20230598 Ver 1_ePCN Application_20230421

DWR
Division 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
20230598
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY 4337 Appleton Way
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/21/2023
Nearest Body of Water
Bernard's Creek
Basin
Cape Fear
Water Classification
C;sw
Site Coordinates
Latitude:
34.161536
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
Yes No
Longitude:
-77.917104
Version#*
1
Reviewing Office`
Wilmington Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
O
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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:
Madison Smith
2b. Deed book and page no.:
BK 006570 PG 000504
2c. Contact Person:
Same

2d. Address
Street Address
160 Beaumont Oaks
Address Line 2
Apt. 226
city
Wilmington
Postal / Zip Code
28412
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
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:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Echo Farms
1c. Nearest municipality / town:
Wilmington
2. Project Identification
2a. Property Identification Number:
R07012-001-042-000
2c. Project Address
Street Address
4337 Appleton Way
Address Line 2
city
Wilmington
Postal / Zip Code
28412
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Bernard's Creek
3b. Water Resources Classification of nearest receiving water:"
C;SW
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
0.49
State / Province / Region
NC
Country
us
L
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.
030300050504
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: "
Currently the project site is wooded, and Section 404 wetlands (i.e., Headwater Forest) encompass all but the southeast corner of the subject property, which is located within the existing
Echo Farms Subdivision. A 15' drainage easement extends along the northern property line and conveys stormwater runoff, from the subdivision, to an unnamed tributary that drains to
Barnards Creek.
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:
0.337
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 construct a single family dwelling with adequate maintenance corridor.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will entail removing woody vegetation and root mat from the limits of disturbance, after which the area will be backfilled with clean earthen soil. Lastly, a retaining wall will be
installed to contain the fall and final grading will take place. The area will be stabilized with seed or sod when construction has been completed.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No
Comments:
The Applicant is not seeking a JD with this action.
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
6. Future Project Plans
O Unknown
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 project is part of an existing subdivision, where a road system is already in place, and sewer and water are available for connection, at the street.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
Reason (?)
2b. Impact type" (?)
2c. Type of W."
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
(?)
2g• Impact
area *
ll
Ft
P
Headwater Forest
A
Yes
Corps
0.048
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.048

2g. Total Wetland Impact
0.048
2i. Comments:
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 applicant had a wetland delineation conducted prior to designing the project. Once wetlands were identified and became apparent that avoiding
impacting the resource was not possible, the Applicant positioned the structure within the only available uplands (i.e., that area behind the city's building
setbacks) and incorporated a retaining wall around the fill, which removed the slope of the fill. The retaining wall will minimize impacts to wetlands by
approximately 700 SF (0.016 AC).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to land disturbing activities, the approved wetland impact line will be marked in the field with construction fencing and silt fence will be installed, to
ensure unauthorized impacts do not take place.
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 (LCFUMB)
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.10
3c. Comments
A credit reservation letter has bee requested, from the LCFUMB, and will be forwarded upon receipt, to the Corps.
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 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
Comments:
This project will not generate more than 10,000 SF of built upon area.
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
O
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 project will not provide access to currently landlocked property, and the incorporation of sediment and erosion control measures should ensure
sediment is not discharged into downstream receiving waters.
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.
CFPUA which is available at the street, for connection.
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 Unknown
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
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?
IPaC and SLOPES information (see attached). Two species are of concern with this project: the Northern Long -Eared Bat (NLEB) and the Red
Cockaded Woodpecker (RCW). There will be no percussive or blasting activities during the construction, and it appears the project site is not with a
RCW consultation area.
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 does not contain 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 HPOWEB2.0 (see attached). The project site is neither within an area designated as National Historic Place nor are there any existing structures
within the project limits.
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:
The project will take place within the 0.2 PCT ANNUAL CHANCE FLOOD HAZARD flood zone. Floodplain approval will be secured when applying for a
building permit, which will not take place for some time. However, the site is not located within a flood zone that regulates increasing existing ground
elevations, such as the VE (High Velocity/Energy) or the LiMWA (Limit of Moderate Wave Action) flood zones. The structure will be elevated to a height
where the heated floor area is at least 2' above the base flood elevation.
8c. What source(s) did you use to make the floodplain determination?"
New Hanover County GIS Flood Map (see attached).
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
4337 Appleton Way PCN Attachments 4-21-23 Final.pdf 90.54KB
File must be PDF or KMZ
Comments
Signature O
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
z6W00"
Date
4/21 /2023