20220774 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:
3/31/2023
BIMS # Assigned
20220774
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Carolina Colours Medical & Office Park/New Market HDS, LLC/Waterscape Way/Craven
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/22/2023
Nearest Body of Water
UT to Brice Creek
Basin
Neuse
Water Classification
C;Sw,NSW
Site Coordinates
Latitude:
Longitude:
35.029905
-77.008011
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Craven
Is this a NCDMS Project
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Robert Tankard:[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 Market HDS, LLC
2b. Deed book and page no.:
2359/0855
2c. Contact Person:
Mr. David Swain
2d. Address
Street Address
1131-B Military Cutoff Road
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal/Zip Code
Country
28405
us
Yes No
Yes No

2e. Telephone Number: 2f. Fax 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
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28412
us
4d. Telephone Number:
4e. Fax 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:
New Bern
2. Project Identification
2a. Property Identification Number:
2b. Property size:
7-104 -27002
+/_ 4-acres
2c. Project Address
Street Address
The project is located east of the Waterscape Way roundabout in New Bern, NC.
Address Line 2
City
State / Province / Region
New Bern
NC
Postal / Zip Code
Country
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Brice Creek
3b. Water Resources Classification of nearest receiving water:
QSw,NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202040304
4. Project Description and History
Q
u

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 8.0-acre project site is located southeast of New Bern, in the Carolina Colours Medical Park, where construction of the first phase has already begun. The project site was cleared of
trees a few years ago, thus there are no mature trees on the site. An approximately 0.17-acre Pocosin wetland can be found on the east side of the subject property (see attached USACE
PJD). The 0.03-acre of non -wetland WoUS, shown on the PJD map, have been filled in accordance with the Corps' authorization to utilize NWP 39. Commercial is the general land use
within the area of the project site.
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).
Ms. Emily Thompson, with the USACE, issued a Nationwide Permit 39 under USACE Action ID SAW-2022-00605, which authorized the discharge of fill material into 0.03-acre of
jurisdictional ditches, to develop multidisciplinary medical facilities and general office spaces (see attached).
4f. List the total estimated acreage of all existing wetlands on the property:
0.17
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 this project is to build out the rest of the 8.0-acre project site, which will provide medical services in a rapidly growing area of Craven County, where demand is high.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The project will entail removing vegetation and unsuitable soils, from the 0.17-acre wetland, and backfilling with clean earthen soil, which will be graded to provide building pads for two
3500 square foot buildings, with associated parking and infrastructure. Large machinery, such as dump trucks, excavators and front end loaders will be used to complete the work.
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-2022-00605 (see attached)
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kim Williams
Agency/Consultant Company: Davey Tree Company
Other:
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD issued 3/25/22 and does not expire.
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?
The project utilized NWP 39 to fill 0.03-acre of non -wetland WoUS, to install roads and provide building pads and parking for 10,800 square foot building and associated parking and
infrastructure (see previously issued NWP 39 attached). Future impacts to WoUS are not needed to make the project feasible.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries F) Buffers
Open Waters Pond Construction
2. Wetland Impacts
Q
V
2a1 Reason(?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested*
2f. Type of JurisdicitiI
?)
29. Impact
area
Building Pad
P
Pocosin
A
No
Corps
11
0.170
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.170

2g. Total Wetland Impact
0.170
2i. 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:
Before the applicant began designing the project, wetlands were delineated within the project boundaries. The Applicant avoided the 0.17-acre Pocosin,
with the first site plan, but due to local parking and stormwater requirements was unable to avoid and/or minimize the impact with the final design.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to undertaking land disturbing activities, silt fence and other construction stormwater best management practices (BMP) will be installed. The
measures will be inspected weekly and after each rain event that produces more than 1" of rainfall within a 24 hour period. They will be repaired 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
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:
Brices Creek WMB
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.34
3c. Comments
A credit reservation letter will be furnished upon receipt from the mitigation bank.
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 surface waters (i.e., stream, rivers, lakes or ponds) within the project boundaries.
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
HWQ or ORW
Coastal Counties
Other
Comments:
This will be a high density development, where post construction stormwater will be collected and treated, prior to discharging off -site or into downstream receiving waters.
O

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.
This project will not provide access to currently land locked property. In addition, stormwater BMP should ensure runoff is treated prior to discharging off -
site or into nearby 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 is provided by Craven County.
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 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?
USFWS IPaC - The site was previously evaluated as part of the review for the NWP 39, and determined that the project would not adversely effect ES or
DCH. Furthermore, there are no mature trees within the project limits, thus SEGi has determined "no effect" on the NLEB (see attached Official Species
List and NLEB Consistency Letter).
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 is relying on Land Management's 2021 finding that the proposed project would not adversely effect historic or archeological resources. Additionally,
SEGi relied upon the NC SHPO HPOWEB 2.0 portal (see attached), which shows the project site is not within an area designated as a National Historic
Place and there are no known historical or archeological resources within the project area.
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?"
https://flood.nc.gov/ncflood/riskToolsFull.html (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
Carolina Colours Medical Park PCN Attachments 5-19-23.pdf 5.26MB
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
0~r1
Date
5/22/2023