20200053 Ver 1_PCN Form Submission_20200108

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20200053
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Robb Mairs:eads\rlmairs2
Information for Initial Review
la. Name of project:
COURTESY COPY - 604 North Carolina Avenue
1a. Who is the Primary Contact?*
Kim Williams - Land Management Group
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1/8/2020
Nearest Body of Water
Atlantic Ocean
Basin
Cape Fear
Water Classification
SB
Site Coordinates
Latitude:
34.0247
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this project a public transportation project?*
r Yes r No
Longitude:
-78.9027
la. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
18 - Minor Discharges
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Kelly F. Rutherford
2b. Deed book and page no.:
2c. Responsible party:
2d.Address
Street Address
3524 Stancil Street
Address Line 2
City
Virginia Beach
Fbstal / Zip Code
23452
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rovince / Region
VA
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)

3a. Name:
Jim Cerniglia
3b. Business Name:
3c.Address
Street Address
609-A Piner Road; Suite #116
Address Lim 2
City
Wilmington
Fbstal / Zip Code
28409
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Land Management Group
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Fbstal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Signed Agent auth form.pdf
State / Province / legion
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
58.57KB
C. Project Information and Prior Project History U'
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Carolina Beach
2. Project Identification
2a. Property Identification Number:
2b. Property size:
R09013-007-010-000
0.1
2c. Project Address
Street Address
604 North Carolina Avenue
Address Lim 2
city
State / Province / legion
Carolina Beach
NC
Postal / Zip Code
Country
28428
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Atlantic Ocean

3b. Water Resources Classification of nearest receiving water:*
SB
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.
030300050704
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 lot is currently undeveloped and vegetated. Surrounding land use is residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Topo.pdf
191.41 KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils.pdf 114.66KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.02
4g. List the total estimated linear feet of all existing streams on the property:
WA
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a duplex within the lot to serve the residential housing needs of the community. Impacts are needed to construct the structure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project includes the construction of a three-story duplex on pilings, porches, and two driveways. The house and driveway footprint will be cleared of vegetation and fill material will
be brought into the site to level the area of disturbance. The home will then be constructed. Track hoe, loader, dump truck, bob cat, pile driver, and other standard construction
equipment will be used.
4j. Please upload project drawings for the proposed project.
Site Plan.pdf 304.51 KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
Action ID# SAW-2014-01862
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Rob Moul
Agency/Consultant Company: Land Management Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
Emily Hughes of the USACE issued the JD on 3/23/2015.
5d1. Jurisdictional determination upload
Rutherford Lots JD March 2015.pdf 304.3KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes f• 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?
No
[D. Proposed Impacts Inventory

1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands f Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
!a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) �2�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area
=fft
P Pine Flat WA Yes Both 0.020
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.020
2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.020
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Because of the small size of the lot, avoidance and minimization of the wetlands was not feasible. The house footprint is similar in size to other houses
in the neighborhood and lines up with the 20-ft front setback. Note that a small sliver of wetlands could remain along the back property line, but it
would be too small to provide any habitat or water quality benefit, especially considering surrounding development. Therefore, we are showing the
entire 0.02-acre pocket to be impacted.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be used during construction. Additionally, the applicant will obtain a stormwater permit prior to construction.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts are less than 0.1 acre
F. Stormwater Management and Diffuse Flow Plan (required by DWR) U
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?
r Yes r No
If no, explain why:
Site is located in Cape Fear River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r 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?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
r Local Government P State
State Stormwater Programs
r Phase II P Coastal Counties
r HWQ or ORW r Other
Comments:

Client is currently working on a stormwater plan that will direct stormwater to sheet flow from back of structure, then travel along sides of the lot, and terminate into ditch running parallel
to North Carolina Avenue.
G. Supplementary Information U
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r 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)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Project will not provide access or utilities to other sites.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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.
Lot will tie into municipal wastewater system.
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
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.?
r Yes r No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
604 NC Ave_ Percussive. pdf
63.78KB
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program website was reviewed to determine the known presence of federally listed species. No federally protected species
are known to occur within this site. The Atlantic sturgeon, shortnose sturgeon, West Indian manatee, sea turtles, and seabeach amaranth are known
to occur within one mile of the site, likely within the Atlantic Ocean and adjacent beaches. The site does not provide suitable habitat for these species.
Since the lot contain trees, if may support appropriate roosting habitat for the northern long-eared bat. Since no hibernacula or roosting trees are
known to occur in close proximity to the site, any effect to the species from tree clearing would be exempt per the 4(d) rule.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*

O Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH 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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The SHPO HPOWEB GIS website was reviewed. No historic or cultural resources were identified on or adjacent to the site.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
House w it be constructed on pilings and builder will ensure FEMA requirements are met.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Vicinity.pdf 467.59KB
Aerial2.pdf 176.13KB
Signature
W By checking the box and signing below, I certify that:
• 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:
Kimberlee C Williams
Signature
�nad�9/�n [?�dlvera•
Date
1/8/2020

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the 604 North Carolina Avenue project located in Carolina Beach, NC. All questions
regarding this project should be directed to Land Management Group.

Sincerely,

________________________________________
Applicant

_____________James Cerniglia______________
Print Name
____________________1/7/20_____________
Date
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604 North Carolina AveNew Hanover County, NC
January 2020LMG19.449 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 3Soils Map
L:\WETLANDS\2019 WETLANDS FILES\LMG19.449 ---604 NC Ave, Cerniglia\Maps
Boundaries are approximate and not meant to be absolute.Map Source: New Hanover County GIS Soils Data
0 200 400100Feet
Site
604 North Carolina AveNew Hanover County, NC
January 2020LMG19.449 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 2Topographic Map
L:\WETLANDS\2019 WETLANDS FILES\LMG19.449 ---604 NC Ave, Cerniglia\Maps
Boundaries are approximate and not meant to be absolute.Map Source: USGS Carolina Beach Topographic Quadrangle
0 200 400100Feet
Site
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan,Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand),NGCC, © OpenStreetMap contributors, and the GIS User Community
604 North Carolina AveNew Hanover County, NC
January 2020LMG19.449 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 1Vicinity Map
L:\WETLANDS\2019 WETLANDS FILES\LMG19.449 ---604 NC Ave, Cerniglia\Maps
Boundaries are approximate and not meant to be absolute.Map Source: World Street Map
0 1 20.5 Miles
Site
Esri, HERE, Garmin, (c) OpenStreetMap contributors
604 North Carolina AveNew Hanover County, NC
January 2020LMG19.449 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 42016 Aerial Photograph
L:\WETLANDS\2019 WETLANDS FILES\LMG19.449 ---604 NC Ave, Cerniglia\Maps
Boundaries are approximate and not meant to be absolute.Map Source: NC OneMap 2016 Aerial Photograph
0 50 10025Feet
Site
604 North Carolina Avenue
New Hanover County, NC

The project involves the construction of a residential house on pilings. A pile driver could be
used to install the pilings, which may be considered a percussive activity. This work will be
conducted as quickly as possible.
Figure 5
Site Plan
Map Source: Site plan provided by applicant
604 North Carolina Ave
New Hanover County, NC
January 2020
LMG19.449
www.lmgroup.net
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
Phone: [phone] Fax: [phone]
*Boundaries are approximate and are not meant to be absolute.
L:\WETLANDS\2019 WETLANDS FILES\LMG19.449 ---
604 NC Ave, Cerniglia\Maps
0 20 4010
Feet¯Map Source:
www.lmgroup.net
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
Phone: [phone] Fax: [phone]
*Boundaries are approximate and are not meant to be absolute.
Proposed
3-Story
Duplex
50’50’100’Proposed Wetland Impacts (0.02 acre)