HomeMy WebLinkAbout20191645 Ver 4_ePCN Application_20230207DWR
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:
7/25/2022
BIMS # Assigned* Version#*
20191645 4
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*
Wilmington Regional Office - (910) 796-7215 Holley Snider:eads\hasnider:Holley.Snider@ncdenr.gov
Information for Initial Review
la. Name of project:
Compass Pointe - Phase 3 - Borrow Pit Area
la. Who is the Primary Contact?*
Tom Gulley
lb. Primary Contact Email:* lc. Primary Contact Phone:*
tgulley@gmail.com (910)297-1282
Date Submitted
2/7/2023
Nearest Body of Water
Alligator Branch
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude: Longitude:
34.268082 -78.079954
A. Processing Information
County (or Counties) where the project is located:
Brunswick
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
1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. 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:
CP Brunswick LLC
2b. Deed book and page no.:
DB 3549, PG 232
2c. Contact Person:
Bobby Harrelson
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No
2d. Address
Street Address
115 N 3rd St Ste 300
Address Line 2
City State / Province / Region
Wilmington NC
Postal / Zip Code Country
28401-4086 USA
2e. Telephone Number: 2f. Fax Number:
(910)540-8058
2g. Email Address: *
bobjo58@aol.com
3. Applicant Information (if different from owner)
3a. Name:
Steve Saieed
3b. Business Name:
RENAISSANCE LIFESTYLE LLC
3c. Address
Street Address
PO BOX 17566
Address Line 2
City
RALEIGH
Postal / Zip Code
27619-7566
3d. Telephone Number:
(910)297-1282
3f. Email Address: *
ssaieed@renlifestylellc.com
4. Agent/Consultant (if applicable)
4a. Name:
Tom Gulley
4b. Business Name:
Needham & Gulley Environmental, PLLC
4c. Address
Street Address
PO Box 960
Address Line 2
City
Wilmington
Postal / Zip Code
28402
4d. Telephone Number:
(910)297-1282
4f. Email Address: *
tgulley@gmail.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
Compass Pointe
lc. Nearest municipality / town:
Leland
2. Project Identification
2a. Property Identification Number:
0220002270
2b. Property size:
34.14
2c. Project Address
Street Address
End of East Oak Bridge Way
Address Line 2
City
Leland
Postal / Zip Code
28451
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Alligator Branch
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.
030300050406
4. Project Description and History
State / Province / Region
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 upland areas have been cleared with a silt fence placed at the edge of the approved wetland line. The wetland areas remain naturally wooded. There is also an open borrow pit on the
property that was used by NCDOT for the construction of the adjacent 1-140 to the east.
Surrounding is an existing subdivision with roads, homes, a golf course, etc. It is within a larger development. There is an industrial park and a residential development to the east and Hwy
74/76 to the south.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
There were 2 NWPs issued on Phases 19 and 20 of Compass Point on the western side of this large +1,100 acre subdivision/golf course. These 2 previous permits are on the portion of
the project that is accessed by the western entrance of Hwy 74/76. This proposed NWP is the in the eastern corner of the project and is accessed from the eastern entrance of Hwy 74/76.
4f. List the total estimated acreage of all existing wetlands on the property:
There is approximately 1.7 acres of wetalnds in this Phase/Phase 3
4g. List the total estimated linear feet of all existing streams on the property:
There are no streams in this Phase/Phase 3
4h. Explain the purpose of the proposed project: *
This project is a residential development to create 21 lots with a road. The lots are single -loaded on one side of the road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Typical building, land clearing, and road construction equipment. The Lots and roads will be graded, roads will be constructed, and utilities will be installed.
Typical construction and equipment used for the construction of a subdivision. The golf course construction and roads leading to this section have already been completed to this section.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
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-2007-03075
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Tom Gulley
Needham & Gulley Environmental, PLLC
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
COE JD issued on August 24, 2020
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
This is a larger development/golf course project of over 1,100 acres as described above. There may be future phases.
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?
None for this section/phase or any sections leading to this section/phase.
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*
F1
Road Fill
P
Pocosin
Road Fill
Yes
Both
0.130
(acres)
F2
Lot Fill
P
Pocosin
Lot Fill
Yes
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.150
2i. Comments:
2g. Total Permanent Wetland Impact
0.150
Fill for road to access lots 1-5. There is a small amount of proposed lot fill, approximately 0.02 acres, on the front of proposed lots 4 & 5 which are
remaining wetlands that would be cut off from the larger, remaining wetland after the road fill/construction.
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:
All wetland impacts were avoided in previous phases from the eastern entrance of this large development/golf course. Two elevated wooden bridges
were constructed where shown on the attached 2021 aerial photo to avoid any wetland impacts at these two wetland crossings. The road connecting to
the existing development was placed within the old existng timber road crossing to avoid any wetland impacts. A wooden, elevated walkway constructed
on driven piles will be used to provide a sidewalk along this section of the road to avoid wetland impacts outside of the old timber road crossing as
shown. The proposed road is only single -loaded to avoid any lot fill.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A retaining wall will be used along the edge of the road and along the edge of the wetland impact to reduce the size of the wetland impact by avoiding
sidesloping that would create a larger footprint. Also, the elevated walkway and bridges mentioned above are construction techniques used to avoid
impacts.
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:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.15
3c. Comments
Compensatory Mitigation proposed at a 1:1 ratio due to previous and proposed avoidance and minimization.
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
If no, explain why:
This is not in a protected NC Buffer watershed
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
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?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
This phase is permitted under SW8 220602
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 phase is surrounded by existing developed phases, a borrow pit, and 1-140.
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
5d. Is another Federal agency involved? *
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Various sites linked from the Wilmington District - ESA website
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? *
USF&W EFH map
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?*
HPOWEB 2.0 website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
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
Compass Pointe Phase 3 PCN Cover leter.pdf
CP - PH3 Harbor Cove PCN Docs.pdf
File must be PDF or KMZ
Comments
This property is being sold to Renaissance Lifestyle LLC (Steve Saieed), who is listed as the applicant.
Signature
70.55KB
8.49MB
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 T Gulley Jr
Signature
�yer�Z'u!!c7t
Date
2/7/2023
Needham & Gulley Environmental, PLLC
Robert N. Needham, PWS
9100 Charlestown Rd. SE
Winnabow, NC 28479
Office/Fax (910)371-6082
needhambud@ec.rr. com
Gary Beecher
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Tom Gulley, NCLSS#1256
P.O. Box 960
Wilmington, NC 28402
Office/Fax (910)795-0319
tgulley@gmail.com
February 6, 2023
RE: PCN for Compass Pointe Phase 3, Brunswick County, North Carolina.
Dear Gary:
This PCN submittal and Nationwide 29 Permit request is for Phase 3 in Compass Point. This
phase is on the opposite side of the large subdivision and golf course, which is over 1000 acres in
size, from the previous NWPs issued, which is accessed from the western entrance from US Hwy
74/76. This small phase is leftover upland areas around a borrow pit used for material for the
construction of the adjacent Interstate 140. This is the older, original section of this
development and is accessed from the eastern entrance from US Hwy 74/76. There are not any
previous wetland impacts in this or surrounding phases accessed from this eastern entrance.
This PCN submittal is for 0.15 acres of total wetland impact for the construction of a road.
There is a small area of lot fill, less than 0.02 acres, which would be severed from the remaining
wetlands due to the construction of the road. Due to the wetland impact avoidance using bridges
for wetland crossings in the phases leading to this proposed, remaining phase, locating the road
connecting this phase in an upland area of an existing road, the use of an elevated walkway
constructed on piles to avoid impacts from the required sidewalk/walkway along the connecting
road, and the use of a retaining will along the wetland fill area to reduce the wetland fill footprint
by eliminating sideslopes, I am proposing compensatory mitigation at a 1:1 ratio.
If you have any questions or concerns, please contact me at (910)795-0319, (910)297-1282, or by
e-mail at tgulley(r gmail.com.
Sincerely,
- J b'o'.Al I I -
J. Tom Gulley, Jr.
North Carolina Soil Scientist License# 1256
t"' SITE
Map Source: Brunswick County GIS Online
CP Brunswick, LLC
PID: 0220002270
Compass Pointe S/D - PH3
Leland, NC
SITE
Needham & Gulley Environmental, PLLC
Environmental Consultants
Wilmington, NC
February 2023
1"-3000'
Site Location
U.
N
03-12-014/SOUTHEASTERNPCN Package.cdr
2022 Tax Card
2021 Tax Card
2020 Tax Card
2019 Tax Card
Parcel Information
ParcelID: 0220002270
Parcel PIN: 217920SOC476
Ca Ic. Acreage: 34.14
Legal Description
TR-B-8 34.14 AC PL-138/2
Owner Information
Owner Name:
CP BRUNSWICK LLC
Mailing Address:
115 N 3RD ST STE 3D0
WILMINGTON,NC 28401-4076
7oorn to
Project boundary shown in Blue.
Map Source: Brunswick County GIS Online
CP Brunswick, LLC Needham $ Gulley Environmental, PLLC
PID: 0220002270 Environmental Consultants Project Boundary Map
Compass Pointe S/D - PH3 Wilmington, NC with Ownership Info
Leland, NC
February 2023
03-12-014/SOUTH EASTERNPCN Package.cdr
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- BRIDGES PREVIQUSLY
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Map Source: Brunswick County GIS Online
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CP Brunswick, LLC Needham $ Gulley Environmental, PLLC
PID: 0220002270 Environmental Consultants
Compass Pointe S/D - PH3 Wilmington, NC 2021 Color Aerial
Leland, NC February 2023 (Current Conditions)
03-12-014/SOUTH EASTERN PCN Package.cdr
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Map Source: Cape Fear Engineering
CP Brunswick, LLC
Needham $ Gulley Environmental, PLLC
PID: 0220002270
Environmental Consultants
Compass Pointe S/D - PH3
Wilmington, NC
Project Site
Plan
Leland, NC
February 2023
03-12-014/SOUTH EASTERN PCN Package.cdr
Road and Sloping Placed
Retaining Wall to
in old Road Crossing to
Reduce Wetland Impacts
Avoid Any Wetland Impacts
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00 e 0.02 Acres of Proposed, Permanent
WeU and Loa Dill Shown In Green
Map Source: Cape Fear Engineering
CP Brunswick, LLC
Needham $ Gulley Environmental, PLLC
PID: 0220002270
Environmental Consultants
Wetland Impact
Map
Compass Pointe S/D - PH3
Wilmington, NC
Road Fill
Leland, NC
February 2023
03-12-014/SOUTH EASTERN PCN Package.cdr
$/19/22, 9:32 AM Gmail - 401/Buffer Pre -filing Meeting Request
MGmail Tom Gulley tgulley@gmail.com>
4011Buffer Pre -filing Meeting Request
Tom Gulley <tgulley@gmail.com> Mon, Jul 25, 2022 at 9:00 PM
To: 401 PreFile@ncdenr.gov
Please fill out the following information:
Project Name: Compass Pointe Section 3 (Borrow Pit Area)
County: Brunswick
Applicant Name: Tom Gulley
Applicant Email: tgulley@gmail.com
**Please note that multiple projects may be submitted within the same email by supplying all the above information for
each project.
***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if
necessary use that copy in application/form submittal.
Needham
Environmental, Inc.
Main Office/Fax {910} 795-0319
Tom Gulley -- tgulley@grnail.com
P.O. Box 960, Wilmington, NC. 28402
Agent Authorization Form
TO WHOM IT MAY CONCERN:
1/we, the undersigned, hereby authorize Needham Environmental, Inc. to act as our agent
in the preparation and representation of information related to the tract listed below. This
authorization grants permission for the USACE to enter the property for the purposes of
jurisdictional wetlands determination as well as review of any areas that may be included
in a 404/401 or CAMA permits. This authorization, for liability and professional courtesy
reasons, is valid only for government officials to enter the property when accompanied by
staff of Needham Environmental, Inc.
TRACT NAME: �� Sry r+Sw',C Lid Od O ?� c9 0� D U� a �y�
TRACT LOCATION: �o,�c-�S �o :f�►'�c ko D ( 1
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OWNER/APPLICANT: Cp Qay.NS W , L1L L
wrrt WS d n
SIGNATURE:
7
DATE:i��r�