20230868 Ver 1_ePCN Application_20230614

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:
5/9/2023
BIMS # Assigned
20230868
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:
NC-1038-D
la. Who is the Primary Contact?
Keith Powell
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/14/2023
Nearest Body of Water
Brunswick River
Basin
Cape Fear
Water Classification
SC
Site Coordinates
Latitude:
Longitude:
34.193551
-77.988833
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
Is this project a public transportation project?*
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:[e-mail]
1c. Primary Contact Phone: *
[phone]
Q
i�

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.
6/5/2023
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
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:
HWW LLC
2b. Deed book and page no.:
0590000901
2c. Contact Person:
Sandy Wood
*
Yes No
Yes No

2d. Address
Street Address
1605 Nellie Gray Court
Address Line 2
city
Wilmington
Postal / Zip Code
28412
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Keith Powell
3b. Business Name:
Optima Towers IV, LLC
3c.Address
Street Address
PO Box 2041
Address Line 2
city
Mount Pleasant
Postal / Zip Code
29465
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Ted Melchers
4b. Business Name:
Terracon Consultants
4c.Address
Street Address
1800 Reynolds Avenue
Address Line 2
city
North Charleston
Postal / Zip Code
29405
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Leland
2. Project Identification
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
South Carolina
Country
USA
3e. Fax Number:
State / Province / Region
South Carolina
Country
USA
4e. Fax Number:
O

2a. Property Identification Number:
2b. Property size:
0590000901
0.79
2c. Project Address
Street Address
River Road
Address Line 2
city
State / Province / Region
Leland
North Carolina
Postal / Zip Code
Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Brunswick River
3b. Water Resources Classification of nearest receiving water:'
SC
3c. What river basin(s) is your project located in?
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050504
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: "
Currently the site contains a forested habitat and fringes of cleared residential land with manicured landscaping.
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:
0.45
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project: *
To develop a cell tower around near River Road in Leland, Brunswick County, North Carolina to support the cell phone use in the area. The applicant has identified a need for the cell tower
in this area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project consists of the development of a cell tower and access road.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Terracon Consultants
Agency/Consultant Company: Consultant
Other:
6. Future Project Plans
O Unknown
Ga. Is this a phased project?*
Yes No
Are any other NWP(s), regional general pem it(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 O

1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
— Buffers
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
(?)
2g. Impact
area
W1
Fill 1p
F.-Riverine Swamp Forest
Wetland 1
Yes
Corps
0.273
(acres)
W2
Excavation
P
Fn-Riverine Swamp Forest
Wetland 1
Yes
Corps
0.057
(acres)
W3
Land Clearing
T
fn-Riverine Swamp Forest
Wetland 1
Yes
Corps
0.177
(acres)
2g. Total Temporary Wetland Impact
0.177
2g. Total Wetland Impact
0.507
2g. Total Permanent Wetland Impact
0.330
2i. Comments:
Total permanent wetland impacts includes 0.33 Acres
Total temporary wetland clearing impacts includes 0.177 Acres. This includes area outside of fill area (0.273 acres).
Total wetland impact area including permanent and temporary wetland impacts is 0.45 Acres
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The preferred onsite design alternative requires fill impacts to approximately 0.33 acres of freshwater wetlands in order to meet the requirements of the
proposed cell tower development. The location of the impacts is also dictated by the size constraints of the site and existing adjoining residential
development to the north and south of the site. The proposed onsite development has been designed to avoid and minimize impacts to WOTUS to the
maximum extent practicable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary best management practices such as silt fence and/or other diversionary structures will be used during construction as applicable. Permanent
stabilization of embankments will contain appropriately sized rip -rap over geotextile liner or other similar approved permanent erosion control features
where applicable. Temporary and permanent stormwater controls may be used to minimize sedimentation and erosion and minimize impact to the
wetland areas
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:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.66
3c. Comments
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
0
V
O
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 site is less than an acre and does not require an NPDES Stormwater permit.
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
Comments:
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.
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
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?
North Carolina Ecological Services USFWS Field Office IPaC search engine and North Carolina Natural Heritage Program (NCNHP)
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 Fisheries 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?
North Carolina Natural Heritage Program - NC Historic Resources (SHPO) Mapper
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:
Zone AE
8c. What source(s) did you use to make the floodplain determination?
FEMA
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
NWP_Supporting_Documentation_NC-1038-D_Optimized.pdf 17.23MB
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:
Ted Melchers
Signature
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Date
6/14/2023
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