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HomeMy WebLinkAbout20171039 Ver 1_PCN Mitigation Submittal_20190612ID#* 20171039 Select Reviewer:* Mac Haupt Initial Review 06/12/2019 Completed Date Mitigation Project Submittal - 6/12/201, - Version* 1 Is this a Prospectus, Technical Proposal or a New Site? * r Yes r Type of Mitigation Project:* PF Stream r Wetlands r Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Email Address:* lin.xu@ncdenr.gov Project Information Existing 20171039 Existing 1 (DWR) (numbers only... no dash) Version: (numbers only) ID#:* Project Type: F DMS r Mitigation Bank Project Name: Catbird Site Mitidation Project County: Davie Document Information Mitigation Document Type:* Mitigation Plans File Upload: Catbird_100022_MP_2019.pdf 16.12MB Catbird PCN.pdf 2.59MB Catbird Plan.pdf 2.72MB Catbird401 COffice.pdf 44.52KB Catbird401 FeeMemo.pdf 46.34KB Catbird401 Winston.pdf 39.09KB Rease upload only one RDF of the complete file that needs to be submitted... Print Name:* Signature: ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality June 11, 2019 Lon Snider, Water Resources — Water Quality Assistant Regional Supervisor NC DEQ Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Re: Permit Application — Catbird Site Mitigation Project, Davie County (DMS Full Delivery Project) Dear Mr. Snider: 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. Attachment: 404/401 Permit Application Package Final Mitigation Plan Cc: Karen Higgins Sincerely Lin Xu North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director MEMORANDUM: TO: FROM: SUBJECT: NORTH CAROLINA Environmental Quality Debby Davis Lin Xu Payment of Permit Fee 401 Permit Application June 11, 2019 The Division of Mitigation Services (DMS) is implementing a mitigation project for Catbird Site Mitigation Project in Davie County (DMS IMS # 100022). 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 North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality June 11, 2019 Karen Higgins, 401 & Buffer Permitting Unit Supervisor Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 Re: Permit Application- Catbird Site Mitigation Project, Davie 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 Winston-Salem 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 North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 `Oclgp �dd�4rFR�G P 'Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? Q Yes ❑ No 1 d. 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 ❑ Yes ❑X 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. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Catbird 2b. County: Davie County 2c. Nearest municipality /town: Bermuda Run 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Dwight Sparks 3b. Deed Book and Page No. 157/822 3c. Responsible Party (for LLC if applicable): 3d. Street address: 231 Hidden Creek Drive Advance, NC 27006 3e. City, state, zip: 3f. Telephone no.: 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 Q Other, specify: Permittee, DMS 4b. Name: 4c. Business name (if applicable): Lin Xu NC Division of Mitigation Services 4d. Street address: 217 W Jones Street Raleigh, NC 27603 4e. City, state, zip: 4f. Telephone no.: 919-707-8319 4g. Fax no.: lin.xu@ncdenr.gov 4h. Email address: 5. Co-Applicant 5a. Name: Bradley Breslow 5b. Business name (if applicable): RES 5c. Street address: 302 Jefferson Street, Suite 110 5d. City, state, zip: Raleigh, NC 27605 5e. Telephone no.: 919-209-1062 5f. Fax no.: 5g. Email address: bbreslow@res.us Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 5853633218 1 b. Site coordinates (in decimal degrees): Latitude: 36.030644 Longitude: -80.500865 1 c. Property size: 6.52 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Yadkin River 2b. Water Quality Classification of nearest receiving water: Class C and WS -IV 2c. River basin: Yadkin River Basin - 03040101 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: See the Supplemental Information and the existing conditions maps (Figure 1: Project Service Area and Vicinity Map, Figure 2: USGS Map, Figure 3: Existing Conditions Map, Figure 4: NRCS Soils Map, Figure 5: NWI Map, and Figure 6: FEMA Map). 3b. List the total estimated acreage of all existing wetlands on the property: 0.04 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,282 3d. Explain the purpose of the proposed project: See Supplemental 3e. Describe the overall project in detail, including the type of equipment to be used: See Supplemental 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 Dhases) in the oast? 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Yes ❑ No ❑ Unknown Comments: Q Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: RES Name (if known): RES - Jeremy Schmid Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A preliminary jurisdictional determination (PJD) request was sent to the USACE on October 27, 2017 and a final PJD was received on March 1, 2018. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 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. El Yes ❑x ❑ Yes ❑X Page 3 of 10 PCN Form — Version 14 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Q Wetlands 2. Wetland Impacts ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction If there are wetland impacts proposed on the site, then complete this question Tor eacn wetiana area impactea. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) TemporaT Corps 0.024 W1 T Stream Restoration Headwater Wetland Yes W2 P Stream Restoration Headwater Wetland Yes Corps 0.007 W3 T Stream Restoration Headwater Wetland Yes Corps 0.007 W4 P Stream Restoration Headwater Wetland Yes Corps 0.003 W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.041 2h. Comments: Wetland impacts associated with restoration efforts occurring adjacent to the existing wetlands will be minimized by the restoration plan. Creating a new stream channel will only impact wetlands slightly and will provide an overall increase in wetland function with the addition of native trees and shrubs along the stream banks. 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. 3b. 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 P Stream Restoration DS2-13 PER Corps 10.8 515 S2 P Stream Restoration DS2-B PER Corps 10.8 522 S3 P Stream Restoration DS1 INT Corps 5.2 300 S4 P Culvert DS1 INT Corps 5.2 8 S5 P Stream Restoration DS1 PER Corps 5.2 690 S6 Choose one - 3h. Total stream and tributary impacts 2,035 3i. Comments: Permanent impacts due to the relocation of the stream to natural valley will provide a net gain in ecological function to streams. Active pasture is located adjacent to these reaches. Restoration along these reaches will address channel degradation and bank erosion caused by cattle access. The culvert impact within the easement break on DS1 entails the replacement of a 12 ft. 24" metal pipe with 20 ft. 36" RCP, resulting in 8 ft. of impact. 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 individually list all open water impacts below. 4a. 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 01 - Choose one Choose 02 - Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. _ 5a. I 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres)1 Stream Impacts (feet) Upland purpose of pond I (acres) Page 5 of 10 Flooded 1 Filled Excavated Flooded Filled _Excavated P1 Choose one P2 Choose one 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) 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. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number — mitigation impact impact Permanent (P) or required? (square (square Temporary(T; feet) feet B1 - - _ Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No Yes/No B6 - 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See supplemental 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See supplemental 2. Compensatory Mig ation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 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: ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type: Choose one Quantity: Type: Choose one Quantity: Type: Choose one Quantity - 4. Como lete if Makinq a Pavmentto In -lieu Fee Proqram 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: ❑ 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) 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. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 1 1 b. If yes, then is a diffuse flow plan included? If no, explain why. In the Yadkin River Basin. Not within a protected NC Riparian Buffer river basin ❑ Yes ❑X No ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes 0 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No increase in impervious surface. 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 roject? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑Yes ❑ No []Coastal counties ❑ HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? , 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes Page 8 of 10 PCN Form —Version 14 January 2009 ❑ No ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the 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 (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 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? Q Yes ❑ No ❑ Yes ❑X No ❑ Yes ❑ No ❑Yes ❑X No ❑Yes ❑X 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 ❑X 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. 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 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 ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act to Yes ❑ No Impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC and Natural Heritage Program Database 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? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ 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? NC SHPO GIS Database and confirmation from coordination with SHPO. 8. Flood Zone Designation (Corps Requirement) Sa. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes © No Sb. If yes, explain how project meets FEMA requirements: Sc. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer Firm Panel 371 D584200L eff. 5!18/2009 Lin Xu Applicant/Agent's Printed Name Bradley Breslow Co -Applicant's Printed Name ApplicantlAgent's Signature Date (Agent's signature Is valid only Van authorization letter from thea � 6cant is rovided. Date Co Applicant's Signature Page 10 of 10 PCN Supplemental Information — Catbird Mitigation Site 5 PCN Supplemental Information Catbird Mitigation Site Nationwide Permit 27 Pre -Construction Notification Name and address of the Applicant: NC Division of Mitigation Services c/o Lin Xu 217 W Jones Street Raleigh, NC 27603 Resource Environmental Solutions c/o Bradley Breslow 302 Jefferson Street. Suite 110 Raleigh, NC 27605 PCN Supplemental Information - Catbird Mitigation Project B. Proiect Information and Prior Proiect History 3. Proiect 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 ai plication: The Catbird Mitigation Site is a stream mitigation project located within a primarily rural watershed in Davie County, North Carolina. The Site is located within the Yadkin River Basin (HUC 03040101) and in the Turner and Hauser Creeks Watershed (03040101160010), a Targeted Local Watershed (TLW). The Turner and Hauser Creeks Watershed encompasses 21 square miles of watershed area. Within the 53 -acre drainage area of the project, the primary land use within the drainage area consists of approximately 54 percent pasture, 16 percent forest, 14 percent residential, 12 percent row crop, and four percent impervious surfaces. Currently the Project area has an absence of riparian buffers, bank erosion, sediment deposition, channel incision, cattle access the streams, and the historic land use has led to channelization. The Project area is comprised of a single easement area along two unnamed tributaries that eventually drain into the Yadkin River. The Project is split into three reaches (DS1, DS2-A, DS2- B), totaling 2,282 linear feet. The Project totals 6.52 -acres of easement area that will protected in perpetuity. There is one easement break in the Project to accommodate a farm crossing. Reach DS1 Reach DS1 is a gravel channel that flows to the east and has moderate to high sediment load. This reach begins just downstream of the confluence of two ephemeral channels. The reach is severely incised and/or over widened, both laterally and vertically unstable and is impacted by cattle throughout. Bedrock does not currently influence the channel profile and is therefore not expected to arrest its current degradation. The riparian buffer is in poor condition and is a mix of young hardwoods, evergreens, scrubby vegetation, and pasture grasses. Reach DS2-A Reach DS2-A, an intermittent channel, flows in an easterly direction through an active pasture and has a moderate sediment load. Channel incision increases as the channel approaches the reach break with Reach DS2-B. The channel exhibits localized areas of vertical and lateral instability and the streambed is comprised of silt, sand, and gravel. Bedrock does not currently influence the channel profile and is therefore not expected to arrest its current degradation. The riparian buffer is in poor condition and is a mix of pasture grasses and some woody vegetation that lines the channel banks. Reach DS2-13 DS2-B is an incised and degraded, coarse sand bed stream with a moderate to high sediment load. Livestock have direct access to the channel, and the resulting impacts have severely degraded the channel banks. Bedrock was observed providing grade control in one location along this reach; however, the majority of the reach does not contain bedrock and therefore continues to degrade. The riparian buffer is in poor condition with few mature trees located along the top of banks. PCN Supplemental Information - Catbird Mitigation Project 3d. Explain the purpose of the or000sed oroiect. The objective for this restoration project is to restore and design natural waterways with the appropriate cross-sectional dimension and slope that will provide function and meet the appropriate success criteria for the existing streams. Accomplishing this objective entails the restoration of natural stream characteristics, such as stable cross sections, planform, and in - stream habitat. The floodplain areas will be hydrologically reconnected to the channel to provide natural exchange and storage during flooding events. The design will be based on reference conditions, USACE guidance, and criteria that are developed during this project to achieve success. Additional project objectives, such as restoring the riparian buffer with native vegetation, ensuring hydraulic stability, and treating invasive species. 3e. Describe the overall project in detail. including the type of epuipment to be used. The Project will include Priority I Restoration, Priority II Restoration, and Enhancement Level ll. Stream restoration will incorporate the design of a single -thread meandering channel, with parameters based on data taken from reference sites, published empirical relationships, regional curves developed from existing project streams, and NC Regional Curves. Analytical design techniques were also a crucial element of the project and were used to determine the design discharge and to verify the design as a whole. The Project design approach began with a thorough study of existing conditions, including the on- site streams, valleys, and watershed. Design parameters, including active channel, habitat and floodplain features were developed from analyses performed on the reference site data. Analytical design techniques were used to determine the design discharge and to verify the design as a whole. Engineering analysis were performed using various hydrologic and hydraulic models to verify the reference reach -based design. A combination of methods was used to estimate bankfull flows, and flows corresponding to other significant storm events. A HEC -RAS model was used to simulate water surface elevations of flows generated by the hydrologic analysis. The development of the HEC model is an important component to the design; therefore, model input parameters are field verified when possible. Through this hydrologic analysis, the design discharge (typically referenced as bankfull or dominant discharge) was determined. The subsequent design was based on this calculated discharge. As part of the design process, a qualitative analysis of sediment supply was performed by characterizing watershed conditions. A combination of windshield surveys, existing land use data, and historical aerial photography, followed up by ground truthing, was analyzed to assess existing and past watershed conditions and to determine if any changes occurred that would significantly impact sediment supply. Design parameters developed through the analyses of reference reach data, watershed characterizations, and hydrologic and hydraulic modeling were confirmed using the Stable Channel Design function and/or the Sediment Transport Analysis components within HEC -RAS in conjunction with shear stress and velocity analyses. Geomorphic and habitat studies were performed concurrently with the engineering analyses. While stream design was verified by simulations of hydrology and fluvial processes, analogs of desirable habitat features were derived from reference sites and integrated into the project design. Both in -stream and riparian habitat features were designed. In -stream structures will be used throughout the project to act as grade control and for bank stabilization by dissipating and PCN Supplemental Information - Catbird Mitigation Project redirecting the stream's energy. Bank stability may further be enhanced through the installation of brush mattresses, live stakes and cuttings bundles. Sections of abandoned stream channel will be backfilled with material excavated from onsite to the elevation of the floodplain in areas adjacent to the new channel, installing channel plugs where necessary. Due to the Priority II approach on some reaches, excess cut material is expected. RES has performed a preliminary quantity estimate and has developed an onsite disposal plan that will satisfy landowner requirements. The floodplain will be planted with native species creating a vegetated buffer, which will provide numerous water quality and ecological benefits. Stream banks will be stabilized using a combination of grading, erosion control matting, bare -root plantings, native material revetment techniques (i.e., bioengineering), structure placement, and sod transplants where possible. The stream and adjacent riparian areas will be protected by a minimum 50 -foot conservation easement which will be fenced to exclude livestock as needed. In conjunction with the stream restoration, adjacent wetland hydrology will be enhanced through raising the channel bed. No wetland mitigation credits will be generated from the enhancement of these wetland areas; however, the enhancement and protection of these currently degraded wetlands will store excess water during flood events, prevent erosion of stream banks, and reduce in -stream sedimentation and nutrients. The Project has been broken into the following design reaches: Reach DS1— Priority I and II Restoration is proposed for Reach DS1. The upstream portion of this reach will require Priority II floodplain excavation as the profile transitions from the existing entrenched channel to the proposed Priority I channel at the downstream end. To reduce the potential of lost hydrology the transition from Priority II to Priority I will take place of several hundred feet and will include multiple channel plugs. Both in-line and offline restoration is proposed, and locations will be driven by valley constraints. In -stream structures such as rock sills, log sills and cross vanes will be installed for vertical stability and to improve bedform diversity. The restoration of the riparian areas will include planting wider riparian buffers and excluding cattle. An agricultural BMP will be installed at the upper end of the reach to provide sediment load attenuation from the adjacent pasture. Reach DS2-A — Enhancement Level 11 is proposed for Reach DS2-A. Enhancement activities will include livestock exclusion and riparian buffer plantings. Livestock fencing will follow current NRCS specifications. Reach DS2-B —A combination of Priority I Restoration and Enhancement Level II is proposed for Reach DS2-B. Restoration activities will realign the existing channel to improve stability and floodplain connection. Rock and log structures will be used to provide vertical stability and improved bedform diversity. Log toe structures will be installed on the outside of certain meander bends to provide bank stability. The restoration of the riparian areas will include planting wider riparian buffers and excluding cattle. The Enhancement Level II portion of the reach contains a diverse channel bed profile, and this portion of the reach does contain localized areas of bank erosion caused by hoof shear. The Enhancement of this reach will involve livestock exclusion and buffer planting. PCN Supplemental Information — Catbird Mitigation Site D. Impact Justification and Mitigation 1a. Specificafly describe measures taken to avoid or minimize the pnoposed im acts in deslpninp Droiect: Due to the nature of this project, complete avoidance is not possible. Both stream and wetland impacts were considered when designing the Catbird Mitigation project. This project should uplift the ecological quality of streams and wetlands on site. The existing project channel length is 2,282 LF. The proposed project will result in 2,233 LF of stream (see table below). The reason it appears that stream length is "lost" is because the natural channel design relocates streams to their natural valley, which results in some overall shortening. Also, the culvert replacement is longer than the existing culvert, resulting in an additional eight feet of stream loss. Stream Mitigation Proposed Reach Mitigation Type Existing Length (LF) Proposed Length (LF) DS1 (Upper) Restoration 300 288 DS1 (Lower) Restoration 668 661 DS2-A Enhancement II 78 78 DS2-B (Upper) Restoration 515 526 DS2-B (Middle) Enhancement II 181 159 DS2-B (Lower) Restoration 522 511 TOTALS 2,282' 2,2332 1 - This total adds 18 ft. of stream within the DS1 easement break that are not contained within the existing 12 ft. culvert. 2 — This total adds 10 ft. of stream within easement break that are not contained within the proposed 20 ft. culvert replacement. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techni ues: Impacts are minimized using a staged construction approach. Where possible the channel will be constructed prior to turning stream flow into a segment. This approach allows minimization of the impact of each stage during the project construction. Additionally, all work in wetlands and streams will be conducted during dry conditions and/or with mats to protect soil structure. Efforts will be made to preserve individual high value trees located within the stream restoration area. ap.tw— Ro e Hauser Creek Mitigation Site Easement -RodfWd Rn Q Ocr� Catbird y Mockingbird Mitigation Site Mitigation Site Easement Easement S i Scout Mitigation Site Easement 5n„1 , n,, .l: a z rim 3 a p 0 �• �� irotn if fIt 11e a ural Hall Catbird Mitigation Site adk}rn+illr: � } G � - LewislrlNe •t' a Wh s, 5G1 • Y�—.. - Legend _ Proposed Easement - Scout Easement ; Mockingbird Easement - Hauser Creek Easement oekultle aot TLW - 03040101160010 J u: E Service Area - HUC 03040101 kc i N Date: 12/14/2018 Figure 7 - Vicinity Map w E Drawn by: SCF Catbird Mitigation Site s 0 500 1,0W I Checked by: MDE res Davie County, North Carolina 0 Feet I 1 inch = 1,000 feet ,r a zq YA v K41 N 40 { n 4. * NJ Ok •tip �� ! �� �. �� � .,`` l \�. DS a 26 acf 4 .� : i - — � • � i rrrr�l 1 - s N � fir' ! �1 A • � ■. "� � � f 1 6 t 1 f IL—T I IN , Legend Proposed Easement g Drainage Areas ' - V i_': - r� I N Figure 2 - USGS Map Date: 12/14/2018 6gw-w e Drawn by: SCF res Catbird Mitigation Site s Checked by: MDE 0 1,000 2,000 Davie County, North Carolina 1 inch =2,000feet � F •n �•b X11 Legend y� Proposed Easement ® Existing Wetlands► `w ` Parcels r _ 1 ' Existing Streams - a N Figure 3 - Existing Conditions Map Date: 12114/2018 "_+ 0 r 200 Drawn by: SCF 0 10Catbird Mitigation Site Chocked by: MDE res - Davie County, North Carolina 1 inch= 200 feet SC ` z r .. 1 1 455 GnB 2 7 PA yy , 0 AL L� Legend Catbird Easement` Figure 4 - NRCS Soils Map Date: 11712019 w B e Drawn by: M DD r e s Catbird Mitigation Site 0 250 500 Checked by: BPB Davie County, North Carolina I Inch = 500 feet U"6 -AL wq� F—ICatbird Easement MIII, � NWI Wetlands (None) OIL r --I r VIA y r s.w Legend „►�'.fr- x Catbird Easement FEMA Zone AE (None) "Date: 1 19/2019 Figure 6 -FEMA Map W E Drawrby: SCF res S Catbird Mitigation Site Checkea by: BPB MOW 0 ?00 200 Davie County, North Carolina t inch = 200 feet Aquatic Resources Table - Revised Post Survey Site Reach/Wetland IDI Latitude Longitude Length (LF) /Area (ac) Type Catbird WA 36.029294 -80.501398 0.01 Wetland Waters of the US Catbird WB 36.290760 -80.501420 0.03 Wetland Waters of the US Catbird DSI 36.031443 -80.500658 986 Non -Wetland Waters of the US Catbird DS2 36.028907 1 -80.50141 1296 Non -Wetland Waters of the US U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-01506 County: Davie U.S.G.S. Quad: NC -Farmington NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: North Carolina Department of Environmental Quality. Division of Mitieation Services Harry Tsomides Address: 5 Ravenscroft Drive, Suite 102 Asheville, NC 28801 Telephone Number: 828-545-7057 E-mail: harrv.tsomides ii ncdenr.eov Size (acres) 6_0 Nearest Town Mocksville Nearest Waterway Yadkin River River Basin U > >e� r Pee De USGS RUC 03040101 Coordinates Latitude: 36.0315 Longitude: -80.5007 Location description: The review area is located on the east side of Spillman Road, aiwroximatelr 1.3 miles north of the intersection of Spillman Road and NC -801. PIN: 585363218. Reference review area descri )tion shown in Jurisdictional Determination Packaue entitled "Potential Wetland or Non -Wetland Waters of the U.S. Man" and Printed Date of 09/29/2017. Indicate Which of the Followine AcplN. : A. Preliminary Determination ® There appear to be waters including wetlands, on the above described project area/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). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/29/2017. 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 appear to be waters including wetlands, on the above described project area/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 over all 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 including wetlands, on your project area/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 project area/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. ❑ There are waters including wetlands, on the above described project area/property 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 including wetlands, on your project area/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. SAW -2017-01506 The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA 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 including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on SURVEY SIGNED DATE. 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/property 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 Br. an Roden -Reynolds at 704-510-1440 or brr an.roden-reg nolds!&,usace.armv.mil. G Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 03/01/2018. D. Remarks: None. 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 (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: US Army Corps of Engineers South Atlantic Division Atli: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OMI 5 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: RODEN REYNOLDS.BRYAN.KENNETH. 1263385574 ON:o-US.e�I3.GovwnnmGwbo0.ou-VWowUSA, m-IWOEN IiEYNIXDSBRYANxEnrvElH.t]b33B55]. oa.: m,envx ,.aen a.nrc Date of JD: 03/01/2018 Expiration Date of JD: Not applicable SAW -2017-01506 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Pp=136:4:0 Copy furnished: Agent: Resource Environmental Solutions Jeremy Schmid Address: 302 Jefferson Street. Suite 100 Raleieh, NC 27605 Telephone Number: 919-926-1473 E-mail: 0schmid(bres.us SAW -2017-01506 TIFi 'ATION OF ADMiNISTRATIV'E APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: North Carolina De oartment of File Number: SAW -2017-01506 Date: 03/01/2018 Environmental QualilN. Division of Mitiestion Services Har • Tsomides Attached is: See Section below INITIAL PROFFERED PERMIT ( Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION 1 -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or 11RD r; %ti►,6 w.us&ace.al114� .fui1. A7i5s,ui,s (_ n iil`'tsr'I;s Re ulatoivf'ru ran�andl'ennits. x or the 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 Il 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 district engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW -2017-01506 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 and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 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 opportunih' to participate in all site investiations. Date: Telephone number: Si L3,ature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 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 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/01/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: North Carolina Department of Environmental Quality, Division of Mitigation Services, Harry, Tsomides, 5 Ravenscroft Drive, Suite 102, Asheville, NC, 28801 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Catbird Site, SAW -2017-01506 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the east side of Spillman Road, approximately 1.3 miles north of the intersection of Spillman Road and NC -801. PIN: 585363218. Reference review area description shown in Jurisdictional Determination Package entitled "Potential Wetland or Non - Wetland Waters of the U.S. Map" and Printed Date of 09/29/2017. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Davie City: Mocksville Center coordinates of site (lat/long in degree decimal format): Latitude: 36.0315 Longitude: -80.5007 Universal Transverse Mercator: Name of nearest waterbody: Yadkin River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 02/15/18 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to aquatic resources in which the aquatic resource Number Latitude (decimal Longitude (decimal review area (acreage resources (i.e., "may be" subject (i.e., degrees) degrees) and linear feet, if wetland vs. non- Section 404 or Section applicable wetland waters) 10/404) Wetland I36.029294 -80.501398 0.01 acres Wetland 1404 WA Wetland 36.029076 -80.501420 10.03 acres Wetland 1404 WB DSiStream 36.031451 -80.500724 1670 linear feet Non -wetland 404 Stream 36.030674 -80.499509 242 linear feet Non -wetland 404 DS1 Stream 36.028923 -80.501378 1,195 linear feet Non -wetland 404 DS2 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 AJD 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 AJD 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 will 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 AJD 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 PJD (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 requester: Map: Vicinity Map Dated 10/26/2017 ® 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. Rationale: ❑ 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: USGS Mal), 1:24.000 Farmington ® Natural Resources Conservation Service Soil Survey. Citation: Soils Map.., Soil Surve • of Davie Count ®National wetlands inventory map(s). Cite name: National Wetlands Inventory May, USFWS NWI Mapper Dated 10/26/2017 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Potential Waters of the U.S. Mao Dated 09/29/2017 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 necessarib been verified by the Co!Ms and should not be relied upon for later 'urisdictional determinations. RO D E N Digitally signed by RODEN REYN OLDS.B RYA N.KENN ETH.1263385574 REYNOLDS. BRYAN. KE ou=PKl,ou=USA,cn=RODENt,ou=DoD, NNETH.1263385574 REYNOLDS.BRYAN.KENN ETH.1263385574 Date: 2018.03.2614:28:09-04'00' Signature and date of Regulatory staff member completing PJD 03/01/2018 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. rWoor� yv*N kyunaD au.vp apg uogerm WW Pj!gleo dew 'S'n a41►u -GQBM Pue9sM-uON Jo PuepaM 1e1;usVd _ saiw w � o ¢ c o 4 w AL. � dt AL Ole" glL,v K dt AL Ole" glL,v