20220220 Ver 2_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:
2/7/2022
BIMS # Assigned
20220220
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:
Brunswick Pines - Phase 1 & Utility Easement
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/14/2023
Nearest Body of Water
Shallotte River
Basin
Lumber
Water Classification
C; Sw; HOW
Site Coordinates
Latitude:
33.950856
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:
-78.416372
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:[e-mail]
1c. Primary Contact Phone: *
[phone]
O
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.
2/7/2022
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: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
58
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:
FMJ Holdings LLC Etals
2b. Deed book and page no.:
2c. Contact Person:
David Kingman (manager)

2d. Address
Street Address
3687 Wingfoot Drive
Address Line 2
City
Southport
Postal / Zip Code
28461
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Kyle diPretoro
3b. Business Name:
BIRD Land & Investment
3c.Address
Street Address
234 Kingsley Park Drive, Suite 110
Address Line 2
city
Fort Mill
Postal / Zip Code
29715
3d. Telephone Number:
[phone]
3f. 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 Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Brunswick Pines
1c. Nearest municipality / town:
Shallotte
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
Sc
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
O
2. Project Identification

2a. Property Identification Number:
21300006
2b. Property size:
317
2c. Project Address
Street Address
NC 179
Address Line 2
city
Shallotte
Postal / Zip Code
28470
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Shallotte River
3b. Water Resources Classification of nearest receiving water:'
C; Sw; HOW
3c. What river basin(s) is your project located in?
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402080202
4. Project Description and History
State / Province / Region
NC
Country
USA
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 Shallotte River forms the northern project boundary and unnamed tributaries of the river extends into the middle and southern parts of the site. Several ditches are located in the
northern portion of the site and tie into the wetlands adjacent to the river. There is a significant topographic break between uplands and the river and streams. Most of the wetlands located
adjacent to the river and other streams on site support a fairly dense canopy of hardwoods and pines. A Carolina Bay is located in the southeastern part of the site and supports a thick
assemblage of pines and bay species. A cypress wetland pocket is located in the eastern central part of the site. Several small pocosin wetland pockets are scattered throughout the site
and support a dense stand of pines and bay species. Uplands located east of the stream that bisects the site were recently cleared of understory growth and support a sparse canopy of
loblolly pines, with live oaks, red oaks, and sweetgum in the understory. Uplands located northwest of this stream have not been bushhogged and support a fairly thick assemblage of
loblolly pines (4" to 8" DBH), turkey oak, and laurel oak. Uplands in the southwestern part of the site support a young and dense assemblage of longleaf pines (Y — 8" DBH), with some
scattered turkey oak in the shrub layer, and wiregrass in the herbaceous layer. Two small fallow fields are located in the southcentral part of the tract. Several dirt roads provide access
throughout the site. A review of historical aerials shows that vegetation has been timbered several times within sections of the tract since at least the 1950s. Adjacent land use consists of
a mix of undeveloped and forested land and residential development.
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:
81
4g. List the total estimated linear feet of all existing streams on the property:
7,300
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct Phase 1 of a residential subdivision within the tract to serve the housing needs of Brunswick County. Jurisdictional wetland and ditch impacts are
needed for road crossings to provide access throughout Phase 1 of the site. Additionally, temporary ditch impacts are needed to install water and sewer lines.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists of constructing a residential development with Phase 1 of the site and installing utilities from Washington Road into the site.
The limits of disturbance will be cleared of vegetation and graded. Roads, utilities and stormwater facilities will be installed. The roads will cross jurisdictional wetlands and ditches.
Culverts will be used at these crossings to maintain hydrologic flow. There will be an extension of the 8" gravity sewer main from Phase 1 to the pump station site (which falls within the
Phase 2 area), then a new 6" sanitary sewer force main from the pump station to the point of connection with an existing Brunswick County force main on the NW side of US 17. The force
main will be 8" where it transitions to HOPE to maintain inner diameter. This proposed force main will serve the Brunswick Pines development exclusively. The applicant is also proposing a
small water service line to the pump station site until the Phase 2 improvements are installed and this service can be connected to the water main in that phase.
The sewer line will be directionally bored under the Shallotte River, a public trust water, and its adjacent wetlands and no impacts will occur to this resource. A CAMA GP will be requested
from DCM. Once utilities and roads are in place, homes will be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
Note that the applicant applied for Section 404/401 permits in 2022. However, the 401 WQC was denied because the applicant could not provide road crossing specifications at that time.
The engineer recently designed the two wetland crossings and another road that will provide access to a proposed pump station in Phase 1. Other wetland/stream crossings are
anticipated in future phases, but the developer is not ready to perform detailed engineering for these future phases. Once the developer is able to design these phases, impacts will be
looked at cumulatively with the impacts in this application.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
O Unknown
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-2021-02108
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Mark Westendorff
Agency/Consultant Company: LMG (now DRG)
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Gary Beecher with the USACE issued a PJD for the project site on 7/26/22. DRG staff recently delineated the utility line corridor and attached is the preliminary wetland map.
6. Future Project Plans
6a. Is this a phased project?*
Yes Q No
6b. If yes, explain.
This large residential subdivision is being constructed in phases. Only Phase 1 has been designed at this time. Impacts will likely be needed in future phases and impacts will be looked at
cumulatively in any subsequent Section 404/401 permitting requests.
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?
Yes
D. Proposed Impacts Inventory
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
L
2a1 Reason (?)
Road Crossing
2b. Impact type* (?)
P
2c. Type of W.*
fcosin
2d. W. name
W11
2e. Forested*
Yes
2f. Type of Jurisdicition *
(?)
Both
2g. Impact
area *
0.265
(acres)
=
Road Crossing
P
Pocosin
W 11
f=foth
0.049
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.314
2i. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.314
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
Road Crossing
P
N/A
Culverts
Ditch
0.01
Road Crossing
P
N/A
Culverts 11
Ditch
0.01
3 & 4
Sewer Line Installation
T
N/A
Excavation
_11
Ditch
0.01
4g. Total temporary open water Impacts:
0.01
4g. Total open water impacts:
0.03
4h. Comments:
E. Impact Justification and Mitigation
4g. Total permanent open water impacts:
0.02
O
1. Avoidance and Minimization

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant attempted to minimize impacts as much as possible. The only permanent impacts that are requested are for road crossings. The sewer
line will be directionally bored under the Shallotte River and its adjacent wetlands to avoid impacts to these resources.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sedimentation and erosion control permit and stormwater permit will be obtained prior to construction.
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
3a. Name of Mitigation Bank:
Stone Farm Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.6
3c. Comments
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 Lumber River Basin, which does not have 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
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 preparing a stormwater plan for Phase 1.
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)
O

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 or utilities to adjacent tracts. Proposed utility lines will only serve the Brunswick Pines development. Stormwater and
erosion control permits will be obtained to minimize downstream impacts during construction. If impacts are needed for future phases, they will be looked
at cumulatively with the impacts in Phase 1.
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.
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?
A search of the North Carolina Natural Heritage Program (NHP) database was conducted to identify areas within and around the site that are already
known to support federally listed species. According to their files, there are no known observations of federally protected species on the site. The
federally listed American alligator has been documented within a one mile of the site. The USFWS IPaC database was also reviewed and several
species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found within
the site. The Shallotte River (northern boundary) may provide suitable habitat for the American alligator and wood stork. No impacts to this resource are
proposed. Additionally, forested areas within the site could potentially provide appropriate winter and summer roosting habitat for the northern long-eared
bat. DRG performed a determination key for the NLEB, which resulted in a NLAA determination. The site does not appear to provide appropriate habitat
for any other federally protected species known to occur in the region. The northeastern portion of the site currently supports a canopy of medium to
large loblolly pine trees with little midstory. However, the entire tract was thickly vegetated up to one year ago. Longleaf pines in the southwestern part of
the tract are too young to currently support red cockaded woodpeckers. For these reasons, the site does not appear to provide suitable habitat for the
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?
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 known 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
8b. If yes, explain how project meets FEMA requirements:
Phase 1 of the residential development is not located within a 100-yr floodplain. However, the utility line will be installed partially within the 100-yr
floodplain. The engineer will ensure floodplain requirements are met.
8c. What source(s) did you use to make the floodplain determination?
Information from engineer.
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
Brunswick Pines Phase 1 Attachments.pdf 6.34MB
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:
Kim Williams
Signature
C/C�m W' //--;.(J
Date
6/14/2023
6