20200661 Ver 1_401 Application_20200519

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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
20200661
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 - Treehouses on Kerr
1a. Who is the Primary Contact?*
Dana A. Lutheran
1b. Primary Contact Email:*
[e-mail]
Date Submitted
5/19/2020
Nearest Body of Water
Smith Creek
Basin
Cape Fear
Water Classification
c;sw
Site Coordinates
Latitude:
34.860
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
r Yes r No
Longitude:
-77.887
Is this project a public transportation project?*
r Yes r No
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)
Version#*
1
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
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 DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - Express
F- 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
1j. Is the project located in a designated trout watershed?
C Yes r No
F. Applicant Information
1d. Who is applying for the permit?
fJ Owner r 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:
CDM Developments, LLC
2b. Deed book and page no.:
6206 495
2c. Responsible party:
Mr. Chris Murray
2d.Address
Street Address
PO Box174
Address tine 2
city
Wrightsville Beach
Postal / Zip Code
28480
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
r Unknown
State / Rovince / Region
NC
Country
US
2f. Fax Number:
r Yes r No
r Yes r No
u

4. Agent/Consultant (if applicable)
4a. Name:
Dana A. Lutheran
4b. Business Name:
Southern Environmental Group, Inc.
4c.Address
Street Address
5315 South College Road
Address tine 2
Suite E
aty
State / Rwnce / Ibgim
Wilmington
NC
Rstal / Zip Code
Country
28412
US
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Signed Agent Auth.pdf 272.66KB
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(if appropriate)
NA
1c. Nearest municipality/town:
Wilmington
2. Project Identification
2a. Property Identification Number:
R04200-002-010-003
2c. Project Address
Street Address
1310 North Kerr Avenue
Address tine 2
CKY
Wilmngton
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Smith 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.
030300070808
4. Project Description and History
2b. Property size:
5.48 +/-
State / Ravine / Ibgion
NC
Country
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 undeveloped, wooded and is located in an area where residential is the general land use.
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
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).

This development activity was previously authorized twice (i.e. 2007 and 2016) and under Nationwide Permit 18 (USACE Action ID SAW-2006-00455-065), but the permits expired prior
to work being conducted. As a condition of 2007 NWP, the Applicant, Cherry Creek Developers, recorded the preservation exhibit (attached) and associated conservation declaration,
which placed all remaining wetlands into preservation. The site plan has not changed since it was originally submitted.
Project History Upload
Fowler Tract NWP 2016.pdf
1.51 MB
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)
USGS Map 2020.pdf 98.93KB
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 Map 2020.pdf 198.18KB
4f. List the total estimated acreage of all existing wetlands on the property:
1.6 acres
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of the project consists of constructing an 18 lot, residential subdivision, with associated roads and infrastructure, in a fast growing area of New Hanover County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
In order to facilitate the installation of a road, within the proposed 18-lot subdivision, approximately 0.023-acre (1,012 SF) of US Army Corps of Engineers' Section 404 wetlands Will
need to be permanently filled. Based upon the de minimis impact to wetland (i.e. less than 1/10th-acre) and the conservation of remaining wetlands that was fulfilled previously, the
Applicant is not proposing additional compensatory mitigation. The Applicant, at the USACE's previous direction, will erect a fence or fences along the wetland line(s), where wetlands
encroach into buildable lots, and will affix signage that indicates wetlands are present.
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No O 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:
SAW-2006-00455-065
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE JD expires Oct. 2021. See attached 2016 NAP
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r 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?
Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts

2a1 Reason (?) 2b. Impact type * M 2c. Type of W. * 2d. W. name * 2e. Forested* F2fTpe ofdicition*(?) area*
Rip Rap for Pipe P Pocosin C Yes Corps 0.023
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.023
2h. Comments:
2g. Total Permanent Wetland Impact
0.023
Temporary impacts are not anticipated with this project.
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the configuration of the wetland, impacting the feature is unavoidable. However, the Applicant has minimized the impacts by designing the road
to only nick the fringe of the wetland feature .
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence and other S&EC best management practices will be utilized during the construction of the roads and infrastructure. This is necessary to
ensure sediment does not discharge outside the limits of disturbance or into downstream receiving waters.
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?
f Yes
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Based upon the de minimis impact to wetland (i.e. less than 1/10th-acre) and the conservation of remaining wetlands, which was fulfilled previously, the Applicant is not proposing
additional compensatory mitigation. The Applicant, at the USACE's previous direction, will erect a fence or fences along the wetland line(s), where wetlands encroach into buildable lots,
and will affix signage that indicates wetlands are present.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
f Yes
r No
If no, explain why:
This 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?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
Local Government Stormwater Programs
W Phase II r- NSW F USMP r Water Supply
Please identify which local government stormwater program you are using.
New Hanover County
State Stormwater Programs
F Phase II
F- HWQ or ORW
R Coastal Counties
F- Other
Comments:
Stormwater, from this site, will be collected and diverted to two (2) dry ponds. The stormwater ponds will allow the project to meet the NCDEQ low density stormwater requirements, as
well as New Hanover County's pre- and post -construction storm ester requirements. The stormwater design is depicted on the site plan
G. Supplementary Information U
1. Environmental Documentation
1a. 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 (15ANCAC 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 f• 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.
This project has independent utilities and access, is not part of a Planned Unit Development, and does not require additional future impacts, to be
viable.
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.
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes f• 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
r 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPaC Information for Planning and Consultation
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?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
This site does not abut 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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Environmental review was previously conducted for this property, confirmed by the issuance of the 2007 NWP.
7c. Historic or Prehistoric Information Upload

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year flood plain?*
f Yes G No
8c. What source(s) did you use to make the floodplain determination?*
New Hanover County GIS Flood Map. No fill is proposed to be placed within wetlands that are located within the flood zone (see attached Flood Map).
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
Flood Map.pdf 176.64KB
-Signature U
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:
Dana A. Lutheran
Signature
Date
5/19/2020

5EG
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: (5.94 AC (C)) TR 2/PT TR 1 MOORE TRACT
LOT NO. PLAN NO.
STREET ADDRESS: 1310 N KERR AVE
ARCEL I.D. R04200-002-010-003
Property Owner: CDM DEVELOPMENTS, LLC
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on their behalf, in matters regarding areas of
environmental concern.
Property Owner's Mailing Address (if different than property above):
P.O. Box 174
Wrightsville Beach, NC 28480
Phone Number:
910-409-6851
Property Owner Authorized Signature
Chris Murray
Prin Name
ate tl
!Giiuthorized Signature
Dana A. Lutheran
Print Name
5/5/2020
Date

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