20221406 Ver 2_ePCN Application_20230825

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:
5/9/2022
BIMS # Assigned
20221406
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:
Malmo Loop Tract - Phase 1 and Spine Road
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/25/2023
Nearest Body of Water
Hood Creek
Basin
Cape Fear
Water Classification
C; SW
Site Coordinates
Latitude:
34.258007
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:
-78.113536
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:[e-mail]
1c. Primary Contact Phone: *
[phone]
Q
i�
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.
10/7/2022
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):
14
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:
Malmo Ventures, LLC
2b. Deed book and page no.:
2c. Contact Person:
D Logan

2d. Address
Street Address
60 Gregory Rd; Suite 1
Address Line 2
City
Belville
Postal / Zip Code
28451
2e. Telephone Number:
[phone]
2g. 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]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Malmo Loop
1c. Nearest municipality / town:
Northwest
2. Project Identification
2a. Property Identification Number:
portion of 0280000106; 02100078
2c. Project Address
Street Address
Malmo Loop Rd
Address Line 2
City
Northwest
Postal / Zip Code
28451
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hood Creek
3b. Water Resources Classification of nearest receiving water:
C; Sw
3c. What river basin(s) is your project located in?
Cape Fear
State / Province / Region
NC
Country
USA
2f. Fax Number
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
-900
State / Province / Region
NC
Country
USA
O

3d. Please provide the 12-digit HUC in which the project is located.
030300050406
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 tract contains a mix of uplands and wetlands. Hood Creek forms the western project boundary and several unnamed tributaries of the creek extend into the site. Most stream channels
within the site are between 3' and 4' wide. The southern stream channel is larger, around 5' -7' wide. Additionally, beaver dams in the southwestern part of this channel have created
ponded conditions in the southwestern portion of the site. This area supports a sparse assemblage of bald cypress, black gum, and pine trees. Most of the wetlands located adjacent to the
streams support a fairly dense canopy of black gum, red maple, sweetgum, loblolly pine, willow oak, and water oak. Several small wetland pockets are scattered throughout the site as well
and support a dense stand of sweetgum, red maple and bay species. Several manmade ponds are located in the central and northern parts of the site. Uplands located throughout the
central and southern sections are managed for silvicultural production and have either been recently cleared or support loblolly pines in varying age categories. The site has been timbered
several times over the years. These areas now support a developing shrub layer of pines, water oak, red maple, sweetgum, winged sumac, blackberry, goldenrod, and dog fennel. Trees in
the eastern portion of the site were last cut around 2006 and now support rows of loblolly pines that are around 3" to 8" DBH. There is a moderate shrub layer of gallberry, winged sumac,
and sweetgum. Several dirt roads provide access throughout the site. Some areas in the northern part of the site support larger loblolly and longleaf pines. 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
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
Earlier this year, a NWP 29/14 (Action ID #SAW-2022-01061) and 401 WQC (DWR #20221406) were issued that authorized impacts to 0.183 ac of wetlands and 0.1 acre of jurisdictional
open water ditches for Phases I and 1B. Phase 1B is no longer part of the applicant's development plan.
4f. List the total estimated acreage of all existing wetlands on the property:
240
4g. List the total estimated linear feet of all existing streams on the property:
29700
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct the first phase of a single family residential development within the site to accommodate the housing needs of the area.
Additionally, a spine road is proposed that will provide access from Malmo Loop Rd to Hwy 74/76. The road gives the interior portion of the site 2 points of egress and is built to a higher
standard and width than typical subdivision roads. The entire spine road is needed for several reasons. It will be the primary artery for water for the entire project. Until it is complete and
the water main is installed, the site will not have access to water or sanitary sewer. The regional pump station that H2Go is constructing on the property will rely on water service provided
by this roadway corridor. This station cannot come online until water has been extended through the property to the station site. This station will serve thousands of homes in the region,
including thousands of proposed units off of the site. This road will also be utilized to bring electrical utilities into the site. Engineering plans for other PODs on site cannot commence in
earnest until emergency access and utility connections for the property have been established. The spine road provides the two necessary means of egress from the site for Emergency
Services - to 74/76 to the north and Malmo Loop Road to the south. Homes cannot be constructed until emergency access has been provided and utility connections are established. The
layout of the road and development PODS on site have been vetted and approved by the Town of Leland. This spine road is the anchor of the entire Land Use Plan approved by the town
and necessary for the development as a whole.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Phase 1A of this residential development will include single family lots, townhomes, access roads, and a sanitary sewer pump station. Roads, utilities, stormwater ponds are also
proposed. Roads will be 24" wide and constructed within a 60' ROW. Sidewalks are a requirement of the municipality.
A spine road will also be constructed from Malmo Loop Rd to Hwy 74/76. The road will be 24' wide and will have a 5' wide sidewalk, as required by the Town of Leland.
Additionally, an existing dirt road that currently crosses wetlands and streams will be removed. This will result in 0.299 acre of restored wetlands and 89 LF of restored streams. A piling -
supported bridge will be constructed over the streams and wetlands. Pilings will be spaced — 12' wide and no pilings will be located within the streams. The height of the bridge will be a
minimum of 4' above the wetlands.
Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading (including proposed wetland fill) will occur
as depicted on the site plan. Roadways and utilities will be installed. Then home/building construction will occur. 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-2022-01061;SAW-2022-02583
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wes Fryar
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
Gary Beecher issued two PJDs for the project area: SAW-2022-01061 was issued on 8/16/22 and SAW-2022-02583 was issued on 5/9/23. Note that a JD has not yet been issued for the
northernmost tract. A JD request for this tract will be submitted shortly.

6. Future Project Plans
6a. Is this a phased project?*
Yes Q No
6b. If yes, explain.
Because of the overall size of the tract, it is being developed in phases (expected to be a 10-year project). Some wetland and open water impacts were previously authorized by the
USACE for Phases 1A & 1 B. Phase 1 B has been removed from the applicant's development plan (area to be sold to a third party, see Sheet 2). The spine road has been designed and
impacts are requested. These impacts are being looked at cumulatively with impacts in Phase 1A . Future phases will likely have additional wetland/stream impacts and will be looked at
cumulatively with impacts in Phase 1A and the spine road.
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?
Future phases will likely have additional wetland/stream impacts and will be looked at cumulatively with impacts depicted in this application.
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
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area *
W1
Lot Fill
P
ron-Riverine Swamp Forest
W35
Yes
Both
0.009
(acres)
W2
Lot Fill
P
�n-Riverine Swamp Forest
W37
Yes
Both
0.063
(acres)
W3
Road Crossing
P
Fn-Riverine Swamp Forest
W20
Yes
Both
0.005
(acres)
W4
Road Crossing
P
F-Riverine Swamp Forest
W20
Yes
Both
0.002
(acres)
W5
Grading
P
Riverine Swamp Forest
W20
Yes
Both
0.018
(acres)
W6
Grading
P
Riverine Swamp Forest
W20 & W35
Yes
Both
0.025
(acres)
W7
Road Crossing
P
F-Riverine Swamp Forest
W20
Yes
Both
0.100
(acres)
W8
Road Crossing
P
Fcosin 7�
W24
Yes
Both
0.110
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.332
2i. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.332
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
OW1
Lot Fill
P
NS6
Fill
_11
Ditch
0.03
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.03
4h. Comments:
E. Impact Justification and Mitigation
4g. Total permanent open water impacts:
0.03
O
1. Avoidance and Minimization

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The engineer attempted to minimize impacts as much as possible. However, because of the location of wetlands and waters of the US within the site,
some impact is needed to access uplands throughout the site. The configuration of the spine road was chosen to follow existing grades as much as
possible, minimize compound horizontal curves (to maintain roadway visibility at POD entrances), and protect upland areas. Multiple wetlands on site
have been avoided with this layout to minimize overall environmental impact.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits 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
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
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated.
The applicant proposes to restore 0.299 acre of wetlands and 89 LF of streams on site by removing an old road and two culverts. A bridge will be
constructed over the resources. Attached is a restoration plan.
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 Cape Fear River Basin, which does not have State 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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Leland
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
The engineer has obtained a stormwater permit for Phase 1A.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) 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
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 (gravity sewer to regional pump station near SF-8 built by H2Go).
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?
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 or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several
species were identified as potentially occurring in the region. DRG staff has performed a T&E habitat assessment for the entire project area. Hood
Creek, located along the western property boundary, may provide suitable habitat for the American alligator. The tract has been managed for silvicultural
production for many years. Some larger pines exist along stream drains, but vegetation is dense in these areas. Other areas were recently timbered or
support young pines. Therefore, most of the site does not appear to provide suitable habitat for the RCW. Some areas in the northern part of the site do
support larger pines. A survey was conducted and no cavity trees or RCWs were observed. Forested areas within the site could potentially provide
appropriate winter and summer roosting habitat for the northern long-eared bat and tri-colored bat. DRG completed a determination key for the NLEB
and it resulted in a May Affect, Not Likely to Adversely Affect determination. Finally, ponded areas in the southwestern part of the site may provide
suitable foraging habitat for the wood stork. No impacts to this area are proposed.
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. Additionally, requests for comment was submitted to SHPO for the entire
project area. They responded and had no comment.

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:
Wetland impacts #1-2 (0.043 ac) are within the 100-yr floodplain. A No -Rise flood study has been completed and the project engineer has submitted this
to Brunswick County and the Town of Leland.
8c. What source(s) did you use to make the floodplain determination?"
Information from the 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
Malmo Attachments 8-25-23.pdf 21.49MB
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
wa
Date
8/25/2023
O