20211323 Ver 1_ePCN Application_20210902

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
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?*
r Yes r No
Change only if needed.
BIMS # Assigned
20211323
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:eads\hasnider
Information for Initial Review
la. Name of project:
COURTESY COPY CAPE FEAR SOLAR
1a. Who is the Primary Contact?*
JAMES H FENTRESS JR
1b. Primary Contact Email:*
[e-mail]
Date Submitted
9/2/2021
Nearest Body of Water
CAPE FEAR RIVER
Basin
Cape Fear
Water Classification
SW
Site Coordinates
Latitude: Longitude:
34.22342 77.94658
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID# Version
Pre -fling Meeting or Request Date
Attach documentation of Pre -Filing Meeting Request here:
dick the upload button or drag and drop files here to attach document
File type rust be FCF
1a. 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)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
fJ 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 W 401 Water Quality Certification - Express
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual 401 Water Quality Certification
le. Is this notification solelyfor the record because written approval is not required?
For the record onlyfor DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
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
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
11. 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:
LE DOME HOLDINGS, LLC
2b. Deed book and page no.:
DB5845 PG629
2c.Contact Person:

JOHN DONOHUE
2d.Address
Street Address
910 MARTIN STREET UNIT A
Address tine 2
City
State / Rmince / Regim
WILMINGTON
NC
Postal / Zip Code
Country
28401
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
JAMES H FENTRESS JR PE, PLS
3b. Business Name:
STROUD ENGINEERING, PA
3c.Address
Street Address
102 SUITE D CINEMA DRIVE
Address tine 2
(Sty
State / Rwince / legion
WILMINGTON
NC
Postal / Zip Code
Country
28403
USA
3d. Telephone Number: 3e. Fax Number:
[phone] [phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
JAMES H FENTRESS JR
4b. Business Name:
STROUD ENGINEERING, PA
4c.Address
Street Address
102 SUITE D CINEMA DRIVE
Address tine 2
City
State / Rwince / legion
WILMINGTON
NC
Postal / Zip Code
Country
28403
USA
4d. Telephone Number: 4e. Fax Number:
[phone] [phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
ff appropriate)
1c. Nearest municipality/ town:
CITY OF WILMINGTON
2. Project Identification

2a. Property Identification Number:
2b. Property size:
R05413-002-002-000
2c. Project Address
Street Address
910 S. 2ND STREET
Address tine 2
City
State / Province / Region
WILMINGTON
NC
Postal / Zip Code
Country
28401
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
CAPE FEAR RIVER
3b. Water Resources Classification of nearest receiving water:*
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.
0303003030005
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The 2.6 acre property is within a historical Wilmington city block at the foot of the Cape Fear Memorial Bridge coming into Wilmington. The property is bounded by Front, Second, Wright
and Dawson Streets. The property has eighteen feet of topography across Kureb sands that sump in an area that has been delineated as wetlands. This area is poorly drained to the
City of Wilmington storm drain system by a pipe that runs under Dawson Street. This property has most recently been used as an inert debris landfill. The majority of these debris have
been removed by and in preparation for this development. The adjoining properties are primarily residential however a new storage warehouse and fuel depot are to the east and west
respectively.
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
4f. List the total estimated acreage of all existing wetlands on the property:
0.06
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The proposed project proposes to address a Soil Erosion and Sedimentation compliance issue by temporarily impacting 2500 square feet of delineated wetlands.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Cape Fear Solar is a proposed commercial retail and mixed use development proposed as infill in historic Wilmington. The project will include a warehouse to stage Cape Fear Solar
Systems trade crews, an office building for Cape Fear Solar administrative and design staff as well as to provide rental space for other businesses, a net zero orientation house to
exhibit how solar can be the sole energy source for residential single family housing and lastly three mixed use buildings that were required to comply With the City of Wilmington UMX
zone. Those buildings will likely be commercial on the ground with residential above. The project will be developed with conventional site grading and construction materials and
equipment. The development proposes a large storm water infiltration gallery system that Will perpetuate recharge of the small wetland. The upland area belowthe retaining wall, just
uphill of the wetland and presently proposed for sediment storage through construction will likely convert to wetlands once the site development is complete as that area remains at
elevation near that of the Wetland.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): GENE YOUNG
Agency/Consultant Company: APPLIED RESORCE MANAGEMENT
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR

6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
6b. If yes, explain.
There are three phases proposed. The first phase includes the warehouse and the office as well as all of the site grading and infrastructure to enable the future phases without
disruption of the then wasting improvements. Phase 2 is the net zero house and phase 3 the mixed use buildings.
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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Impact
Jurisdicition*(?)]2g.
area*
1 to address erosion T Seep 404 Yes Both 0.056
control compliance (acres)
issue
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.056 0.000
2g. Total Wetland Impact
0.056
2i. Comments:
Wetland will be restored upon site stabilization
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Wetland is so small and adjacent the overall site discharge it is hard to avoid. The impacts are therefore proposed to be temporary.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Wetland is so small and adjacent the overall site discharge it is hard to avoid. The impacts are therefore proposed to be temporary.
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:
presumed not required given temporary and minimal size
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?
r Yes r No
If no, explain why:
The project is not adjacent a NC Riparian Buffer
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)?
v

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
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
W Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
City of Wilmington
Comments:
Project proposes and is permitted for two stormwater infitration galleries to comply with both the NCDEQ and City of Wilmington requirements
G. Supplementary Information
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 (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.
No other or additional vetlands ebst on the site
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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.
Sewer from this project has been permitted by the Cape Fear Public Utility Authority. The flowvrill be received at their Southside wastewater treatment
plant.
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
Sh. 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
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?

hftps://ecos.fvos.gov/ecp/report/table/critica1-habitat.html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes f• No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NCDEQ Water Resources Water Planning Section
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?*
https://nc.maps.arcgis.com/apps/vvebappviewerlindexhtml?id=1 e75810952a7410c8l bee55963l e03d7
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FIRM PANEL 3720311700L
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.
dick the upload button or drag and drop files here to attach document
CAPE FEAR SOLAR PCN COVER.pdf 10.81 MB
File crust be FOF a K,&
Comments
Signature
*
W 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:
JAMES H FENTRESS JR
Signature
Date
9/2/2021

'jA\ STROUD ENGINEERING, PA.
CONSULTING ENGINEERS
102D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
W W W.STROUDENGINEER.COM
LICENSE NO. C-0647
September 2, 2021
NCDEQ
Division of Water Resources
Attn. 401 and Buffer
1 �7 Cardinal Drive
Wilmington, North Carolina 28405
R�: Cape Fear Solar
PCN for temporary wetland impacts
To Whom it may Concern,
This letter is intended as introduction to the PCN which it accompanies together
with the attached consultant's vyetland deline tion and the $ite Plan for development of
thin Cape Fear Solar project in the City of Wilmington. This is an infill project bounded
by four historical streets at the foot of the Cape Fear Mem rial Bridge ipto Wilmington.
Phase 1 is in progress. � large retaining wall and preliminary grading are in place. A
Soil Erosion and Sedimentation Control permit non compliance needs to be addressed.
Tl a retaining wall now complicates this address. We are proposing temporary impact
of 2500 square feet to mitigate the issue. The wetland!, will be restored to original
character once the site is stabilized.
The contractor desires to get started as soon as possjble. Let me know if there is
anything else that is needed in this regard.
Thin
Ja es Fentr s r. PE, PLS
Attachments
JHF/ft
File W:\master\PW1328\ sw&ec\NOV COVER.doc
1078 COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET
GREENVILLE, NORTH CAROLINA 27858 WILMINGTON, NORTH CAROLINA 28403 MOREHEAD CITY, NORTH CAROLINA 28557
252.756.9352 910.815,0775 252.247,7479

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Preliminary Wetland Boundary -Flagged Al -All
(Approximate)
Note: 1. Wetland delineation done in accordance with US Army Corps of Engineers Wetland Delineation Manual (1987 manual) and
the Atlantic and Gulf Coastal Plain Regional Supplement.
2. Wetland boundary has not been surveyed. Location shown is to be considered approximate. It is recommended to survey the
flagged wetland boundary prior to site specific planning or site modification.
3. Wetland area shown has not been reviewed by the US Army Corps of Engineersand is to be considered preliminary. It is
recommended to have the USACE review the preliminary wetland area prior to site specific planning or site modification if
encroachment is proposed.
from previous su"ev by Stroud
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P.A. dated 218/18

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