20171236 Ver 3_ePCN Application_20230526

DW R
DHlslon 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:
5/25/2022
BIMS # Assigned
20171236
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
1a. Name of project:
Headwaters Apartments and Cottages
1a. Who is the Primary Contact? *
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/26/2023
Nearest Body of Water
Mill Creek
Basin
White Oak
Water Classification
SA; HOW
Site Coordinates
Latitude:
34.3584
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:
-77.7717
Version#*
3
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider: Hol [e-mail]
1c. Primary Contact Phone:*
[phone]
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
Please provide the date of the previous submission.
6/30/2022
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):
18
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
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:
Headwaters Properties, LLC & Three Oaks Partners, LLC
2b. Deed book and page no.:
2c. Contact Person:
Jason Swain
*
Yes No
Yes No

2d. Address
Street Address
1131-B Military Cutoff Rd
Address Line 2
city
Wilmington
Postal / Zip Code
28405
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 Ave
Address Line 2
Suite 15
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)
1c. Nearest municipality / town:
Hampstead
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2a. Property Identification Number:
3282-74-1725-0000;3282-74-4446-0000;
2b. Property size:
3282-73-9756-0000
45.7
2c. Project Address
Street Address
Deerfield Drive
Address Line 2
City
State / Province / Region
Hampstead
NC
Postal / Zip Code
Country
28443
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Mill Creek
3b. Water Resources Classification of nearest receiving water:
SA; HQW
O
3c. What river basins) is your project located it *

White Oak
3d. Please provide the 12-digit HUC in which the project is located.
0302030204
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 tract is currently undeveloped. The northern part of the site was cleared 6-8 years ago and now supports a dense shrub layer. Remaining uplands within the site support a mix of
hardwoods and pines that are 25 to 30 years in age. The wetland drain that runs through the center of the site supports mostly black gum. A few dirt roads provide access throughout the
site. Adjacent land use is commercial, residential or undeveloped and forested.
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-2016-00123; DWR Project # 2017-1236. These permits authorized permanent impacts to 0.2 acre of 404 wetlands, 0.56 acre of isolated wetlands (basin), and 0.0046 acre of RPW;
temporary impacts to 0.003 acre of wetlands. This was for a commercial development. In 2022, a new NWP and 401 WQC were issued for impacts. NCDOT is requiring the access road to
be wider previously planned, which will result in additional wetland impacts. Therefore, we are submitting a revised PCN.
4f. List the total estimated acreage of all existing wetlands on the property:
3.5 acres of 404 wetlands; 0.56 acres of isolated wetlands
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project:"
The purpose of the project is to construct a mixed use development within the site that will contain both residential and commercial uses to serve the housing and retail needs of the
community. Wetland impacts are needed for site access, construction of buildings, and stormwater. The applicant obtained Section 404/401 permits for this project in 2022, but NCDOT
recently required a wider road with a multi -use path, which has slightly increased wetland impacts from what was previously authorized. Therefore, a new application is submitted.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The residential development will contain 7 apartment buildings, 48 single-family lots, an amenity area (clubhouse, pool), and 3 outparcels off of Highway 17. Roads, utilities, stormwater
ponds, and parking areas are also proposed. Future development is planned off Collector Road B. Note that NCDOT has required a wider road with a multi -use path, which has slightly
increased wetland impacts from what was previously authorized.
Sediment and erosion control measures will be put in place. Then the limits of disturbance will be cleared of vegetation and site grading will occur. Roadways and utilities will be installed.
Two 18" culverts will be installed within a wetland (Impact #1) to maintain flow. Then building construction will occur. 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 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-2017-00892; SAW-2016-00123
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Farley
Agency/Consultant Company: DRG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Tom Charles issued a new PJD for this site when the last NWP was issued on 9/9/22. Action ID# listed was SAW-2021-02251, but this may be incorrect.
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?
No
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
2a1 Reason (?)
2b. Impact type" (?)
�2c. Type of W.
2d. W. name
2e. Forested"
. Type of Jurisdiction *
r(If)
2g. Impact
area
Road Crossing
P
Hardwood Flat
W2
Yes
Both
0.060
(acres)
Retaining Wall
T
Hardwood Flat
W2
Yes
Both
0.004
Construction Corridor
(acres)
Building Construction
P
Non-Riverine Swamp Forest
W4
Yes
[Both
0.073
(acres)
Road Crossing
P �Fn-Riverine
Swamp Forest
W5
Yes
Both
0.035
(acres)
Stormwater Pond
P
F-Riverine Swamp Forest
W6
Yes
Both
0.022
(acres)
2g. Total Temporary Wetland Impact
0.004
2g. Total Wetland Impact
0.194
2i. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.190
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
F77]
Fill for road; excavation
of pond
P
N/A
Fill
Ditch
0.04
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.04
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.04
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The majority of the 404 wetland impacts are needed to construct the access road between Hughes Road and Deerfield Drive. The location of the road
was determined with input from DOT and was positioned to line up at existing intersections with other roads. Therefore, it could not be moved to avoid
these wetlands. The applicant also evaluated whether reducing the size of one or more of the outparcels and shifting apartment buildings could avoid
Wetland Impact #3. It was determined that this impact could not be minimized. Even if it was avoided, the construction of the road and stormwater pond
right next to it would affect its hydrology. The majority of wetlands to be impacted are very small depressions with little hydrologic or habitat function.
Stormwater ponds will be constructed adjacent to wetlands in the northern part of the site. However, topographic information for this area indicates that
hydrology will be maintained to these wetlands by run off coming from the adjacent property. Note that culverts will be installed under the road at
Wetland Impact #1 to maintain hydrology.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development.
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):
DWR 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
O

3a. Name of Mitigation Bank:
Northeast Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.4
3c. Comments
The applicant has already purchased 0.4 acres of wetland credits, which would cover the additional impacts. Therefore, no additional mitigation is
proposed.
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:
Site is located in the White Oak River Basin
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:
Project engineer is currently in the process of obtaining a stormwater permit.
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
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 utilities or access to adjacent tracts. No additional impacts to jurisdictional areas are anticipated on this site. Stormwater and
erosion control permits will be obtained and implemented to ensure downstream waters are protected.
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.
Project will tie into municipal wastewater treatment system.
O

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?
The NC Natural Heritage Program website was used to determine the presence of federally -listed species. No federally listed species are known to
occur on the site. The Atlantic sturgeon and West Indian manatee are known to occur within a one -mile radius of the site. Several state -listed species
have been documented within a one -mile radius of the site, likely in the lower limits of Mill Creek or the AIWW, which is located approximately one mile
from the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these
are coastal and/or marine species and would not be found within the project area. The site is a mix of hardwoods and pines, with a moderately dense
shrub layer. Therefore, it does not appear to provide suitable habitat for the red cockaded woodpecker. Forested areas within the site provide
appropriate summer and wintering roosting habitat for the northern long-eared bat. A NLEB determination key was completed for this project and
resulted in a NLAA determination. The site does not appear to provide suitable habitat for any other species known to occur in the 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 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 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 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
Headwaters Attachments 2023.pdf 7.17MB
File must be PDF or KMZ
Comments
Signature

p 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:
Kim Williams
Signature
Date
5/26/2023