20230735 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:
3/7/2023
BIMS # Assigned
20230735
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:
South Harbor Townhouses- Dosher-211 Tract
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/22/2023
Nearest Body of Water
Midway Branch
Basin
Lumber
Water Classification
C;sw
Site Coordinates
Latitude:
33.983191
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:
-78.188335
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:[e-mail]
1c. Primary Contact Phone: *
[phone]
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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:
Sunset Harbor Residential, LLC
2b. Deed book and page no.:
4927/1161
2c. Contact Person:
Joe Barklow

2d. Address
Street Address
629 EUCLID AVE
Address Line 2
STE 1300
city
CLEVELAND
Postal / Zip Code
44114-3003
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:
Supply
2. Project Identification
State / Province / Region
OH
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2a. Property Identification Number:
2b. Property size:
1860002001
28.5 +/-
2c. Project Address
Street Address
Corner of Hwy 211 (Southport -Supply Road) and Sunset Harbor Road SE
Address Line 2
city
State / Province / Region
Supply
NA
Postal / Zip Code
Country
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Midway Branch
3b. Water Resources Classification of nearest receiving water:"
C;SW
3c. What river basin(s) is your project located in?"

Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402080105
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 28.61-acre project site is located on the southwest corner of the intersection of Hwy 211-Southport Supply Road and Sunset Harbor Road SE and is wooded and undeveloped. It is
bordered by mostly undeveloped land to the south and east. Residential is the main land use in the area.
Along the southern portion of the project site is a bottomland hardwood forest, with mature and sappling Acer rubrum, Liquidambar styraciflua and Pinus taeda, as well as vine species,
such as Vitis rotundifolia and Gelsemium sempervirens. Within this wetland is a non -wetland waters of the US (WoUS or man made ditch).
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 acres
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 provide housing, in a rapidly growing area of Brunswick County, North Carolina, where the demand is very high.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail removing all vegetation from three (3), proposed wetland impact areas and backfilling with clean earthen soil, which will be graded to the desired level and slope.
Impact Area 1 will require permanently impacting 0.246-acre if wetland for a road crossing. A 60' long RCP (size TBD), will be installed to allow water flow between the remaining wetland
complex. Impact Areas 2 and 3 are for building pads and will require 0.233-acre and 0.15-acre respectively. Cumulatively, the project will permanently impact 0.494-acre or wetlands.
Heavy machinery, such as dump trucks, front end loaders and excavators, will be used to accomplish the work. Indirect impacts should be avoided by installing pre and post construction
stormwater best management practices.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No G 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-2022-00488
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Noah Dean
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: August 1,2022
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?
This project is not part of a planned unit development and will not provide access to a currently land locked piece of property. No permits were necessary for distant linear or utility projects,
to make the proposed 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 O Buffers
Open Waters Pond Construction
2. Wetland Impacts
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2a1 Reason (?)
2b. Impact type (?)
2c. Type of W.
2d. W. name
2e. Forested"
rf.) Type of Jurisdcition *
Road Crossing
P
Bottomland Hardwood Forest
A
Yes
Both
0.246
(acres)
Lot Fill
P
Fttomland Hardwood Forest
A
Yes
Both
0.233
(acres)
Lot Fill
P
Fttomiand Hardwood Forest
A
Yes
Both
0.015
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.494
21. Comments:
See attached site plan for details.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.494
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the project, the Applicant had SEGi delineate the project area for wetlands and WoUS. Once it was determined that wetland impacts
could not be avoided, the project was designed to only impact wetlands for a single road crossing and three building pads. By impacting approximately
1.5 acres of wetlands, the Applicant could build at least 4 more buildings. Furthermore, all fill slopes have been reduced to 2: 1, thereby minimizing the
footprint of the proposed fill within the wetlands. This reduced wetland impacts by approximately 0.03-acre.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The approved limits of authorized fill will be clearly marked in the field and silt fence will be installed, along said line, prior to land disturbing activities.
The measures will be inspected weekly and after each rain event that produces more than 1" of rain in a 24 hour period.
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:
Stone Farm Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 1.0 AC
3c. Comments
A credit reservation letter will be submitted to the Corps, once it is received 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:
The project site is not located 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
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Comments:
The project will require both state and local stormwater permits, which are being sought, through those agencies, concurrently with this application. Stormwater will be collected and
treated, by infiltration, prior to being discharged offsite.
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, it has independent access and utilities off either Sunset Harbor Road
SE or Hwy 211, thus no distant wetland crossings are necessary.
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.
Brunswick 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?
IPaC (see attached Official Species List). There is the potential to adversely effect NLEB and RCW.
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 utilized the HPOWEB 2.0 Portal (see attached), which illustrated the project site is not within an area designated as a National Historic Place and
there are no structures on 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?
Brunswick 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
Oak Harbor Village PCN Attachments 5-22-23.pdf 3.88MB
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");
• 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
5/22/2023