20231058 Ver 1_ePCN Application_20230726

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:
7/26/2023
BIMS # Assigned
20231058
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer's
Holley Snider:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY Founders Park
1a. Who is the Primary Contact?*
Scarlett Henson - Davey Resource Group
1b. Primary Contact Email:
[e-mail]
Date Submitted
7/26/2023
Nearest Body of Water
Sturgeon Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude:
34.236807
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:
-78.011348
Version#*
1
Reviewing Office`
Wilmington Regional Office - [phone]
1c. Primary Contact Phone: x
[phone]
a
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 permits) 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
fig. 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 INC 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. Nari on recorded deed:
The Town of Leland
2b. Deed book and page no.:
b.04985 p.1247
2c. Contact Person:
Will Lear
2d. Address
Street Address
102 Town Hall Dr
Address Line 2
City
State / Province / Region
Leland
NC
Postal/Zip Code
Country
28451
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Scarlett Henson
4b. Business Name:
Davey Resource Group
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
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:
Leland
2. Project Identification
2a. Property Identification Number:
038AAO 18, 038AAO 1801, 038AAO 1804,
038AAO 1805, 038AAO 1806, 038AA02 1,
038AA02602; and utility easement
2c. Project Address
Street Address
Perry Ave
Address Line 2
city
Leland
Postal / Zip Code
28451
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Sturgeon Creek
3b. Water Resources Classification of nearest receiving water:
C;Sw
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.
030300050502
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
13.2
State / Province / Region
NC
Country
USA
O

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 site is partially developed and used as a recreational park with facilities for the Town of Leland. The northernmost portion of the project area is mostly developed with two large
buildings, parking lots, side walks and roads. The rest of the project area is mostly a park with sidewalks for pedestrian access running throughout, some roads for access, a playground, a
parking lot, and a large rectangular impervious area leading to a wooden stage for recreational events. The rectangular impervious area located centrally in the park is the footprint where a
building was demolished in 2019. There are three storm water ponds on site that stay dry for the majority of the year and fill with water during heavy rainfall events. Storm water run off
drains into these via multiple existing culverts. Adjacent land use is mostly residential, with some commercial businesses and undeveloped lots to the south.
The vegetation in the project area is mostly vegetated with grasses and some trees. The majority of the trees are clustered at the southern portion of the site. Upland trees on site are
predominantly oaks, magnolias, cherry trees with some loblolly pines and sweet gums. On the southern end of the lot, there are wetlands which are the most heavily forested part of the
project area. There are also wetlands on the western border of the project area. The wetland vegetation mostly consists of black gum, red maple and sweet gum. A perennial stream
follows the southern property line and eventually drains into Sturgeon Creek farther northwest. A ditch runs along the western property line beginning at the wetland line and terminates at
the end of Perry Ave.
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:
0.1 ac
4g. List the total estimated linear feet of all existing streams on the property:
78 ft
4h. Explain the purpose of the proposed project:
The purpose of the project is to provide an improved and more accessible park and recreational facility and maximize the open park space to accommodate the rapidly growing community
of Leland. The applicant wishes to maintain and expand upon the natural beauty of the park while improving accessibility. Ditch impacts are necessary to provide additional access to and
from the site to accommodate higher traffic and maximize open park area.
4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The recreational facility will contain two buildings, a playground, aquatic play area, additional parking space, an event stage, and an expansion and improvement of Perry Ave and the
pedestrian sidewalks for better access throughout the park. A storm water pond is proposed in the northwestern portion of the property. The drainage is proposed to be redirected from the
existing large central pond by tying new storm water pipes into the existing culverts located there. The new storm water corridor is proposed to exit the northwestern side of the proposed
storm water pond and follow an easement to the outfall. The storm water corridor and area surrounding the proposed outfall was delineated by Davey Resource Group on July 14, 2023.
According to the delineation, no wetlands are within the new storm water corridor or outfall. The existing storm water pond will be filled and graded once the storm water has been
redirected.
Sediment and erosion control measures will be put in place. The limits of disturbance will be cleared of vegetation. Roadways will be installed. There is one ditch impact proposed on the
existing ditch along the western property line from the expansion and improvement of Perry Ave. A 30 inch RCP with riprap will be installed to maintain the current storm water. Another 18
inch RCP with riprap will be installed where Perry Ave is proposed to tie into Old Fayetteville Rd. 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
Comments:
No
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-2021-00783
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jimmy Toth/Mark Westendorff
Agency/Consultant Company: Davey Resource Group
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
SAW-2021-00783 AJD was made on 5/26/2021. Additionally, DRG delineated the storm water corridor and outfall on July 14, 2023 and found it to be all uplands. This has not been verified
by the USACE.
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?
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

4. Open Water Impacts
4a. Site #
4a1. Impact Reason 714b.
Impact type
4c. Name of waterbody
4d. Activity type _114e.
Waterbody type
4f. Impact area
Road
P
N/A
Fill
_11
Ditch
0.03
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.03
4g. Total open water impacts:
0.03
4h. Comments:
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:
Impacts were minimized as much as possible in the site design. Wetlands and streams are present on the site and the plans were designed to
completely avoid any wetland and stream impacts. However, there is one ditch on the property that terminates at the end of Perry Ave. Perry Ave is an
existing road that will be improved and extended to Old Fayetteville Rd to provide better access in and out of the site and to accommodate an increase
in traffic. A portion of the ditch will be impacted from the expansion of this road. A 30 inch RCP will be installed to maintain the current storm water. The
proposed road is designed to completely avoid the wetlands and streams while also maximizing the open park space. The proposed sidewalk is also
designed to maximize the open park space as much as possible and to avoid trees within the open areas to maintain the natural beauty of the park.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain a sedimentation and erosion control permit 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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Only a ditch will be impacted, and the impact will total 0.03 acres. Therefore, mitigation is not 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:
The project area is located in the Cape Fear 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
Comments:
Although this project is low density, a storm water pond is proposed to replace one of the existing storm water ponds on -site. The proposed storm water pond will be located on an adjacent
parcel, and the storm water will be redirected from the existing storm water pond to the new proposed one. The purpose of this is to maximize the park's open space by filling and grading
the existing storm water pond.
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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
a
Comments: *
No EA was required for this project.

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 or utilities to adjacent tracts. The applicant will obtain an erosion control permit prior to development to limit impacts
to downstream 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.
The project will tie into the 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?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on the site. The American Alligator and the Shortnose Sturgeon are known to occur within one mile
of the site, likely within Sturgeon Creek to the north and the Brunswick River to the east. 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. Most of the site is grasses with some trees scattered throughout. Most trees on -site are oaks, magnolias, and cherry trees with a few large pines
dispersed throughout. The southern portion of the project area is forested and supports a fairly dense shrub layer. These species include a variety of
trees that are mostly young loblolly pines, water oaks, iron woods and green ash. Because the site supports mostly hardwood species and has a dense
shrub layer, it does not appear to provide suitable habitat for the red -cockaded woodpecker. Forested portions of the site appear to provide suitable
habitat for the NLEB; however, very few trees will be removed from the site. The NLEB determination key was completed and resulted in a "may affect,
not likely to adversely affect" determination. The site does not appear to provide suitable habitat for any other federally listed species known to occur in
the region.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes No O Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA EFH Mapper indicated that the Brunswick River is EFH for several species. However, the project area is located over a mile from the Brunswick
River and is not anticipated to affect this resource.
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:
A small portion in the southwest corner of the site falls within a FEMA-designated 100-year floodplain. There is no proposed construction within this
area.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Flood Map Service Website
Miscellaneous
n
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 dreg and drop files here to attach document
Attachments.pdf 8.63MB
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:
Scarlett Henson
Signature
Date
7/26/2023
O