20171366 Ver 1_401 Application_20171214

Office Use Only
Corps action ID no.
DWR 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:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 12 and 14
1 c. Has the NWP or GP number been verified by the Corps?
❑Yes ®No
1d. Type(s) of approval sought from the DWR (check all that apply):
®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
because written approval is not required?
For the record only for DWR
401 Certification:
❑Yes ®No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
® Yes ❑No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below.
®Yes [:]No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑Yes ®No
2. Project Information
2a. Name of project:
Murrayville Road Subdivision (see Appendix A)
2b. County:
New Hanover
2c. Nearest municipality / town:
Wilmington
2d. Subdivision name:
NA
2e. NCDOT only, T.I.P. or state project no:
NA
3. Owner Information
3a. Name(s) on Recorded Deed:
D R Horton — Andy Mills, Land Development Manager (see Appendix B)
3b. Deed Book and Page No.
6081/2066 and 2059
3c. Responsible Party (for LLC if applicable):
NA
3d. Street address:
1121 Military Cutoff Road, Suite C-322
3e. City, state, zip:
Wilmington, NC 28405
3f. Telephone no.:
910.465.3167
3g. Fax no.:
NA
3h. Email address:
aemills(&drhorton.com
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4. Applicant Information (if different from owner) -
4a. Applicant is:
❑Agent ❑Other, specify:
4b. Name:
1 b. Site coordinates (in decimal degrees):
4c. Business name (if applicable):
1 c. Property size:
4d. Street address:
2. Surface Waters
4e. City, state, zip:
2a. Name of nearest body of water to proposed project:
4f. Telephone no.:
2b. Water Quality Classification of nearest receiving water:
4g. Fax no.:
2c. River basin:
4h. Email address:
3. Project Description
5. Agent/Consultant Information (if applicable)
5a. Name:
Dana Lutheran (see Appendix C)
5b. Business name (if applicable):
Southern Environmental Group, Inc. (SEGi )
5c. Street address:
5315 South College Road, Suite E
5d. City, state, zip:
Wilmington, NC 28412
5e. Telephone no.:
910.452.2711
5f. Fax no.:
910.452.2899
5g. Email address:
dlutheranAsezi.us
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
R03500-004-008-000 & R03500-004-010-000 (see Appendix B)
1 b. Site coordinates (in decimal degrees):
Latitude: 34.293134 IN Longitude: -77.858603 °W (Appendix C)
1 c. Property size:
45.0.+/-
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Smith Creek (see Appendix D)
2b. Water Quality Classification of nearest receiving water:
C;Sw
2c. River basin:
Cape Fear (0300300005)
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:
The site has several residential structures, a barn, and irrigation pond and soil roads existing on it. The northern and southern
portion of the property are wooded, while the middle of the property has been cleared of vegetation and used for farming and
other rural uses.
3b. List the total estimated acreage of all existing wetlands on the property: +/- 2.0 AC
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2500 LF
3d. Explain the purpose of the proposed project:
The purpose of this project is construct 89 lot, high density subdivision, within a rapidly growing area of New Hanover County,
North Carolina. Please see Appendix E for details.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project will consist of clearing and grading the land to support the construction of roads, infrastructure and residential
homes. Work within wetlands is proposed within 3 three areas on the site. Impact Area 1 entails installing sewer and water lines
and a road crossing, which will have a 9' wide x 2' 11" high by 32' long bottomless culvert, Impact Area 2 entails extending the
existing slope of the Murrayville Road, which is necessary to install a turning lane. This work consists of installing a 25 LF of 30"
RCP and 24 LF of 24" RCP and replacing and extending the existing Class A rip rap in this location. Impact Area 3 is associated
with the installation of an 8" sanitary sewer line under the stream. Heavy machinery, such as excavators, front end loaders and
dump trucks will be used. Clean earthen fill will be placed within the wetlands to serve as a road bed. Temporary impact areas
will be restored to their original grade and contour. See Appendix E for details.
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4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations
®Yes ❑No ❑Unknown
by the Corps or State been requested or obtained for
2a. Wetland impact number
Permanent (P) or Temporary (T)
this property/ project (including all prior phases) in
Comments:
the past?
2e. Type of jurisdiction Corps
(404,10) or DWR (401, other)
4b. If the Corps made the jurisdictional determination,
❑Preliminary ❑Final
what type of determination was made?
Bottomland Hardwood
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): David Scibetta
SEGi
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Final JD was issued by Emily Hughes, on 1/3/08, under USACE AID # SAW -2007-01119 (see Appendix F). That JD has since
expired. An Approved JD is being sought with this permit request (See Appendix G).
5. Project History
5a. Have permits or certifications been requested or
❑Yes ®No ❑Unknown
obtained for this project (including all prior phases) in
Bottomland Hardwood
the past?
404
5b. If yes, explain in detail according to "help file" instructions
6. Future Project Plans
6a. Is this a phased project?
❑Yes ®No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
®Wetlands ®Streams - tributaries ❑Buffers ❑Open Waters ❑Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. Wetland impact number
Permanent (P) or Temporary (T)
2b. Type of impact
2c. Type of wetland
2d. Forested
2e. Type of jurisdiction Corps
(404,10) or DWR (401, other)
2f. Area of impact (AC)
1(P)
Road Crossing
Bottomland Hardwood
Yes
404
2018 SF / 0.046 AC
1(T)
Utility Line
Bottomland Hardwood
Yes
404
2578 SF / 0.06 AC
2(P)
Road Crossing
Bottomland Hardwood
Yes
404
440 SF / 0.01 AC
3(T)
Utility Line
Bottomland Hardwood
Yes
404
1064 SF / 0.02 AC
2g(a). Total Permanent Wetland Impacts:
2458 SF / 0.056 AC
2g(b). Total Temporary Wetland Impacts:
2677 SF / 0.061 AC
2g(c). Total Wetland Impacts:
5135 SF / 0.12 AC
2h. Comments: Please see Appendix E for details of the impact areas. Temporary impact areas are to be returned to their
original grade and contour, stabilized with excelsior matting and allowed to re -vegetate naturally.
3. Stream Impacts
3a. Stream Permanent (P)
or Temporary (T)
3b. Type of Impact
3c. Stream Name
3d. Perennial (PER)
or Intermittent (INT)?
3e. Type of
Jurisdiction
3f. Average Stream 3g. Impact
width (FT) Length (LF)
2(P)
Road Crossing
Unknown Trib
PER
404
3' 23 LF
3(T)
Utility Line
Unknown Trib
PER
404
10, 45 LF
3h(a). Total Permanent Stream and Tributary Impacts 23 LF
3h(b). Temporary stream and tributary impacts 45 LF
3h(c). Total stream and tributary impacts 68 LF
3i. Comments: Please see Appendix E for details. The area of the stream that is to be temporarily impacted will be returned to its
original grade and contour and stabilized with jute matt. Work will only take place during dry periods and not with 24 hours
before or after a rain event that produces greater than 1/2" of rain within a 24 hour period.
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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. Open water impact number
4b. Name of water body
4c. Type of impact
4d. Water body type
4e. Area of impact (acres)
Permanent (P) or Temporary (T)
(if applicable)
01
4f. Total open water impacts
NA
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. Pond ID Number
5b. Proposed use or
5c. Wetland Impacts (AC) 5d. Stream Impacts (FT) 5e. Upland (AC)
purpose of pond
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
5f. Total:
NA
5g. Comments:
5h. Is a dam high hazard permit required?
[-]Yes ❑No If yes, permit ID no: NA
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWR)
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. Buffer Impact number
6c. Reason for Impact
6d. Stream Name
6e. Buffer Mitigation
6f. Zone 1 Impact
6g. Zone 2 impact
Permanent (P) or Temporary (T)
Required?
(SF)
(SF)
131
6h. Total Buffer Impacts:
NA
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
During the design phase, the Applicant explored different design and construction techniques to reduce impacts to wetlands and
streams. The Applicant chose to limit impacts to the resources for access and utility line crossings. In addition, the use of a
bottomless culvert and retaining walls has been incorporated into the site plan. The other Alternative design options have been
included on Sheet W-03 of Appendix E. In total, the Applicant avoided impacting 80 LF of permanent stream impact and 0.05
AC of permanent wetland impact. Deed notifications (see Appendix K) will be recorded on lots where wetlands extend into the
property boundary. This is meant to ensure that future lot owners do not impact the resources without prior USACE
authorization.
2b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Orange construction fencing will be installed along the wetland boundary to ensure that land disturbance does not occur within
wetlands that are not to be impacted. In addition, sediment and erosion control measures, such as silt fence and sediment traps,
will be installed to reduce the potential for sediment to discharge outside the project's limits of disturbance. Monitoring of these
measures will be performed on a regular basis.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
In conjunction with the cost of incorporating the bottomless culvert (i.e. - $47,000.00) to avoid impacting 80 LF of stream and
0.05 AC of bottomland hardwood forest, and the minimizing permanent wetland impacts to require less than 0.10 -acre the
Applicant is not proposing compensatory mitigation with this project.
2a. Does the project require Compensatory Mitigation for
❑Yes ®No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑DWR ❑Corps
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2c. If yes, which mitigation option will be used for this
project?
❑Mitigation bank
❑Payment to in -lieu fee program
❑Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
NA
4b. Stream mitigation requested:
NA
4c. If using stream mitigation, stream temperature:
NA
4d. Buffer mitigation requested (DWR only):
NA
4e. Riparian wetland mitigation requested:
NA
4f. Non -riparian wetland mitigation requested:
NA
4g. Coastal (tidal) wetland mitigation requested:
NA
4h. Comments
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.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
[-]Yes ®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.
Zone
6c. Reason for impact
6d. Total impact (SF)
Multiplier
6e. Required mitigation (SF)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
NA
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).
NA
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DEMLR)
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
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project??
-76%
2b. Does the project require a Stormwater Management Plan?
®Yes ❑No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
This is a high density subdivision, where stormwater runoff is collected through curb and gutter and treated via retention basins,
before discharging into adjacent surface waters.
2e. Who will be responsible for the review of the Stormwater Management Plan?
NC DEMLR
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3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
New Hanover County
®Phase II ❑NSW USMP
3b. Which of the following locally -implemented stormwater management programs apply (check
❑Water Supply Watershed
all that apply):
❑Other:
3c. Has the approved Stormwater Management Plan with proof of approval been attached?
❑Yes ®No
4. DEMLR Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
®Coastal counties ❑HQW
❑ORW ❑SL 2006-246
(check all that apply):
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
[—]Yes ®No
5. DWR 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
Coastal Land Design PLLC is preparing the State and County Stormwater plans and
®Yes ❑No
application
5b. Have all of the 401 Unit submittal requirements been met?
®Yes ❑No
F. Supplementary Information
1. Environmental Documentation (DWR Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of
❑Yes ®No
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
❑Yes [:]No
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.)
[—]Yes [—]No
Comments:
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 2H .0500), Isolated Wetland
Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards, or Riparian
®Yes ❑No
Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
®Yes ❑No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
During land clearing, the logging contractor inadvertently cleared and grubbed within wetlands that are currently under review
for authorization to fill. Immediately upon becoming aware of the work, the area was raked out, removing ruts, and then seed
and jute mat applied.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent
DWR policy. If you answered "no," provide a short narrative description.
The proposed development will not open up new land to be developed. The proposed impacts will be stabilized sufficiently to
ensure that erosion does not take place after work has been completed. Prior to conveyance of lots that contain wetlands in their
property boundaries, deed notifications will be recorded at the New Hanover County Register of Deeds, to ensure that
unauthorized impacts to wetlands do not take place after the lots have been conveyed.
4. Sewage Disposal (DWR 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.
Sewer services will be provided by CFPUA.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
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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.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
SEGi utilized the Natural Heritage Database to produce a list of potentially Threatened and/or Endangered Species and/or
Designated Critical Habitat (see Appendix H). The table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural
heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. In total,
eight (8) elements that would have the potential for being within the project limits were identified. Of those eight (8), five (5)
were federally listed as Threatened or Endangered, while the remaining three (3) were listed by the State of NC as Threatened
or Endangered. However, only one (1) the Northern Long-eared Bat (Myods septentrionalis) is the only species that may be in
the area of the proposed development and warrants further agency review. It is not anticipated that this project will have an
effect on the bat, as the majority of the area has already been cleared of large trees.
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 (EFH)?
The site is not located on a body of water that would support EFH (see Appendix I).
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 (e.g., National Historic Trust
[—]Yes ®No
designation or properties significant in North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The N.C. State Historic Preservation Office HPOWEB GIS Service was reviewed to determine if there were any historic or
archeological resources within the boundaries of the property. SEGi also submitted a request to the SHPO for their review.
Their response will be submitted upon receipt.
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:
Part of the project is within the AE and AE Floodway flood zones. However, the only impact within the flood zone is associated
with the proposed installation of the utility line (Impact Area 3).
8c. What source(s) did you use to make the floodplain determination?
The New Hanover County GIS Flood Map (see Appendix .n.
Dana A. Lutheran (SEGi)—
13 December 2017
Applicant/Agent's Signature
Applicant/Agent's Printed Name
Date
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