20230710 Ver 1_ePCN Application_20230518

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:
5/16/2023
BIMS # Assigned
20230710
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 Indigo at Abbey Preserve
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/18/2023
Nearest Body of Water
Futch Creek
Basin
White Oak
Water Classification
SA;HQW
Site Coordinates
Latitude:
34.316694
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Ponder
Is this a NCDMS Project
Yes No
Longitude:
-77.761269
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:
CLAYTON PROPERTIES GROUP INC
2b. Deed book and page no.:
4792/1665
2c. Contact Person:
Ms. Tammy Spivey

2d. Address
Street Address
160 Mine Lake Court
Address Line 2
Suite 200
city
Raleigh
Postal / Zip Code
27615
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)
NA
1c. Nearest municipality / town:
Hampstead
2. Project Identification
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2a. Property Identification Number:
2b. Property size:
3270-59-1486-0000
126 acres
2c. Project Address
Street Address
Near 10238 US HWY 17
Address Line 2
City
State / Province / Region
Topsail Township
NC
Postal / Zip Code
Country
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Futch Creek
3b. Water Resources Classification of nearest receiving water:"
SA;HQW
3c. What river basin(s) is your project located in?"

White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020401
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 project area is comprised of approximately 65 acres of mostly uplands and is part of a 126-acre tract of land. There are two access points into the project area, the first is an existing
soil road, located directly off US Hwy 17 North, and the second is an existing paved road, which is located approximately 0.4-mile east of the intersection of US Hwy 17 North and Scotts
Hill Loop Road South. The only wetlands within the project area is the upper reach of a Hardwood Forest, which is located approximately 1 mile down and on the east side of the second
access road and encompasses approximately 0.75-acre. General land use in the vicinity of the project is residential and commercial, and is in an area that is experiencing rapid growth.
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:
0.2 acre
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 the project is to establish a safe and stable slope, off the edge of a sidewalk, that will be within the proposed Indigo at Abbey Preserve S.D.
4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail replacing and extending two 48" RCP under Road A and installing a 17' x 18' rip -rap dissipator pad, which will be constructed by installing filter fabric and overlaying
with Class C rock, which will be keyed in, to match the existing grade. The work will entail removing approximately 5 cubic yards or material from the wetland, where the pipes are to be
installed. Approximately 6.1 linear feet of the pipes and the dissipator pad will permanently impact 0.016-acre of riparian wetlands. As part of the work, the Applicant is proposing two
temporary construction buffers, one 0.08-acre and the other 0.03-acre. Upon completion of the installation of the culverts and dissipator pad, the construction buffers will be restored the
original grade and contour and allowed to revegetate naturally.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O 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-2022-00380
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Issued: 5/4/22
Expires: 5/5/27
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 project has two access points, one off US Hwy 17 and the other Scotts Hill Loop Road. Furthermore, county sewer and water lines are available for hookup off either road, without
impacting wetlands.
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
L

2a1 Reason (?)
2b. Impact type (?)
2c. Type of W.
2d. W. name
2e. Forested"
rf.) Type of Jurisdcition *
Road Crossing
P
Headwater Forest
A
Yes
Corps
0.016
(acres)
Construction Buffer
T
FalwaterForest
A
Yes
Corps
0.008
(acres)
Construction Buffer
T
F"water Forest
A
Yes
Corps
0.003
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.011 0.016
2g. Total Wetland Impact
0.027
21. Comments:
The area to be temporarily disturbed during the construction process will be returned to its original grade and contour and allowed to revegetate
naturally.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the project, wetlands were delineated. Rather than relocating the existing paved road, off Scotts Hill Loop Road, the Applicant chose
to improve it, but to do that impacts to wetlands was needed, at which time, the Applicant incorporated wingwalls into the design, thereby reducing
permanent wetland impacts by 0.011-acre. Additionally, while the inclusion of a downstream dissipator, on the end of the twin 48" culverts will permanent
fill wetlands, it will reduce downstream erosion, by reducing the velocity at which stormwater will be discharged out of the pipes.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to land disturbing activities, silt fence and other construction stormwater best management practices (BMP) will be installed. the BMP will inspected
weekly and after a rain event that produces more than 1" of rain within a 24 hour period, with maintenance be undertaken as needed.
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 project entails permanently removing function from 0.016-acre of wetlands, which is below the USACE's threshold for requiring mitigation.
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:
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
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 proposed subdivision will be high density, where stormwater is collected in ponds, where it is treated, prior to discharging into downstream receiving waters. A stormwater permit is
being sought concurrently with this application.
G. Supplementary Information O

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 project will not provide access to currently land locked property. Additionally, treating pre and post construction stormwater before discharging offsite
should ensure sediment and other potential pollutants are not being carried 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.
Sewer lines will be installed, within the NC DOT ROW, to a treatment plant that is approximately 1300 linear feet north of the entrance of US Hwy 17N.
There are no wetlands within the NC DOT's ROW.
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 Official Species List and NLEB Consistency Letter (see attached)
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?
The project site 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?"
SEGi relied upon the NC State Historic Preservation Office's HPOWEB 2.0 interactive map (see attached). While there are numerous historic properties
within close proximity to the project area, there are no structures within the project area and the site is not located within an area designated as National
Historic Place.
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 is on the edge of an AE Flood Zone, where there are no restrictions on increasing the elevation. The local flood plain administrator will
evaluate the project for floodplain compliance when reviewing the project for building permits.
8c. What source(s) did you use to make the floodplain determination?*
Fender 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
Indigo at Abby Preserve (Foy Tract) PCN Attachments 5-17-23.pdf 14.91 MB
Agent Authorization Form signed.pdf 41.9KB
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
5/18/2023
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