20210471 Ver 1_More Info Received_20210915

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
CYes r No
Change only 1 needed.
BIMS # Assigned* Version#*
20210471 1
Is a payment required for this project?*
6 No payment required
✓ Fee received
✓ Fee needed - send electronic notification
Select Project Reviewer*
Chad Coburn:eads\cccoburn
Information for Initial Review
1a. Name of project:
The Preserve at Kipling
la. Who is the Primary Contact?*
Garden Street Communities Southeast, LLC
Reviewing Office *
Fayetteville Regional Office - [phone]
lb. Primary Contact Email:* lc. Primary Contact Phone:*
zdaugherty©gardenstreetcommunities.com [phone]
Date Submitted
9/15/2021
Nearest Body of Water
Neills Creek
Basin
Cape Fear
Water Classification
Class WS-IV
Site Coordinates
Latitude:
35.4567
Pre -Filing Meeting Information
ID#
Pre -fling Meeting or Request Date*
3/1/2021
Longitude:
-78.8135
Attach documentation of Pre -Filing Meeting Request here:*
Not Required this is more information received.pdf
Version
1
35.43KB
A. Processing Information
County (or Counties) where the project is located:
Harnett

Is this a NCDMS Project
C- Yes f No
Is this project a public transportation project?*
C- Yes f No
la. Type(s) of approval sought from the Corps:
[7 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?*
C- Yes
G 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)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes F No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
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:
If. Is this an after -the -fact permit application?*
C- Yes f No
✓ 401 Water Quality Certification - Express
✓ Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
6' Yes C No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C- Yes r No
Acceptance Letter Attachment
lh. Is the project located in any of NC's twenty coastal counties?
CYes (7 No
1j. Is the project located in a designated trout watershed?
C- Yes a No
B. Applicant Information
Id. Who is applying for the permit?
[7 Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
6 Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Esplanade Communities of Florida, LLC
2b. Deed book and page no.:
DB 3840 PG 884
2c. Responsible party:
Zach Daugherty
2d. Address
(' Yes C- No
(' Yes C- No

Street Address
3000 Gulf Breeze Parkway
Address Line 2
aty State / Province / Region
Gulf Breeze Florida
Postal / Zip code Country
32563 United States
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Headwater Environmental, Inc.
4b. Business Name:
Paul Pascarosa
4c. Address
Street Address
1121 Military Cutoff Drive
Address Line 2
Suite C City
Wilmington
Postal / Zip Code
28405
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Agent Authorization.pdf
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
[phone]
324.86KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality/ town:
Lillington
2. Project Identification
2a. Property Identification Number:
0652-50-9919.000
2b. Property size:
107.92
2c. Project Address
Street Address
east side of Ballard Road, south of its intersection with Strawberry Hill Lane
Address Line 2
aty State / ovince / Region
Lillington NC
Postal / Zip Code Country
27546 United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Neills Creek
3b. Water Resources Classification of nearest receiving water:*
Class WS-IV
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.
030300040501
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 site is situated between 150 and 260 feet above MSL. The site consists of wooded and scrub/shrub land. An unnamed tributary to Neills Creek is located on the western portion of
the site. Neills Creek is located on the southern portion of the site. A railroad is located west and adjoining the site. In general, the elevation on site decreases to the south, in the
direction of Neills Creek.
A scrub/shrub thicket, resulting from recent timber activity, is located on the northern and central portions of the site, agricultural fields are located on the central and southwestern
portions of the site. The remainder of the site is wooded and within the floodplain. A gravel road extends south from Ballard Road and crosses Stream B. There is no culvert at the
crossing. The stream sheet flows over the gravel road.
Headwater identified four wetland areas and eight streams within the site boundaries. Wetland Area A is located within a recently timbered area on the central and eastern portions of
the site. The remaining wetlands are located within the wooded areas on the western and southern portions of the site. The wetland and stream locations were verified by the U.S. Army
Corps of Engineers on December 31, 2020 (SAW-2020-01392).
The site is situated in a growing area of Harnett County. Ballard Road is located along the northern boundary. Single family dwellings are located north of the site, and a residential
subdivision is located west of the site. The lands to the east and south are wooded.
The site and surrounding properties have historically been used agricultural or been wooded and undeveloped since at least the 1930s. A railroad has bounded the western portion of
the site since at least the 1930s. A sewer easement was constructed through the southern portion of the site in the late 1990s/early 2000s. Dwellings steadily increased in the vicinity of
the site in the 1990s and 2000s. The majority of the site was timbered between 2016 and 2018.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes f 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)
C4d. Topo Map.pdf 473.71 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)
C4e.Soils.pdf 507.57KB
4f. List the total estimated acreage of all existing wetlands on the property:
47.7
4g. List the total estimated linear feet of all existing streams on the property:
7,030
4h. Explain the purpose of the proposed project:*
The proposed project involves construction of a residential subdivision consisting of single-family homes. As the population of Harnett County continues to grow, new affordable housing
accommodations are needed to keep up with an increasing population. One of the several factors responsible for the population growth in Harnett County stems from the growth of
counties to the north. Many new residents in Harnett County are commuting to Durham County, Johnston County and the greater Raleigh metropolitan area. The proposed subdivision
is designed to accommodate and attract middle income families. Access to the proposed subdivision shall be extend south from Ballard Road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project includes development of a 117-lot residential subdivision consisting of single-family homes. Municipal water and sewer services will be provided to the
neighborhood.
An upland "peninsula" is located on the west side of the unnamed tributary to Neills Creek (Stream B). Stream B is perennial and riparian wetlands are located along the lower reaches
of Stream B. Additionally, the upland peninsula is bordered on the west by a railroad, private property is located further west. Private property is also located south of the peninsula and
floodplain wetlands are located east. The only way to access the peninsula is by crossing Stream B with a paved access road. Proposed development of an improved road, crossing
Stream B will result in 0.34 acre of wetland impacts and 203 linear feet of stream impacts.
The site is comprised of varying topographic terrain. Grading and earth moving activity is expected throughout the site. An additional wetland impact totaling 0.03 acre will occur from
slope side grading on the northern portion of the site, between Lots 39 and 40. The road stub on the northeast portion of the site, between Lots 39 and 40 is per Harnett County
requirements, this is not a phased project. Harnett County Planning Services requires residential subdivisions to provide neighborhood connectivity, should additional development on
lands to the north should occur. This neighborhood connectivity to adjacent properties is to reduce traffic on arterial roads and to avoid land -locking neighboring subdivisions.
The project area include agricultural land and/or areas previously cleared land from timbering activity. Bulldozers, backhoes, and excavators will be used in the grading of the site,
building of the BMPs, and other aspects associated with the development of a residential subdivision. Additionally, pick-up trucks will be utilized on site by contractors and construction
workers.
"Jack and bore" construction methods will be used to extend the sewer line under Neills Creek. Silt curtains will be utilized within Stream B to prevent downstream sedimentation.
4j. Please upload project drawings for the proposed project.
THE PRESERVE AT KIPLING CREEK Wetland Impacts.pdf 5.87MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
6 Yes
Comments:
Delineated, GPS'd, approved, and surveyed.
r No 6 Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
6 Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:

SAW-2020-01392
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul and Nick
Headwater Environmental, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: December 31, 2020
5d1. Jurisdictional determination upload
C5d.SAW-2020-01392 Kipling PJD.pdf
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
673.89KB
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
la. Where are the impacts associated with your project? (check all that apply):
7 Wetlands 17 Streams -tributaries
r• Open Waters r' Pond Construction
2. Wetland Impacts
l Buffers
C^U
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of
Jurisdicition*(9)
2g. Impact
area*
1A
Road fill
P
NON-NCWAM TYPES
Wetland A
No
Both
0.027
(acres)
3C
Road crossing
P
Bottomland Hardwood Forest
Wetland A4
Yes
Both
0.342
(acres)
2B
Sewer line
T
NON-NCWAM TYPES
Wetland A
No
Both
0.083
(acres)
2g. Total Temporary Wetland Impact
0.083
2g. Total Wetland Impact
0.452
2g. Total Permanent Wetland Impact
0.369
2h. Comments:
The area around Impact 1A and 2B was timbered prior to acquisition by applicant. Emergent/scrub-shrub thicket is present. Forest conditions are not
present.
Wetland Impact 1A is located on the northeast portion of the site, at the uppermost portion of the wetlands. Slope side grading is needed to
adequately support the road adjacent to Lots 39 and 40. Minor impacts are proposed as a result of road and lot construction.
Temporary wetland impacts associated with installation of the sanitary sewer line are proposed. Temporary Impact 2B traverses a scrub/shrub thicket
on the central portion of the site (previously timbered land). The sewer line is 8 inches in diameter and shall be buried apprordmately 5-feet below
grade. The trench will be backfilled to the natural grade elevation after installation. After installation of the sewer line, the conditions within the
easement will return to naturally vegetated state.
Wetland/Stream Impact 3C is located on the southern -central portion of the site. An upland "peninsula" is located on the west side of Stream B.
Stream B is perennial and riparian wetlands are located along the lower reaches of Stream B. The only way to access the uplands is to cross Stream B
and associated wetlands. These permanent wetland impacts are associated with fill needed to build a road. The road shall provide neighbor continuity
for the eastern and western portions of the subdivision.
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
S1
Road Crossing
Permanent
Culvert
Stream B
Perennial
Both
4
203
Average (feet)
(linear feet)

3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
203
3i. Total stream and ditch impacts:
203
0
3j. Comments:
Impact Area 3C - Permanent stream impacts are associated with fill needed to build a road on the southern -central portion of the site. The road shall
provide neighbor continuity for the eastern and western portions of the subdivision. Currently, an unimproved gravel access road traverses Stream B.
It is our opinion, the gravel road serves as an artificial impoundment to the stream. The stream width at the impact area is based on measurements
upstream and downstream of the gravel road. Based on our GPS data collected in the field, the stream width varies between 4.0 to 4.5 feet wide along
this reach. At Impact 3C, we used the average width of 4.25' wx 203' long = 0.0198 acre.
Sheet CWI-3.0 includes construction details associated with boring beneath Neills Creek. No stream impacts are anticipated at this location. Stream
width 4.25' x 203' = 864 sq. ft. = 0.020 acre
E. Impact Justification and Mitigation
L.'
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The current site plans were designed to specifically to avoid and minimize impacts to Waters of the U.S. A "jack and bore" construction method shall
be used to extend the sewer line beneath Neills Creek. There are no proposed stream impacts at Neills Creek.
Permanent Impact 1A
Scrub/shrub wetlands encompass a large area on the central portion of the site (-15 acres). Grading and development was deigned to avoid the
majority of Wetland Area A. Minor impacts to the uppermost portion of the wetland are proposed. The road adjacent to Lots 39 and 40 was designed
in order to meet Harnett County requirements.
Temporary Impact 2B
The sewer lines are generally oriented "high" to "Iosf, with the dwellings situated at a higher elevation, and the sewer tie-in located at a lower
elevation. The orientation of sewer line generally follows the natural decreasing topography. The project design team intentionally selected a narrow
portion of the wetland for Impact 2B. The area is an emergent/scrub-shrub thicket, no tree clearing shall occur at this location.
Permanent Impact 3C
The only way to access the uplands on the southwest portion of the site is to cross Stream B. The location of Impact 3C was specifically selected along
the footprint of an existing gravel road. The gravel road is not culverted and Stream B sheet flows over the road. It is our opinion, the gravel road has
created an impoundment, and adversely impacted Stream B. The remainder of Stream B has an a larger intact wooded corridor and active floodplain
wetland system.
Alternate road crossing locations would result in more tree removal, greater wetland and stream impacts, and would've left the adverse effects of the
gravel road unaddressed.
Therefore, alternate road crossing locations were not considered.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be installed prior to construction along the perimeter of the wetlands and streams to minimize sedimentation into these resources. A silt
curtains will be utilized during construction of the road crossing at 3C.
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?
( Yes r No
2c. If yes, mitigation is required by (check all that apply):
I7 DWR r Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank fJ Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
rYes 0.No
4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature:
(linear feet)
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested:
(acres)
0.37
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments

stream impacts are less than 300 linear feet, and do not exceed 0.02 acre. Stream credits not requested.
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? If yes, you must fill out this entire form - please contact DWR for more
information.
✓ Yes ( No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes f No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
✓ Yes f No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
s Yes r No
Comments:
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?*
✓ Yes 6' 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)?*
✓ Yes (No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes (7 No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
✓ Yes rNor N/A
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?*
✓ Yes f No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes (No
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
c Yes r No
(7 No r Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Biological assessment completed by Headwater Environmental, Inc. determined that potential habitat for endangered species or their critical habitat is
not present within the proposed project area. The proposed project area largely consists of scrub/shrub land that was clear-cut within the past five
years and existing agricultural fields.

Consultation Documentation Upload
G5j.Biological Assessment.pdf 2.92MB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes allo
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA essential fish habitat 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?*
✓ Yes f• No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NCHPO HPOWEB online tool. Nearby properties are listed as survey only. Mature wooded areas and/or topography blocks the viewshed from the
proposed project area.
7c. Historic or Prehistoric Information Upload
SHPO Map.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes 6 No
361.51 KB
8c. What source(s) did you use to make the floodplain determination?*
Part of the larger parent parcel is located within the 100-year floodplain. However, the proposed project area is located outside of the flood zone.
FEMA map panel # 3720064000J and 3720064200J dated October 3, 2006.
Miscellaneous
Comments
The owner of the site is listed as Esplanade Communities of Florida, LLC. They have undergone a legal name change to Garden Street Communities Southeast, LLC.
A Mitigation Request form has been submitted to DMS. We expect receipt of purchase agreement prior to permit issuance.
The PCN was originally submitted on April 5, 2021. The site plans have been revised and updated. A formal response to the USACE comments is attached.
Miscellaneous attachments not previously requested.
Kipling.MitigationRqst.091521.pdf
Mitigation Request Form.pdf
Kipling.Add Info.091521.pdf
47.16KB
380.81 KB
132.8KB
Signature
V
*
I7 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:
Carmen Paul Pascarosa
Signature
cam& to
Date
9/15/2021