20231175 Ver 1_ePCN Application_20230824

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:
6/15/2023
BIMS # Assigned
20231175
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 Barclay West Tract 1
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/24/2023
Nearest Body of Water
Hewletts Creek
Basin
Cape Fear
Water Classification
SA;HQW
Site Coordinates
Latitude:
34.18442
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:
-77.91967
Version#*
1
Reviewing Office`
Wilmington Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
0
V
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: 29 - Residential Developments
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:
GRAHAM CAMERON AG & TIMBER COMPANY LLC
2b. Deed book and page no.:
6079 373
2c. Contact Person:
Adaire Graham
2d.Address
Street Address
2512 Independence Blvd
Address Line 2
City State / Province / Region
Wilmington NC
Postal / Zip Code Country
28412 us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mr. Alexi Papapieris
3b. Business Name:
Middleburg Communities
3c.Address
Street Address
330 Mills Avenue
Address Line 2
City
Greenville
Postal / Zip Code
29605
3d. Telephone Number:
[phone]
3f. 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
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
NA
1c. Nearest municipality / town:
Wilmington
2. Project Identification
2f. Fax Number:
State / Province / Region
SC
Country
us
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
Part of R06500-003-004-000 30.0
O

2c. Project Address
Street Address
152 17th St. S., 2708 Ashton Drive, 3001 Independence Blvd.
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28412
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hewletts Creek
3b. Water Resources Classification of nearest receiving water:
SA;HQW
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: *
The project site is comprised of 30.05-acres of a 150-acre tract of land, located at the on the northwest side of the intersection of Independence Blvd. and 17th Street, a densely developed
area of New Hanover County. Historically, the site has been managed for forestry related activities, and a series of ditches remain within the project limits (see attached JD Request
Packet). The main land use within the vicinity of the project is residential and commercial.
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:
0.12 of ditches (RPW)
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of this project is construct a multifamily development that will provide housing in an area where the demand is high.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail filling approximately 4185 SF (0.096 AC) of relatively permanent waters (RPW) ditches will be filled to construct roads, building pads and wet ponds associated with
the main access road into the property and Middleburg Communities' Hamlet and Mosely phases (see attached site plan for details of the proposed impacts).
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-2012-01938
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
See attached.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
This project is the first of many that will be part of the Barclay West planned development.

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
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Road and building pads
P
NA ii
Fill
-11
Ditch
0.02
Parking lot
Road
outfalland drainage
pond
parking llot#1 and
P
P
P
NA
NAWet
NA
Fill
_11
Fill
Fill
Ditch
Ditch
Ditch
0.02
0.01
0.03
Wet pond #4
P
NA
Fill
_11
Ditch
0.01
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.09
4g. Total open water impacts:
0.09
4h. Comments:
The actual amount of RPW/ditch impact is 4125 SF / 0.0947 acre.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The owner of the property had the entire site delineated for wetlands prior to listing the property. Unfortunately, due to the nature of the project being
high density and the way the ditches bisect the property, avoidance of the wetlands within the project boundary was not possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to undertaking land disturbing activities, sediment and erosion control measures, such as silt fence, temporary diversion ditches and sediment
traps, will be installed. The measures will be inspected regularly and repaired or replaced as needed.
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:
The impacts proposed within this application are for ditches, which do not require compensatory mitigation.
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:
The project site is not located 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 Co.
State Stormwater Programs
Phase II
HWQ or ORW
Coastal Counties
Other
Comments:
Stormwater permits are being sought concurrently with this application and will be in place prior to working within the ditches.
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 proposed project will not provide access to currently land locked property. Furthermore, the installation of pre and post stormwater management
devices should ensure sediment and/or contaminants are not discharged into downstream 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 is available off of Independence Blvd. and 17th Street.
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 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?
USFWS Official Species List (see attached). The site is located within a densely developed area and provides little in the way of habitat for the Red
Cockaded Woodpecker (RCW). SEGi evaluated the potential effects on the Northern Long-eared Bat (NLEB) and found it may adversely effect but not
likely to effect the NLEB (see attached NLEB Consistency Letter).
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?
This project does not contain a waterbody 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? *
SHPO HPOWEB 2.0 Mapper (see attached), which shows the project site is not located within an area designated as National Historic Place, and there
are no structures on the project 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?"
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
Middleburg Communities Barclay West Phase I PCN Attachments 8-24-23.pdf 9.86MB
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
Date
8/24/2023
L