20220954 Ver 2_ePCN Application_20221217

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
9/19/2022
BIMS # Assigned* Version#*
20220954 2
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Washington Regional Office - [phone] Robert Tankard:eads\rbtankard
Information for Initial Review
la. Name of project:
Massey Road Tract
la. Who is the Primary Contact?*
Wyatt Brown
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/17/2022
Nearest Body of Water
Yellow Marsh Branch
Basin
Neuse
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
35.2770 78.0664
A. Processing Information
County (or Counties) where the project is located:
Wayne
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
PC PROPERTY LLC
2b. Deed book and page no.:
3732, 56
2c. Contact Person:
Joey Creech
2d. Address
Street Address
PO BOX 222
Address Line 2
City
Micro
Postal /Zip Code
27555
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
US
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Wyatt Brown
4b. Business Name:
Brown's Environmental Group, Inc
4c. Address
Street Address
242 Batten Farm Road
Address Line 2
City
Selma
Postal / Zip Code
27576
4d. Telephone Number:
[phone]
4f. Email Address: *
b row n e n vg rp @ g m a i I. co m
C. Project Information and Prior Project History
State / Province / Region
NC
Country
US
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Dudley
2. Project Identification
2a. Property Identification Number:
2575875166
2c. Project Address
Street Address
Not assigned, on Massey Road
Address Line 2
City
2b. Property size:
-98.0
State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Yellow Marsh Branch
3b. Water Resources Classification of nearest receiving water: *
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011404
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 existing conditions are approximately 70% of the area is in a 7-8 year old cutover with lanes cut for access. The other 30% are wooded areas around the riparian areas. The general
land use in the vicinity is row crop farming.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown

4f. List the total estimated acreage of all existing wetlands on the property:
—37.36
4g. List the total estimated linear feet of all existing streams on the property:
—4974.15
4h. Explain the purpose of the proposed project: *
The purpose is to provide single family housing with paved streets. The utilities will be furnished by the developer except for the septic will be on site for each lot.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project is expected to yield 83 home sites. The developer will provide paved streets, utilities except for the on site septic will be provided by the developer. There will be 2 wetland,
stream impacts. Impact area 1 will be a general street road crossing impacting stream, wetlands and buffers. Impact area 2 will be a wetland impact for a private drive that will serve 3 lots.
The initial clearing will be just enough to install sediment control measures. The area will be rough graded by a bull dozier and fine graded by a motor grader. A bull dozier will be used to
clear the wooded area for the streets. The crossing culverts will be installed by track hoe. The streets will be asphalt paved and utility lines will be placed in the street right of way.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-02432
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Wyatt Brown
Brown's Environmental Group, Inc
6a. Is this a phased project?*
Yes 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?
Not to my knowledge
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(')
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
Impact 1
culvert
P
Small -Basin Wetland
Wetland A
Yes
Both
0.149
(acres)
Impact 1
culvert
T
Small -Basin Wetland
Wetland A
Yes
Both
0.059
(acres)
Impact 2
culvert
P
Small -Basin Wetland
Wetland A
Yes
Both
0.068
(acres)
Impact 2
culvert
T
Small -Basin Wetland
Wetland A
Yes
Both
0.065
(acres)
2g. Total Temporary Wetland Impact
0.124
2g. Total Wetland Impact
0.341
2i. Comments:
2g. Total Permanent Wetland Impact
0.217

E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The design avoided impacts as much as possible. The 2 crossings we propose are necessary to access proposed lots across the wetland. On crossing
Impact 1 we are crossing the wetland as perpendicular as possible and are using headwalls to minimize the impact. The street on crossing Impact 2 has
been change to a 30 ft wide drive to lessen the impacts. The road shoulders and side slopes have minimized by width and side slope to minimize the
impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The contractor will be instructed to follow the approved sediment and erosion control plan which will help protect the riparian areas from sedimentation.
The crossing will not be installed during unusually wet weather or when heave rainfall is predicted. The wetland areas will be shown on the construction
plans and clearly marked in the field to avoid and minimize impact to the wetlands from construction activities.
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 No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Falling Creek Umbrella Mitigation Bank, Wildlands
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
3c. Comments
Quantity:
0.44 acres
The actual permanent riparian wetland impact is 0.217 acres, therefore we are reserving 0.434 acres of riparian wetland at 2:1.
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 No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
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 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 No
3b. If you answered "no," provide a short narrative description.
This project covers the entire tract of land. There are no future planned development on any adjoining tracts. I cannot imagine this project generating
additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No 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 No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
1) NC Natural Heritage- Letter attached
2) IPaC- 1) Tricolored Bat- Is Proposed Endangered, I saw to evidence of any bats on the property. I also saw no old barrels, culverts etc where bats
might roost. 2) Red -cockaded Woodpecker - "makes its home in mature pine forest" Most of the area is an cutover, the only wooded areas are around
the riparian areas, most of these trees are hardwoods and privet. No affect. 3) Neuse River Waterdog-"Usually found in streams wider than 15 meters
with clean flowing water." Both crossing impacts will not be impacting streams only wetlands. If the crossings were impacting a stream it would be a
small 1st order stream and still no affect. 3) Carolina Madtom - "Prefers clean water with permanent flow" No stream is impacted by the crossing, no
affect. 4) Monarch Butterfly- "Are fount in meadows, roadsides and sandy areas where milkweed plants grow" As stated this is mostly a cutover area, no
milkweeds were found. No affect.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA website
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 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
N/A

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
Sc. What source(s) did you use to make the floodplain determination?*
There is a Flood AE Zone along the northern property line along Yellow Marsh Branch, no construction will be in the AE Zone.
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.
Click the upload button or drag and drop files here to attach document
File must be PDF or KMZ
Comments
Buffers go to Washington
Signature
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:
Signature
Date
12/17/2022
Sign