HomeMy WebLinkAbout20230597 Ver 1_ePCN Application_20230421DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
4/19/2023
BIMS # Assigned
20230597
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:Holley.Snider@ncdenr.gov
Information for Initial Review
1a. Name of project:
COURTESY COPY 8161 Kearney Ct. NE
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
dlutheran@segi.us
Date Submitted
4/21/2023
Nearest Body of Water
Hood Creek
Basin
Cape Fear
Water Classification
C;sw
Site Coordinates
Latitude:
34.279014
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
Yes No
Longitude:
-78.107828
Version#*
1
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
1c. Primary Contact Phone:*
(910)228-1841
Is this project a public transportation project?*
Yes No
1a.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
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. 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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. 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:
COLLIS JERRY LEWIS ETUX & WOLAN COLLINS MARY A
2b. Deed book and page no.:
4107/303
2c. Contact Person:
Mary Wolan-Collins
2d.Address
Street Address
145 DORCHESTER DR
Address Line 2
city
State / Province / Region
EAST WINDSOR
NJ
Postal / Zip Code
Country
08520-1601
us
Yes No
Yes No
2e. Telephone Number:
(609)529-1793
2g. Email Address:
jemar4golf2@hotmail.com
3. Applicant Information (if different from owner)
3a. Name:
AJ
3b. Business Name:
Mungo Homes
3c.Address
Street Address
1721 Allens Lane Suite 202
Address Line 2
City
Wilmington
Postal / Zip Code
28403
3d. Telephone Number:
(910)523-0324
3f. Email Address:
aj@kenthomes.net
4. Agent/Consultant (if applicable)
4a. Name:
Dana 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:
(910)228-1841
4f. Email Address:"
dlutheran@segi.us
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
Compass Point Phase 15 Section 2
1c. Nearest municipality / town:
Leland
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
us
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
021EB021 0.43
O
2c. Project Address
Street Address
8161 Kearney Ct. NE
Address Line 2
City
Leland
Postal / Zip Code
28451
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hood Creek
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
US
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 within Compass Point Subdivision. It has been cleared, up to the wetland line, and the house is almost completely built. However, it wasn't until the retaining wall
was about to be installed that the builder (Kent Homes) noticed the wetland line was missing from the lot owner's survey. Upon receiving the updated survey, it became apparent that a de
minimus amount of wetland impact (i.e., 87 SF) of section 404 wetlands were going to need to be permanently filled to provide a sufficient maintenance corridor.
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:
0.15
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:"
The purpose of this project is to provide a maintenance corridor off the back of a single family dwelling.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
The project will entail installing the retaining wall and then back filling with a clean earthen soil. A mini excavator and dump truck will be used to complete the work. Indirect impacts, such
as removing the tree canopy, is not expected to be any more than temporary, as the area will be allowed to revegetate naturally and is not proposed to be maintained, except to remove
dead or dying trees and noxious vegetation.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No Unknown
Comments:
SEGi does not have access to a copy of the JD that was previously issued for Phase 15, Section 2 of
Compass Point
5b. If the Corps made a jurisdictional determination, what type of determination was made? x
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Unknown
Agency/Consultant Company: Unknown
Other:
6. Future Project Plans
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?
This is a single family house, which does not require any additional impacts to wetlands to be viable.
D. Proposed Impacts Inventory
0
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g. Impact
area
Maintenance Corridor
P
Pine Flat
E
L—A
Corps 1�=_
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.002
21. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.002
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Applicant incorporated a retaining wall into the plan, to alleviate the need for slope of the fill, as well as limited the amount of space between the
house and the proposed retaining wall to only that which is necessary to ensure structural integrity of the wall.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence will be installed along the approved limits of disturbance and maintained throughout the duration of the work.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed impacts do not warrant mitigation, as it is under 0.10-acre.
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?
Yes No
If no, explain why:
The project is not within one of NC's Riparian Buffer River Basins.
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
Comments:
This site was covered under the Compass Point S.D. stormwater permit and is within the allotted built upon area for the lot.
G. Supplementary Information
Q
V
1. Environmental Documentation
1a. 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.
The proposed work will not provide access to currently landlocked property and did not require previous impacts to be viable.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No 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.
This site has already connected to sewer, which was available from the street.
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.
Raleigh
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
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
Unknown
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?
USFWS IPaC NLEB Consistency Letter and SLOPES (see attached). The house is currently under construction, thus the vegetation has already been
removed from the upland portion of the lot and the proposed impact area. Thus, adverse effects to T&E are not likely to occur, as a result of the project.
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?
This project site does not contain or abut 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?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO HPOWEB 2.0 (see attached)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8b. If yes, explain how project meets FEMA requirements:
A small area, less than 50 square feet, of fill will be placed within the flood zone. However, the flood zone is not one that restricts an increase of the
existing elevation and the house was already approved by the Brunswick County Floodplain Administrator, which took place when applying for a building
permit. As mentioned previously, the house is almost completely built, at this time.
8c. What source(s) did you use to make the floodplain determination?"
Brunswick County GIS Flood Map (see attached)
Miscellaneous n
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
8161 Kearney Court PCN Attachments 4-19-23 Final.pdf 3.76MB
File must be PDF or KMZ
Comments
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:
Dana A. Lutheran
Signature
Date
4/21 /2023
L