. Responsible Party (for LLC if William Frank Lee (both) applicable): 3d. Street address: 922 Peach Orchard Rd. 3e. City, state, zip: Four Oaks, NC 27524 3f. Telephone no.: 919-631-9005 3g. Fax no.: -- 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: NCDMS 4b. Name: Lin Xu 4c. Business name (if applicable): NCDEQ, Division of Mitigation Services 4d. Street address: 217 West Jones St. 4e. City, state, zip: Raleigh, NC 27603 4f. Telephone no.: 919-707-8319 4g. Fax no.: 919-571-4718 4h. Email address: lin.xu@ncdenr.gov 5. — he't' 5a. 5b. Name: Business name (if applicable): Raymond Holz Restoration Systems 5c. Street address: 1101 Haynes Street, Suite 211 5d. City, state, zip: Raleigh, NC 27604 5e. Telephone no.: 919-755-9490 5f. Fax no.: 919-755-9492 5g. Email address: rholz@restorationsystems.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 15990-42-3303, 15990-52-9471, 15990-81-4425 1 b. Site coordinates (in decimal degrees): Latitude: 35.373024 Longitude: -78.339246 1c. Property size: 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 171.72 acres Hannah Creek C, NSW Neuse 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: The Site drainage area is primarily composed of agricultural and forest land with some sparse residential property. Site land use consists of agricultural land. Riparian zones are primarily composed of row crops and streams are severely impacted by agricultural ditching and rerouting of streams around productive fields. 3b. List the total estimated acreage of all existing wetlands on the property: 17.23 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,387 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to restore (Priority 1) streams in their historic floodplain location. 3e. Describe the overall project in detail, including the type of equipment to be used: A detailed description of proposed activities is provided in the attached Mitigation Plan. The project will be completed with standard earth -moving 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Yes El No Corps or State been requested or obtained for this property / ❑ Unknown project(including all prior phases in the past? Comments: .......... �. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): W- Grant Lewis Other: Axiom Environmental, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A preliminary jurisdictional determination field determination was completed on June 15, 2017 and a notification of jurisdictional determination was received from USACE representative Samantha Dailey on September 4, 2018 (SAW -2016-00882). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes X❑ No Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ❑ Yes ❑X No Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): X❑ Wetlands ❑X Streams – tributaries ❑X Buffers ❑X 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 impact Type of wetland Forested FTypreof jurisdiction Area of number s (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Tamnnrary fTl —.. ----- ...... W1 - W2 W3 W4 W5 SEE ATTACHED TABLES W6 f 1 2g. Total Wetland Impacts: 1.7 2h. Comments: Temporary impacts (1.64 acres) and permanent impacts (0.06 acre) will occur due to the construction of proposed stream channels (see Figure 3A attached). Permanent impacts result from the construction of new stream channels. Jurisdictional wetlands within the temporary impact area will be avoided to the maximum extent practicable; however, some encroachment will be necessary during construction of new channels. All temporary impact areas will be restored to pre -project elevations and planted appropriately. 3. Stream Impacts 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. �b. 3c. 3d. 3e. 3f. 3g• Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) _ (feet) feet) S1 SEE ATTACHED TABLES S2 S3 S4 S5 - S6 3h. Total stream and tributary impacts 3,848 3i. Comments: Project activities include the restoration of new stream channels within the historic floodplain location. Therefore, the majority of the existing UT1 (3733 If), which is currently ditched and routed around the perimeter of the fields will be permanently impacted. In addition, a short reach of UT2 (46 If) will be permanently impacted to tie UT2 into the proposed UT1. A short reach of the existing UT4 (69 If) will be temporarily impacted at the transition from preservation to newly constructed stream channel. See attached Figures 3A -3C. Page 4 of 10 PCN Form –Version 1.4 January 2009 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 individuall list all o en water im acts below. a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Tem ora T 1 - SEE ATTACHED TABLES 02 _.-. 03 04 - 4f. Total open water impacts 2.36 4g. Comments: During pfOtP` fru ion, ree sma Tarm p— on�r s wi a perianently remov i ei. 5. Pond or Lake Construction If pond or lake construction ro osed, the complete the chart below. 5a. 5b. 5c. Pond ID number Proposed use or Wetland Impacts (acres) purpose of pond P1 P2 5g. Comments: Choose one Choose one 5f. Total: Flooded I Filled I Excavated 5d. 5e. Stream Impacts (feet) Upland - __ _.. _ (acres) Flooded Filled Excavated 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) 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 retluire mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? FiNeuse E]Tar-Pamlico E] Catawba EJ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 numb�(P) Permaneor j mitigation impact impact Tem or required? (square (square feet' feet; B1 SEE ATTACHED TABLES Yes/No B2 Yes/No B3 Yes/No B4 - Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 3,775 2,545 61. Comments: A small amount of riparian buffer will be encroached upon during construction of new channels;however, all temporary impact areas will be restored to pre -project elevations and planted appropriately. Page 5 of 10 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. This is a stream and wetland mitigation project. As a result, avoidance and minimization were not part of the original design planning. The proposed project is anticipated to increase the function and length/area of jurisdictional stream and wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The only activities that will take place within the stream are filling and stabilization of banks, placement of channel bed material, and the installation of structures. No machinery will be driven within existing stream channels. Temporary impacts to jurisdictional wetland areas will occur due to channel construction; however, the footprint will be minimized and these areas will be replanted. If water is present, channels will be temporarily dewatered and all work will be performed in the dry. Impacts to jurisdictional areas are designed to benefit hydrology and vegetative communities. 2. Mitiaation for Im 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? 2b. If yes, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments: ❑ Yes n No ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type: Choose one Quantity: Type: Choose one Quantity: Type: Choose one Quantity: 4.Complete if Making a Payment to In -lieu Fee Prc 4a. Approval letter from in -lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: ram ❑ Yes linear feet Choose one square feet acres acres acres 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 buffer mitigation? ❑ Yes ❑X No 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) -T-1 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). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Ri arian Buffer Protection Rules? _ 1 b. If yes, then is a diffuse flow plan included? If no, explain why. No drainages that require a diffuse flow plan/bmp enter the project area. See the attached Mitigation Plan. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? X❑ Yes ❑ No ❑X Yes ❑ No 0% 2b. Does this project re uire a Stormwater Management Plan? El Yes 0 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No impervious surfaces will be generated by the proposed project. On-site stormwater will be treated by flow through vegetated riparian buffers prior to entering surface waters. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is thisproject? Local ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs D NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑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 ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or Stat (North Carolina) Environmental Policy Act (NEPA/SEPA)? 0Yes [IN o State ❑X Yes 1 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 L2.Violations tter.) Please see the Approved Categorical Exclusion Form (Included as an Appendix in omments; the attached Mitigation Plan) (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, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑X Yes ❑ No ❑ No ❑ Yes X❑ No 2b. Is this an after -the -fact permit application? El 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 additional development, which could impact nearby downstream water quality? El Yes X❑ No 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. 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. NA - No sewage will be generated by the proposed project. Page 9 of 10 PCN Form — Version 1.4 January 2009 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 ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS county -wide list of federally protected species for Johnston County and surveys of the project area to determine if suitable habitat exists. A letter was sent to USFWS Raleigh Field Office and a letter of concurrence was received on 1/12/17 (included in the approved CE document) 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? 7 ❑ Yes X❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries Essential Fish Habitat Mapper v2.0 (online) 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 X❑ 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? NC Department of Cultural Resources, State Historic Preservation Office HPOWEB online mapping tool. 8. Flood Zone Designation (Corps Requirement) — —7 8a. Will this project occur in a FEMA -designated 100 -year floodplain? 8b. 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program (DFIRM panel 3720158800J) � i �J X�_ Applicant/Agent's Printed Name I Applicant/Agent's Signature (Agent's signature is valid only if an authorization I letter from the applicant is provided.) Page 10 of 10 ❑X No D //v //Q, Date a0i A R O p o � rl 00o00�c CN w 600 a0i A R O p i o � ca GTr F � N I N 6. L ate.+ y y Vl N ani pop � N iOn Ln kn N 0-4 F a u0011a�Ij JlooO00� ^ I CD I O ~ O Q F a r- �z33�]�000 � rl CN w 600 i o � ca GTr F � N I N 6. L ate.+ y y Vl N ani pop � N iOn Ln kn N 0-4 F a u0011a�Ij JlooO00� ^ I CD I O ~ O Q F a r- �z33�]�000 Total Wetland In Impact Number Permanent (P) or Temporary (T) Wetland 1 (P) Wetland 1 T Total for Alliance Headwaters Type of Impact Type of Wetland Forested Wetland Impacts (acres) Excavation Headwater Wetland Yes 0.06 Land Disturbance Headwater Wetland Yes 1.64 __ -- 1.70 m_�_■ o�___� 7��._,.4.. �'..�. A Il:......e Aonrl.v..tare Total Ouen Water Impacts for Alliance Headwaters Impact NumberType OPWI of Impact Removal Waterbody Type Pond Impacts (acres) 0.68 Average Removal Impact Number 1.20 Stream PER or Stream Stream Impact Permanent (P) or Type of Impact Name INT Width (feet) Length (feet) Temporary (T) UTI (P) Relocation UTI PER 4-5 3733 UT2 (P) Relocation UT2 PER 3 46 UT4 T) Stabilization UT4 PER 4 69 Total -- -- -- 3848 Total Ouen Water Impacts for Alliance Headwaters Impact NumberType OPWI of Impact Removal Waterbody Type Pond Impacts (acres) 0.68 OPW2 Removal Pond 1.20 OPW3 Removal Pond 0.48 Total 12.36 Juarian Buffer Impacts for Alliance Headwaters Mitigation Zone 1 Impact Zone 2 Impact Impact Site Reason for Impact Stream Name Required (ft s (ft sq) UT4 Restoration UT4 No 3775 2545 Total 3775 2545 J— A� ,l n C [C U .7 cd O co LU j: Z a O Co >. Q Lo z x �U-jw in w C-) � � U a. . 0 X a. WQ Q U z a z Q U O W u = o z W U o w U– U � z Z U 1- 0 0 J o' 4al N � I O m N m W C) O r LL 0 a of = U W ami 7„ 0) C a, ti v CL ani m _� a) c m N N r, _� � c c U c U U N N C N y N d b E CL z o '� '� o o ujLij v a a a J— A� ,l n C [C U .7 cd O co LU j: Z a O Co >. Q Lo z x �U-jw in w C-) � � U a. . 0 X a. WQ Q U z a z Q U O W u = o z W U o w U– U � z Z U 1- 0 0 J o' 4al N � I O m N m W C) O r LL 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action id. SAW -2016-00882 County: JOHNSTON U.S.G.S. Quad: NEWTON GROVE NORTH NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Mr. William Lee Address: Post Office Box 148 Smithfield North Carolina 27577 Authorized Agent: Restoration Systems, LLC Mr. Raymond Holz Address: 1101 Hanes Street. Suite 211 Raleigh. North Carolina 27604 Size (acres) 202 Nearest Town Four Oaks Nearest Waterway Hannah Creek River Basin Upper Neuse River USGS HUC 03020201 Coordinates Latitude: 35.373455 Longitude: -78.337891 Location description: The Leaf Swam a Wetland Mitization Site is identified as an approximate 202 acre tract of land located on Johnston County. North Carolina Parcels: 159900529471, 159900423303. and 159900814225. These parcel are located at 1080 Joiner BridUe Road. Four Oaks Johnston County, North Carolina. Indicate Which of the Following A h': A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW -2016-00882 LEAF SWAMP WETLAND MITIGATION SITE _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailev at 919-554-4884, ext 22 or by email at Samantha.J.Dailev u_ usace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: Refer to the enclosed Preliminary JD Form and Figure 1 (dated October 2017) for a detailed evaluation of the Leaf Swamp Wetland Mitigation Site. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section R. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: SAW -2016-00882 LEAF SWAMP WETLAND MITIGATION SUE US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by DAILEY.SAMANTH DAILEY.SAMAN HAJ.1387567948 I DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, All 387567948 ou=USA,cn=DAILEY.SAMANTHAJ.1387567948 Corps Regulatory Official: Date: 2018.09.0409:22:63-04'00' Date: September 4, 2018 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htt ://co sma-u.usace.arniv.mil/cm a,ex/Pp=136:4:0. SAW -2016-00882 LEAF SWAMP WETLAND MITIGATION SITE NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Requestor: Restoration Systems, LLC File Number: SAW -2016-00882 Date: September 4. 2018 Mr. Ravmond Holz Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D RX PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http_ www.usace.armti .mil Missions. Civil Works. Re,-watoc ` rro::ramandPermits.as rk or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW -2016-00882 LEAF SWAMP WETLAND MITIGATION SITE E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. if you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you may also and/or the appeal process you may contact: contact: District Engineer, Wilmington Regulatory Mr. Jason Steele, Administrative Appeal Review Officer Division CESAD-PDO Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division Attn: Samantha Dailey 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the op ortunity to participate in all site investi ations. Date: Telephone number_ Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: #PM_FULLNAME#, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OMI 5, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPENDIX 2 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): September 4, 2018. B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Property Owner/Applicant: Address: Authorized Agent: Address: Mr. William Lee Post Office Box 148 Smithfield. North Carolina 27577 Restoration Sr stems. LLC Mr. Ra► mond Holz 1101 Havnes Street. Suite 211 Raleigh. North Carolina 27604 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Leaf Swamp Wetland Mitigation Site, Restoration Systems, LLC., Johnston County, SAW -2016-00882 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Johnston County City: Four Oaks Center coordinates of site (]at/long in degree decimal format): Lat. 35.373455°N, Long. -78.337891° W. Universal Transverse Mercator: Name of nearest water body: Hannah Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): M Office (Desk) Determination. Date: September 4, 2018 M Field Determination. Date(s): June 15, 2017 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY .JURISDICTION 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. Estimated Amount of Geographic authority to Aquatic Resources in Type of aquatic which the aquatic Site Number Latitude Latitude Review Area resource resource "may be" (�N) (oW) no wetland vs. non- subject (i.e. Section 404 or Linear wetland) Section 10/404) Feet Acres Wetland l 35.375485 -78.346730 16.84 Wetland Section 404 Wetland 2 35.372973 -78.336046 0.39 Wetland Section 404 UTI 35.372836 -78.342624 4761 Non -Wetland Section 404 UT2 35.372477 -78.336353 484 Non -Wetland Section 404 UT4 35.377040 -78.347911 1142 Non -Wetland Section 404 OPW1 35.377685 -78.343901 0.68 Non -Wetland Section 404 OPW2 35.372892 -78.339642 1.20 Non -Wetland Section 404 OPW3 35.374679 -78.335438 0.48 Non -Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD or a PJD, the JD wil I be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C_F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be " waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Axiom Environmental, Inc., submitted a jurisdictional determination to our office on March 16, 2017, with revisions received on October 30, 2017. ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K, NC -Newton Grove North ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: June 2017. ® National wetlands inventory map(s). Cite name: Corps of Engineers SimSuite — June 2017. ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): . or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessaril • been verified b • the Corps and should not be relied upon for later iurisdictional determinations. Digitally signed by DAILEY.SAMANT DN C US,oM GS GoJvemment, 48 HAJ.1387567948 cn=DAI LEY.SAMANTHA 1387567948 Date: 2018.09.04 09:36:44 -04'00' Signature and date of Regulatory Project Manager (REQUIRED) --�,,6 —w— 10/04/2018 Signifure and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is Impracticable) I Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.