20240217 Ver 1_ePCN Application_20240201

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20240217
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Wilmington Regional Office - [phone]
Holley Snider: Holley.Snider
Information for Initial Review
la. Name of project:
Alexandra Place
la. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/1 /2024
Nearest Body of Water
Motts Creek
Basin
Cape Fear
Water Classification
C;sw
Site Coordinates
Latitude: Longitude:
34.128144-77.915668
A. Processing Information -
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
401 Water Quality Certification - Express
Riparian Buffer Authorization
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Aftew Properties, LLC
2b. Deed book and page no.:
IDS 3497 PG 245
2c. Contact Person:
Dr. Arnold Sobol
2d.Address
Street Address
2020 Churchill Drive S
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28403
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Dana Lutheran
4b. Business Name:
Southern Environmental Group, Inc. (SEGi)
4c.Address
Street Address
5315 South College Road
Address Line 2
Suite E
city
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
1b. Subdivision name:
(If appropriate)
NA
1c. Nearest municipality / town:
Wilmington
2. Project Identification
2a. Property Identification Number:
R07500-001-003-000 and R07500-001-001-
2b. Property size:
000
30.0 +/-
2c. Project Address
Street Address
5950 River Road and the parcel just south of Motts Creek Bridge
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28412
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Motts Creek
3b. Water Resources Classification of nearest receiving water:
C;sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050702
4. Project Description and History

4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is located on the west side of River Road and adjacent to Motts Creek, which is classified as an inland waterbody that carries a 30' Area of Environmental Concern, by the NC
DCM (see attached). Swamp forest wetlands abut the uplands on the tract. The upland portion of the tract is wooded and has a thick understory. Residential is the main land use within the
vicinity of the project.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
10 Ac
4g. List the total estimated linear feet of all existing streams on the property:
2500 +/-
4h. Explain the purpose of the proposed project:
The purpose of this project is to provide housing in an area where the demand is high.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail permanently filling 0.098 acres of Swamp Forest, which is necessary to facilitate the development of a 63-unit, townhome community to be called Alexandra Place.
The impact will be distributed across 11 areas on the site and are mainly for building pads and road crossing (see attached site plan and Section D 2 for a summary of the proposed
impacts).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
The wetlands were last verified by Emily Hughes, with the USACE, in 2011.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2009-01847 expired 27 June 2016 (see attached).
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
The project is not part of a larger project and has independent utilities and access. Furthermore, separate and distant crossings were not needed to facilitate the project.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason (?)
2b. Impact type* M]2c.
Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area *
PI-1
Lot11 and Road
P
Bottomland Hardwood Forest
A
Yes
Both
0.034
Crossing
(acres)
PI-2
Lot B3
P
Ftt,mland Hardwood Forest
A
Yes
Both
0.000
(acres)
PI-3
Lot B5
P
Fttomland Hardwood Forest
A
Yes
Both
0.015
(acres)
PI-4
Lot B9 & 10
P
land Hardwood Forest
Fom
A
Yes
Both
0.000
(acres)
PI-5
Lot 1311 & 12
P
Bottomland Hardwood Forest
A
Yes
Both
0.006
(acres)

PI-6
Lot B19
P
Bottomland Hardwood Forest ��A
Yes
Both
0.010
(acres)
PI-7
Road Crossing
P
Bottomland Hardwood Forest
A
Yes
Both
0.003
(acres)
PI-8
Lot B27
P
Bottomland Hardwood Forest
A
Yes
Both
0.000
(acres)
PI-9
Lot B28
P
Fttomland Hardwood Forest
A
Yes
Both
0.025
(acres)
PI-10
Lot B40
P
Fttomiand Hardwood Forest
A
Yes
Both
0.002
(acres)
PI-11
Lot B40
P
fftomland Hardwood Forest
A
Yes
Both
0.002
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.097
2g. Total Wetland Impact
0.097
2i. Comments:
The table does not provide for impacts smaller than 0.001 AC. Permanent Impact (PI) areas 2 (14 SF/0.0003 AC), 4 (9 SF/0.0002 AC), and 8 (18
SF/0.0004 AC) amount to 0.0009 AC), and thus the total impact is 0.0979 AC or 0.098 AC.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the project, the applicant had the wetlands delineated and great effort was directed to designing the project to impact the least number
of wetlands as possible. This was undertaken by limiting the number of units and installing retaining walls. It is estimated that 0.20-acre of wetlands
impact has been avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to undertaking land disturbing activities, the wetland line will be marked, and silt fence installed along the line, as well as installation of other
sediment and erosion control best management practices. The measures will be inspected regularly. Work with in wetlands will only take place during
dry times.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Due to the de minims amount of wetland impact needed to facilitate the development, as well as the fact that stormwater runoff will be collected and treated prior to discharging offsite,
mitigation is not being proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is not located within one of NC's riparian buffer river basins
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?'�
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase 11 NSW USMP Water Supply

Please identify which local government stormwater program you are using.
New Hanover County pre -construction stormwater
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
The project is a high -density development, where stormwater will be collected and treated prior to discharging into downstream receiving water. The stormwater application is currently
being sought through the State. The permit will be in place prior to commencing with construction of built upon area.
G. Supplementary Information O
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The project will not provide access to currently land locked property. Furthermore, sewer and water lines are available off of River Road, thus no distant
crossings are necessary. Lastly, stormwater will be collected and treated before discharging into downstream receiving water during and after
construction.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
CFPUA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?"
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?"
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
SEGi utilized the USFWS IPaC to obtain the Official Species List (see attached), as well as the NLEB May Effect, Not Likely to Adversely Affect NLEB
Consistency Letter (see attached). It is was undetermined whether or not the project is within a consultation area, but SEGi completed the RCW
SLOPES form, which resulted in a finding of No Effect, due to lack of habitat (see attached). No critical habitat was identified in the species list.

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?'�
The project does not entail work within a waterbody that would support EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? "
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
NC HPOWEB 2.0 Map (see attached).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8b. If yes, explain how project meets FEMA requirements:
See attached floodplain development permit.
8c. What source(s) did you use to make the floodplain determination?"
NHC GIS Flood Map (see attached).
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Alexandra Place PCN Attachments 2-1-24.pdf 18.18MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Dana A. Lutheran
Signature
Date
2/1/2024