20230907 Ver 1_ePCN Application_20230622

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:
9/19/2022
BIMS # Assigned
20230907
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY Castle Hayne Habitat for Humanity
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/22/2023
Nearest Body of Water
Ness Creek
Basin
Cape Fear
Water Classification
C;sW
Site Coordinates
Latitude:
34.304827
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
Yes No
Longitude:
-77.924288
Version#*
1
Reviewing Office`
Wilmington Regional Office - [phone]
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
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: 18 - Minor Discharges
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
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:
Cape Fear Habitat for Humanity
2b. Deed book and page no.:
6316 665
2c. Contact Person:
Lauren McKenzie, Executive Director
2d.Address
Street Address
3310 Fredrickson Road
Address Line 2
City State / Province / Region
Wilmington NC
Postal / Zip Code Country
28401 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:
Wilmington
2. Project Identification
2a. Property Identification Number:
2b. Property size:
R02519-001-011-000
13.93
2c. Project Address
Street Address
3101 Castle Hayne Road
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Ness Creek
3b. Water Resources Classification of nearest receiving water:
QSW
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.
030300070809
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 +/- 14.0 acre site is located in a rural but fast growing part of New Hanover County. Ness Creek, which bisects the property from southwest to northeast, is bordered by Bottomland
Hardwood Forest wetlands and are the only waters of the US within the project boundaries (see attached Wetland Boundary Map). The eastern portion of the project site historically used
for farming and remains grassed, while the western side has been logged. Sediment and erosion control measures have been installed and the grading contractor is working on installing
the stormwater infrastructure, using logging mats and beams to cross the wetlands and stream until the permit is secured.
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:
2.25
4g. List the total estimated linear feet of all existing streams on the property:
1025
4h. Explain the purpose of the proposed project: *
The purpose of this project is to provide access to eleven lots, on the west side of Ness Creek, in a proposed subdivision that will provide housing to underprivileged people, who are
willing to work for it, in an area where housing is in high demand.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project entails removing woody and herbaceous vegetation from the proposed wetland impact areas, prior to installing the footers for a 50' x 15' x 6' bottomless culvert, which will span
Ness Creek. Once the footers, culvert and head walls have been installed, the wetland areas will be backfilled with clean earthen soil, with a min of three to one slopes, which will be
stabilized immediately upon completion of final grading. In total, 0.077-acre of riparian wetlands will be permanently filled and 0.033-acre will be temporarily impacted during the
construction process. The temporary impact areas will be returned to their original grade and contour and allowed to revegetate naturally. Please refer to the site plan for details of the
proposed work.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
The Applicant is not seeking a JD with this application
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): David Scibetta
Agency/Consultant Company: SEGi
Other:
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?
Previous permits were not secured for any part of this project and future permits are not necessary to make it viable.
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
W1-A
W1-B
2a1 Reason (?)
Road Crossing
Const. Buffer
2b. Impact type* (?)
P
T
2c. Type of W.
Fttomland Hardwood Forest
Fttomland Hardwood Forest _]
2d. W. name
A
A
2e. Forested*
No
No
2f. Type of Jurisdicition *
?)
Corps
Corps
]
�2g. Impact
area *
0.030
(acres)
0.003
(acres)
W1-C
Const. Buffer
T
Ftt,mland Hardwood Forest
A
No
Corps
0.010
(acres)

W2-A
W2-B
Road Crossing
Const. Buffer
P
T
ottomland Hardwood Forest
f
Ftt-mland Hardwood Forest
A
A
No
No
Corps
Corps
0.047
(acres)
0.010
(acres)
W2-C
Const. Buffer
T �Fttomland
Hardwood Forest
A
No
Corps
0.010
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.033 0.077
2g. Total Wetland Impact
0.110
2i. Comments:
Temporary impact areas will be restored to their original grade and contour and allowed to revegetate naturally. Please see wetland impact map for
details.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the project, the Applicant had the waters of the US delineated. During the design phase the engineer positioned the road to cross
Ness Creek, at a location, where the crossing would be as close to perpendicular, to the feature, as possible. Additionally, the Applicant incorporated a
bottomless culvert, which avoided permanently impacting approximately 0.031-acre if warm water stream bottom. Lastly, lots were designed so that
there are no wetlands within any individual lot, thereby removing the potential for individual lot owners to impact wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment and erosion control BMP will be installed prior to land disturbing activities. The measures will be inspected weekly and/or after 1" of rain within
a 24 hour period event. The authorized wetland and stream limits will be identified, in the field, to ensure work does not take place outside the authorized
area.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Mitigation is not required for wetland impacts less than 0.10-acre or stream impacts that are less than 0.02-acre.
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:
This project is not 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
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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
New Hanover County
Comments:
The Applicant received local stormwater approval from New Hanover County.
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.
The project does not provide access to currently land locked property, and all stormwater, generated from the proposed project, will be treated prior to
discharging offsite, into surface waters and/or into down stream 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.
CFPUA supplies sewer and water in this area. Lines are available across Castle Hayne Road.
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?
USFWS IPaC (see attached). All trees within the project area have been taken out.
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?
There are no waterbodies, either within the project area or in close proximity, 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 relied upon the NC SHPO HPOWEB2.0 GIS Map (see attached) to determine the project is not located in an area designated as a National
Historic Place, and there are no structures, 50 years or older, within the project limits.
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:
A No Rise Certificate has been approved by the New Hanover County Floodplain Administrator (see attached).
8c. What source(s) did you use to make the floodplain determination?
New Hanover 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
3101 Castle Hayne Road (Habitate for Humanity) PCN Attachments 6-22-23.pdf 11.34MB
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:
Dana A. Lutheran
Signature
1;%-, 01 45ul mtr
Date
6/22/2023
U