20230649 Ver 1_ePCN Application_20230502

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:
5/2/2023
BIMS # Assigned
20230649
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer's
Holley Snider:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY Fairway Acres
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email:
[e-mail]
Date Submitted
5/2/2023
Nearest Body of Water
Goose Creek
Basin
Lumber
Water Classification
C; SW
Site Coordinates
Latitude:
33.914484
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:
-78.410317
Version#*
1
Reviewing Office`
Wilmington Regional Office - [phone]
1c. Primary Contact Phone: x
[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: 29 - Residential Developments
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:
Duck Pond Ventures LLC
2b. Deed book and page no.:
2c. Contact Person:
Dan Koeller

2d. Address
Street Address
5430 Wade Park Blvd
Address Line 2
Suite 400
city
Raleigh
Postal / Zip Code
27607
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group, Inc.
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
city
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Fairway Acres
1c. Nearest municipality I town:
Ocean Isle Beach
2. Project Identification
2a. Property Identification Number:
2290002005;2290002007
2c. Project Address
Street Address
NC 179
Address Line 2
city
Ocean Isle Beach
Postal / Zip Code
28469
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Goose Creek
3b. Water Resources Classification of nearest receiving water:
C; Sw
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
18.4
State / Province / Region
NC
Country
USA
O
3c. What river basins) is your project located in?*
Lumber

3d. Please provide the 12-digit HUC in which the project is located.
030402080204
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 site is mostly undeveloped and forested. Hwy 179 forms the tract's northern boundary and a portion of the tract right off the road is cleared. The site is uplands except for a
jurisdictional ditch that transacts the site. Much of the site was cleared about 10 years ago and vegetation consists of a sparse canopy of loblolly pines with a dense shrub layer of mostly
pines and sweetgums. A dirt road transects the site.
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:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct a single-family residential development within the site to serve the residential needs of the community.
Permanent impacts to a jurisdictional ditch are needed for site access, lot grading, and to ensure positive flow back into the existing ditch. Temporary impacts to a jurisdictional ditch are
needed to install stormwater pipes/riprap.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The residential development will consist of 50 single family lots and one access road. A road will be constructed across a jurisdictional ditch and two 18" culverts will be installed at this
crossing. Two stormwater ponds will be constructed at the northwestern and southwestern portions of the site. A portion of the ditch will also be relocated for lot grading and to ensure
positive flow back to the existing ditch. The relocated ditch will match the slope and width of the section of the existing ditch. The proposed ditch will be slightly deeper by — 12" due to
grading up to the proposed lots 33 and 38 pad grades.
Sediment and erosion control measures will be put in place. The limits of disturbance will be cleared of vegetation and site grading will occur. Roadway and utilities will be installed,
followed by the construction of the homes and finally demobilization and landscaping. Standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
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-2022-01446
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Cameron Owens
Agency/Consultant Company: Davey Resource Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Gary Beecher with the USACE issued a delineation concurrence on 11/17/22. DRG has requested a stream determination from NCDWR and is awaiting a date to meet on site. It is DRG's
opinion that the feature is not a stream.
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
4. Open Water Impacts
O
4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area

1A
Road Crossing
P
N/A
Culverts
_11
Ditch
0.06
1B
Site Development
P
N/A
Fill
Ditch
0.01
1 C & 1 D
Rip Rap
T
N/A
Other
_11
Ditch
0.01
4g. Total temporary open water Impacts:
0.01
4g. Total open water impacts:
0.08
4g. Total permanent open water impacts:
0.07
4h. Comments:
1 B impact involves ditch relocation. 1C & 1 D impacts are needed to install rip rap. Top of rip rap will beat same elevation of bottom of ditch and impact
will be temporary.
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 jurisdictional ditch spans the site and impacts could not be avoided while still accessing uplands on the other side. The crossing has been
positioned at an existing road crossing to minimize impacts. A portion of the ditch to be impacted will be relocated and rip rap will be installed at current
grades to avoid a permanent loss.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development.
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:
Impacts are less than 0.1 acre and are to a jurisdictional ditch.
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:
Site is located in the Lumber River Basin, which does not have State Riparian Buffer Protection Rules.
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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Brunswick County
State Stormwater Programs
Phase II
HWQ or ORW
Coastal Counties
Other
Comments:
The engineer has submitted a stormwater plan to both the State and the County. Both reviews are in process.
G. Supplementary Information
8
11

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.
The project will not provide utilities or access to adjacent tracts. No additional impacts to jurisdictional areas are anticipated on this site. Stormwater and
erosion control permits will be obtained and implemented to limit impacts to downstream 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.
Wastewater will be conveyed to an existing gravity sanitary sewer located on Oakbrook Drive SW by means of a proposed low pressure sewer line.
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
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?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on the site. The Atlantic sturgeon, American alligator, and West Indian manatee are known to occur
within one mile of the site, likely within the AIWW, which is one mile south of the site. The USFWS IPaC database was also reviewed and several
species were identified as potentially occurring in the region. Many of these are coastal and/or marine species and would not be found within the project
area. Much of the site is forested. There is a sparse canopy of pine trees, but these trees are too young to provide suitable habitat for the RCW (- 10
years old). The site does provide appropriate summer and wintering roosting habitat for the northern long-eared bat and tri-colored bat. The NLEB
determination key was completed and resulted in a "may affect, not likely to adversely affect" determination. The site does not appear to provide suitable
habitat for any other federally listed species known to occur in the region.
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 EFH Mapper
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?"
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No
resources were identified within or adjacent to the site.
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?
FEMA Flood Map Service Website
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
Fairway Acres_Attachments.pdf 4.51 MB
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:
Kim Williams
Signature
WIMa
Date
5/2/2023
a