20230632 Ver 1_ePCN Application_20230428

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:
4/28/2023
BIMS # Assigned
20230632
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Robert Tankard:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPYT Magnolia Bay Wetland Enhancement
1a. Who is the Primary Contact?*
Troy Murphy
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/28/2023
Nearest Body of Water
Currituck Sound
Basin
Pasquotank
Water Classification
SC
Site Coordinates
Latitude:
36.279848
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Currituck
Is this a NCDMS Project
Yes No
Longitude:
-75.801740
Version#*
1
Reviewing Office*
Washington Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
a
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:
Magnolia Bay Property Owners Association Inc.
2b. Deed book and page no.:
IDS 1314, PG 271
2c. Contact Person:
Craig Atwater
2d. Address
Street Address
PO Box 216
Address Line 2
City State / Province / Region
Corolla NC
Postal / Zip Code Country
27927 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Troy Murphy
4b. Business Name:
Quible & Associates P.C.
4c.Address
Street Address
PO Box 870
Address Line 2
City
Kitty Hawk
Postal / Zip Code
27949
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Magnolia Bay
1c. Nearest municipality / town:
Corolla
2. Project Identification
2a. Property Identification Number:
9943-26-8120 & 9943-37-0118
2c. Project Address
Street Address
506 Hunt Club Drive
Address Line 2
City
Corolla
Postal / Zip Code
27927
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Currituck Sound
3b. Water Resources Classification of nearest receiving water:
SC
3c. What river basin(s) is your project located in?
Pasquotank
3d. Please provide the 12-digit HUC in which the project is located.
030102051306
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
34.01
State / Province / Region
NC
Country
USA
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: *
Site is currently comprised of undeveloped uplands and wetlands, asphalt roads, and single family residences. The subdivision is built out, there will be no more single family home
construction.
O

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:
7.82
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The purpose of this project is to enhance drainage through the existing wetlands on -site by clearing of snags and debris to restore natural flow, as well as the construction of overflow
structures to connect existing wetland areas.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project will include the construction of two water overflow structures that will connect wetland areas 1 and 2. These structures will be set at an elevation Quible determined to
be the maximum wetland capacity based on elevation data collected and the approved wetland line. See attached plan for elevations. This will allow water to flow over the structure to the
adjacent wetland when waters exceed the maximum capacity. When water levels do no meet or exceed the wetland capacity, no exchange of water will take place. Two concrete drop inlet
structures will be brought to the site and placed as depicted on the attached plan, and will be connected by an underground pipe beneath the existing road that bisects the wetlands. The
placement of the structurers will result in 705 total square feet of wetland impacts. In addition to these structures, the attached overall enhancement plan depicts all of the areas where
underbrush will be cleaned out, wetland areas expanded to increase connectivity, and existing ditches to be cleared so water can flow positively through the wetlands once again.
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-2022-02234
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Brian Rubino & Troy Murphy
Agency/Consultant Company: Quible & Associates P.C.
Other:
;3 Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE Preliminary JD SAW-2022-02234
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?
D. Proposed Impacts Inventory
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
0
u
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
?)
�2g. Impact
area *
Wetland Area 2
Overflow Structure
l
P
Estuarine Woody Wetland
__]
Wetland Area 2
Yes
Corps
0.016
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.016
2g. Total Permanent Wetland Impact
0.016
21. Comments:

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The area of impacts was minimized to the greatest extent possible for the construction of the structures
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence will be utilized around the perimeter of the work to prevent any material from contraction to impact any of the adjacent wetland areas.
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:
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:
There are no riparian buffers within the Pasquotank River basin.
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
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.
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?
NC Natural Heritage Program
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?
No surface waters will be impacted
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?
National Register of Historic Places
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:
Water control structures are allowed within the floodplain.
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Maps
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
20230201 SAW-2022-02234 PJD.pdf
1.86MB
Quible USACE + DCM authorization -- ATWATER.pdf
207KB
P09003-NAT 18 Strucutre Plan-042823.pdf
882.78KB
P09003-OVERALL WETLAND ENHANCEMENT PLAN-42823.pdf
2.92MB
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:
Troy Murphy
Signature
7�0✓ Ma�a
Date
4/28/2023