20230678 Ver 1_ePCN Application_20230511

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:
1/31/2023
BIMS # Assigned
20230678
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
la. Name of project:
NHC Vice and Detective Facility
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/11/2023
Nearest Body of Water
Prince George Creek
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude:
34.327269
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:
-77.898958
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:[e-mail]
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:
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
39 - Commercial/Institutional Developments
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
fig. 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 INC 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:
New Hanover County
2b. Deed book and page no.:
2c. Contact Person:
Mr. Kevin Caison
2d.Address
Street Address
200 Division Drive
Address Line 2
City
Wilmington
Postal / Zip Code
28401
State / Province / Region
NC
Country
USA
Yes No
Yes No

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)
N/A
1c. Nearest municipality / town:
Castle Hayne
2. Project Identification
2a. Property Identification Number:
portion of R01800-007-001-000
2c. Project Address
Street Address
3950 Juvenile Center Rd
Address Line 2
City
Castle Hayne
Postal / Zip Code
28429
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Prince George 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.
030300070807
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
- 34 acres
State / Province / Region
NC
Country
USA
O

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 northcentral part of the larger tract supports the existing New Hanover County jail facility. Otherwise, the tract is mostly undeveloped and forested. An old landfill is located just south of
the jail. The western portion of the site is considered the specific project area for this particular project. A wetland delineation of this area found that several wetland crenulations run north
through the site toward Prince George Creek. Another wetland pocket is located in the southern part of the site. Wetlands support red maple, black gum, and red bay. Uplands support a
mix of water oak, sweetgum, and loblolly pine.
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:
3.9
4g. List the total estimated linear feet of all existing streams on the property:
590
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct a vice facility, which will support the existing Countyjail facilities located on the larger parcel. Permanent wetland impacts are needed to construct
a road and the building. Temporary wetland impacts are needed for a sediment basin that is required by the State.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project includes the construction of a building, parking, and access road.
Sedimentation and erosion control measures will be installed. Then the limits of disturbance will be cleared of vegetation and graded. Utilities, structures and parking will then be installed.
The proposed road will be 26' wide and will cross wetlands and a jurisdictional ditch (non -stream). Culverts will be installed to ensure hydrology is maintained and rip rap will also be
installed at two of the three crossings.
The State has required a sediment basin be constructed and the only location where this will fit is within wetlands adjacent to the building. This area will be built up approximately 5-6 feet
and will have side slopes of 3:1. A silt fence will be located at the limits of disturbance to protect downstream wetlands. Once earthwork is complete, the area will be restored back to pre -
construction grades and seeded with a wetland seed mix.
Track hoe, loader, dump truck, bob cat, and other 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-2023-00360
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Farley
Agency/Consultant Company: Davey Resource Group, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Brad Shaver with the USACE issued a PJD for the northern portion of the site on 2/21/23. Brad Shaver and Emily Hughes approved the delineation of the southern portion of the site on
4/26/23.
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The Vice facility is one phase of the larger NHC facilities expansion project to occur within the site (attached is concept plan).
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 future wetland impacts are anticipated in the western portion of the site. If future impacts are needed in the eastern portion of the larger parcel, they will be looked at cumulatively with
impacts depicted in this application.
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
O
2. Wetland Impacts

2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
29 Impact
area
Road Crossing
P
ron-Riverine Swamp Forest
W3
Yes
Both
0.040
(acres)
Road Crossing
P ��n-Riverine
Swamp Forest
W1
Yes
Both
0.090
(acres)
Fill for Building
P
Fn-Riverine Swamp Forest
W1
Yes
Both
0.130
(acres)
Sediment Basin
T
F-Riverine Swamp Forest
W1
Yes::
Both
0.060
(acres)
2g. Total Temporary Wetland Impact
0.060
2g. Total Wetland Impact
0.320
21. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.260
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
OW1
Road Crossing
P
T1
Culverts
Ditch
0.03
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.03
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.03
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The engineer attempted to minimize wetland impacts as much as possible in the site design. The vice facility needs to be located in this section of the
overall tract because it must be in close proximity to the existing jail since staff will be moving back and forth between the jail site and this building.
Additionally, the site needs to be located in close proximity to an proposed fueling station at the jail site since vehicles will be kept here. Also, it is
important that the facility be in a secure location and this portion of the site is bound by woods/wetlands and offers privacy that other sections of the site
do not. Other site constraints within the larger tract include a landfill, Duke utility easement, and bike trails leased to the County Park.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stormwater and sedimentation and erosion control plans will be implemented during/following construction to limit impacts to downstream waters.
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):
D W R 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:
Northeast Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.5
3c. Comments
O

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 Cape Fear River Basin, which does not have State Riparian Buffer 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
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
The project engineer is currently in the process of obtaining a stormwater permit from the State.
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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
No EA was required.
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 Waterer 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.
No additional wetland impacts are anticipated within this portion of the tract. 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.
The project will tie into the municipal wastewater treatment facility.
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
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?
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 within the site. The federally listed northern long-eared bat has been documented within one mile of
the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species
require coastal and/or marine habitat. The site consists of uplands and freshwater wetlands and would not provide suitable habitat for these species. The
site supports a mix of hardwoods and pines and would not provide suitable habitat for the RCW. The site is forested and may provide suitable roosting
habitat for the NLEB and tri-colored bat. The USFWS determination key for the NLEB was completed and resulted in a "may affect, not likely to
adversely affect" determination. No impacts to other federally listed species are anticipated.
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 known cultural or historic resources.
No cultural or historical resources were noted 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
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Service Center 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
NHC Vice Attachments.pdf 5.88MB
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");
L

• 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
WI?V d
Date
5/11/2023