20090587 Ver 3_ePCN Application_20210908

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
20090587
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
'Information for Initial Review
la. Name of project:
The Landing at Mill Creek
la. Who is the Primary Contact?*
Dana A. Lutheran
1b. Primary Contact Email:*
[e-mail]
Date Submitted
9/8/2021
Nearest Body of Water
UT to Mill Creek
Basin
White Oak
Water Classification
SA;HQW
Site Coordinates
Latitude: Longitude:
34.539398-77.440529
A. Processing Information
County (or Counties) where the project is located:
Onslow
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#*
3
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
Not Provided
Pre -fling Meeting or Request Date
7/22/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V 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?
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:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
Version
1
29 - Residential Developments
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:
49.42KB
r 401 Water Quality Certification - E>q)ress
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
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?
W 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:
NC HWY 210, LLC
2b. Deed book and page no.:
4043/6
r Yes r No
r Yes r No

2c. Contact Person:
Mark Thurmans
2d.Address
Street Address
5950 Berkshire Lane
Address tine 2
Suite 800
city
Dallas
Postal / Zip Code
75225
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Dana A. 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]
Slate / Province / Pagion
TX
Country
us
2f. Fax Number:
Slate / Province / Piegion
NC
Country
us
4e. Fax Number:
C. Project Information and Prior Project History t^�
1. Project Information
1b. Subdivision name:
(d appropriate)
Same
1c. Nearest municipality/ town:
Folly Ridge/Sneads Ferry
2. Project Identification
2a. Property Identification Number:
766-1.5 and 1.1
2c. Project Address
Street Address
Hwy 172 and 210
Address Line 2
city
Sneads Ferry
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT to Mill Creek
3b. Water Resources Classification of nearest receiving water:*
SA;HQW
2b. Property size:
307.6
Slate / Province / Pagion
NC
Country
us

3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020301
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 project site is located in a rural area of Onslow County, where single family, residential development is the primary land use. Currently, the project area is mostly wooded, with only
the proposed road beds cleared of woody vegetation. An unnamed tributary to Mill Creek runs the property line between the two tracts, and a Headwater Forest, which is the upper
reach of the UT, can be found at the entrance into the property, from Hwy. 172.
This project was started under Mill Creek Developers, LLC, in 2010, and received authorization to permanently impact 0.37 AC (8 separate impact areas), of non -riparian wetlands, for
the purpose of installing roads and infrastructure, throughout the subdivision (see Attached USACE NWP 29). However, the permits expired before all phases and subsequently all
authorized impacts were completed. Wetland impacts #1 - #5 have been completed (see Wetland Impact Map attached). Since then, the remaining unfinished phases were purchased
by the Applicant.
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
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
DWR Certification Unknown
USACE NWP 29 SAW-2007-02428
4f. List the total estimated acreage of all existing wetlands on the property:
96.56 (see LMG Wetland Boundary Map)
4g. List the total estimated linear feet of all existing streams on the property:
6100 (see LMG Wetland Boundary Map)
4h. Explain the purpose of the proposed project:*
The purpose of this project is to complete installation of infrastructure, within the Landing at Mill Creek Subdivision, which will service future homesites, within the subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
That being said, the project will consist of completing Impact #6 and #7, which will require permanently impacting 0.03 AC and 0.08 AC of non -riparian wetlands respectively. At impact
area #6, a 24" pipe will be placed at existing grade, to serve as a connection. Additionally, while pricing the cost of completing the installation of the roads and infrastructure, the
Applicant was informed the previously authorized bridge would need to meet fire and EMS bridge standards, which would render the structure infeasible. Therefore, the Applicant is
proposing to install an earthen causeway that will include 3 - 60" RCP culverts, with a 20' long energy dissipator. The 60" culverts, within the stream bed, will be buried at least 12" below
the existing grade, and the rock dissipator will be buried so that the top of the rock is at existing grade. Please see site plan for details.
Large machinery, such as dump trucks, backhoes, and front end loaders, will be used to complete the work and will be stored in uplands when not in use.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
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-2007-02428
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wes Fryar
Agency/Consultant Company: Land Management Group
Other:
C Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
Brad Shaver issued the AJD on 3/19/2018 and it is valid through 3/19/2023 (see attached).
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
6b. If yes, explain.
The Landing at Mill Creek is a residential subdivision that eras started in 2010. Since that time, the first and partof the second phases has taken place. Within those two phases, Impact
Areas 1-5 have been completed. Approval, for those impacts that are to take place within the remaining phases (i.e., Impact Areas 6, 7 and 9), is being sought with this application. No
additional impacts beyond those being requested herein are needed to complete the project.
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 USACE issued a NWP 29, on 1/25/2010, and authorized the permanent impacts to 0.37 acre and temporary impacts to 0.02 acre of non -riparian wetlands, for the installation of
infrastructure within the subdivision (see attached). it is assumed the DWR issued their corresponding Water Quality Certification for the same impacts. However, SEGi does not have a
copy of that authorization. No additional impacts, beyond those being requested herein, are needed to complete the project.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries ❑ Buffers
i- Open Waters F Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.
2d. W. name *
2s. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
6
Road Crossing
P
Headwater Forest
A
Yes
Both
0.049
(acres)
7
Road Crossing
P
Headwater Forest
A
Yes
Both
0.081
(acres)
=Rcad
Crossing
P
Headwater Forest
A
Yes
l
Both
]
0.200
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.330
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.330
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* S. name * 3e. Stream Type* [3fuType
. ofh * 3h3d.. Impact
(?) isdiction* length*
1 Permanent Culvert UT to Mill Creek :::Iff�]
Both 15 60
fl
Avenge(feet) (lir�rfeet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
60 0
31. Total stream and ditch impacts:
60
3j. Comments:
900 SF / 0.02 AC of stream impact is being proposed. No temporary impacts are anticipated.
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
it appears the original applicant only proposed impacting wetlands for the purpose of installing roads and infrastructure. However, the current
applicant had his engineer re-evaluate the previously authorized impacts to wetlands, that have not taken place, to see if they could be minimized or
avoided. By repositioning the road V-5, Impact #7 was been minimized and #8 eliminated. Additionally, the Applicant has incorporated retaining walls
at Impact #9, to eliminate the slope of the fill, in this area, reducing wetland impacts by 0.15 AC and stream impact by 0.007 AC (see attached Impact
#9 original impact map). Cumulatively, these efforts reduced wetland impacts by 0.309 AC and stream impact by 0.007 AC.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to construction, sediment and erosion control measures, such as silt fence, temporary sediment traps, etc., will be installed. Work within wetlands
and the stream will only take place during dry periods (i.e., not within 24 hours of rain event that is anticipated to or produces more than 1" of rainfall
within a 24 hour period). Al disturbed areas will be stabilized within 14 days of completing final grading.
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?
t^ Yes r No

2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The Special Conditions of the previously issued NWP 29 required the attached Declaration of Restrictions be recorded at the Onslow, County ROD, within 30 days of the date of the
permit. The preservation mechanism only applies to wetlands within lots and has been completed (see attached). In addition, payment to the Hofmann Forest Mitigation Bank, for 0.39
acre of non -riparian wetland restoration, within the White Oak River Basin. To our knowledge this has been fulfilled, but SEGi does was not furnished a copy of the receipt.
To offset the additional 0.04 AC or permanent riparian wetland impact and 60 LF (900 SF/0.02 AC) of permanent stream impact, needed to complete the project, the Applicant is
respectfully requesting the agencies consider the cost of installing the retaining walls, at Impact #9 and which minimized permanent wetland impacts, in this area by 0.30 AC, as
compensatory mitigation.
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:
This site is not located within one of NC's Riparian 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 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
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
rJ Local Government rJ State
Local Government Stormwater Programs
P Phase II r NSW r- USMP r- Water Supply
Please identifywhich local government stormwater program you are using.
Onslow County and NC DEMLR
State Stormwater Programs
r- Phase II rJ Coastal Counties
F HWQ or ORW r Other
Comments:
Stormwater permits are being sought concurrently with this application.
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 (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 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.
The proposed project will not provide access to currently land locked property.
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.
ONWASA
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 f• No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes f• 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 anytrees 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
51. 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?
SEGi is relying upon their knowledge of the area as well as the issuance of the previously issued NWP to determine the project is not likely to have
adverse affects on ES or DCH.
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?*
The project site is not located on 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? *
SEGi relied upon the issuance of the previous NWP, as well as the NC SHPO HPOWeb site, which does not depict any known archeological resources
within the project limits (see attached). This site is not located within a National Historic District.
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:
Impact Area 9 is located within the flood zone. The culverts have been designed to ensure they are adequate to convey flood waters.
8c. What source(s) did you use to make the floodplain determination?*
OnslowCounty GIS Flood Map
Miscellaneous
J
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.
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File rust be FLF or ME
Comments
Signature ^�
*
f7 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');
• understand that an electronic signature has the same legal effect and can be enforced in the same Way as a written signature; AND
• intend to electronically sign and submit the PCN form.
Full Name:
Dana Lutheran
Signature
Date
9/8/2021