20230711 Ver 1_ePCN Application_20230522

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:
4/25/2019
BIMS # Assigned
20230711
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:
Masonboro Loop Rd. Multi -use Trail
1a. Who is the Primary Contact?*
Heather Smith
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/22/2023
Nearest Body of Water
Hewletts Creek and Whiskey Creek
Basin
White Oak
Water Classification
Both are SA;HQW
Site Coordinates
Latitude:
34.184706
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:
-77.86112
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Hannah Sprinkle:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

Is this a NCDOT 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
Please provide the date of the previous submission.
4/25/2019
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
1e. 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:
City of Wilmington
2b. Deed book and page no.:
2c. Contact Person:
Anthony Geathers, Project Manager

2d. Address
Street Address
P.O. Box 1810
Address Line 2
city
Wilmington
Postal / Zip Code
28402
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Heather Smith
4b. Business Name:
VHB
4c.Address
Street Address
940 Main Campus Dr.
Address Line 2
Suite 500
city
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wilmington
2. Project Identification
2a. Property Identification Number:
mulitple
2c. Project Address
Street Address
4012 Masonboro Loop Rd.
Address Line 2
city
Wilmington
Postal / Zip Code
28409
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hewletts Creek and Whiskey Creek
3b. Water Resources Classification of nearest receiving water:
Both are SA;HQW
3c. What river basin(s) is your project located it *
White Oak
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
8
State / Province / Region
NC
Country
USA
a

3d. Please provide the 12-digit HUC in which the project is located.
030203020502
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 site is located in a developed area of Wilmington comprised mainly of subdivisions, businesses, and an elementary school along Masonboro Rd. There are a few wooded
areas on the east side of the road. The site is generally flat with a few streams and wetlands adjacent to the roadway.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2017-01780 and NCDWR No. 20190530
4f. List the total estimated acreage of all existing wetlands on the property:
0.12
4g. List the total estimated linear feet of all existing streams on the property:
54
4h. Explain the purpose of the proposed project:'
The purpose of this project is to add a multi -use path along Masonboro Loop Rd.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
This project will add a multi -use path and associated drainage requirements on the west side of Masonboro Loop Rd. It will connect to existing sidewalks located near the Masonboro Loop
Rd./Navaho Trl. and Masonboro Loop Rd./Linnea Rd. intersections. The project will permanently impact 0.08 acres of wetlands. There will be 34 linear feet of permanent and 12 linear feet
of temporary stream impacts. Standard construction equipment will be used, bulldozer, dump trucks, back hoe, etc.
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-2017-01780
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Heather Smith
Agency/Consultant Company: VHB
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
8/23/2017
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
O
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested" ��2f.
Type of Jurisdicition *
?)
2g. Impact
area *
Fill
P
Non -Tidal Freshwater Marsh
Wetland D
No
Both
0.031
acres)

Mechanized Clearing
P
Non -Tidal Freshwater Marsh
Wetland D
No
__]
Both
0.001
(acres)
Fill
P
Hardwood Flat
Wetland C
Yes
Both
0.001
(acres)
Mechanized Clearing
P
Hardwood Flat
Wetland C
Yes
Both
0.014
(acres)
Fill
P
Headwater Forest
Wetland B
Yes
Both
0.002
(acres)
Mechanized Clearing
P
Headwater Forest
Wetland B
Yes
Both
0.002
(acres)
Fill
P
Headwater Forest
Wetland A
Yes
Both
0.028
(acres)
Mechanized Clearing
P
Headwater Forest
Wetland A
Yes
Both
0.004
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.083
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.083
F
S1
3a. Reason for impact (?)
24" RCP
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name`
Stream B
3e. Stream Type*
?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
10
Average (feet)
3h. Impact
length*
34
(linear feet)
S2
Sediment and Erosion
Temporary::]
Dewatering
Stream B
Intermittent
Both
10
Average ((eeQ
12
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
34
31. Total stream and ditch impacts:
46
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
12
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project follows the existing transportation facility and utilizes the existing ROW where possible. Wetland and stream impacts occur where there is no
other feasible location for the multi -use trail or drainage features.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Where feasible, slopes were steepened to 2:1 adjacent to wetlands. Sediment and erosion control measures will be located to minimize stream and
wetland impacts.
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 is impacting less than 0.10 acres of wetlands and 150 linear feet of stream. Mitigation is not offered as part of this project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
0
u
O

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 located in the White Oak River basin and does not have State regulated 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
Comments:
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
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: *
The project does not meet the thresholds for a SEPA document.
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 is in a developed area with multiple subdivisions and businesses and will connect with existing sidewalks. The addition of sidewalks is not
expected to increase development along Masonboro Loop Rd.
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
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?
Marginal habitat for the red -cockaded woodpecker (RCW), golden sedge, rough -leaved loosestrife, and Cooley's meadowrue exists within the study
area. No evidence of nesting or cavity trees for RCW was found during the January 2017 site visit. A plant -by -plant survey was conducted, in mid June
2017, within suitable habitat for golden sedge, rough -leaved loosestrife, and Cooley's meadowrue. No specimens of these species were observed during
the mid June site visit. A determination key for the northern long-eared bat a may -affect, reached a determination of Not Likely to Adversely Affect the
NLEB. The consistency letter is included in the supplemental information attachment. A NHP Data Explorer report, dated 5/19/23, shows an occurrence
of bald eagle and Atlantic sturgeon within a mile, the other listed species are not known within 1.0 mile of the project 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?
NOAA Essential Fish Habitat 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? *
NC State Historic Preservation Office online mapping. The Masonboro Sound Historic District is listed on the National Register and abuts Masonboro
Loop Rd. on the east side near the intersection with Finian Rd. The project occurs on the west side of Masonboro Loop Rd. SHPO has not been
contacted about this project.
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 be at grade and no FEMA permits are required per Kathryn Thurston, City of Wilmington Floodplain Manager during a phone call on
4/4/2019.
8c. What source(s) did you use to make the floodplain determination?
Floodplain Risk Information Systems
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
Supplemental Information.pdf 74.63MB
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:
Heather Smith
Signature
Date
5/22/2023
U