20231203 Ver 1_ePCN Application_20230830

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:
611 /2022
BIMS # Assigned
20231203
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
1a. Name of project:
406 & 410 Caswell Beach Road
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/30/2023
Nearest Body of Water
Smokehouse Creek
Basin
Cape Fear
Water Classification
SC;HQW
Site Coordinates
Latitude:
Longitude:
33.893910
-78.039736
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
Is this project a public transportation project?*
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:[e-mail]
1c. Primary Contact Phone: *
[phone]
a

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: 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
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:
Frederick Flieler
2b. Deed book and page no.:
04775 0875
2c. Contact Person:
2d. Address
Street Address
202 SE 64th Street
Address Line 2
City
Oak Island
Postal / Zip Code
28465
State / Province / Region
NC
Country
us
Yes No
Yes No

2e. Telephone 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
Wilmington
Postal / Zip Code
28412
4d. Telephone 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:
Caswell Beach
2. Project Identification
2a. Property Identification Number:
251NA028
2c. Project Address
Street Address
406 & 410 Caswell Beach Road
Address Line 2
City
Caswell Beach
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Smokehouse Creek
3b. Water Resources Classification of nearest receiving water:
SC;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.
030300050803
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
0 17
State / Province / Region
NC
Country
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 fronts Caswell Beach Road, and undeveloped, with woody, maritime vegetation, transitioning into Bottomland Hardwood Forest, in the middle, and then into coastal
wetlands, at the rear. Residential is the predominant land use, in the vicinity of the proposed project. There is a single family dwelling to the west and undeveloped property to the east (see
attached aerial).

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:
0.08
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 the project is to construct two single family dwellings in an area where the demand is high.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project entails removing all woody vegetation from the development area and backfilling, where necessary, with clean earthen soil. A retaining wall will be installed along the
proposed wetland impact line, to protect the remaining wetlands and to reduce wetland impacts. Large machinery, such as a back hoe and front end loader, will be used to remove the
vegetation and grade the fill to the desired elevation.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No G 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-2018-01916. It is set to expire in Nov. 2023
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wes Fryer
Agency/Consultant Company: Land Management Group
Other:
Sd. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
AJD issued November 2018 and set to expire November 2023
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?
No permits have been previously issued or will be needed in the future, to make the project viable. Sewer and water are available for tap in, and the project will not provide access to
currently land locked property.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
Q
i1
2a1 Reason (?)
410lot fill
2b. Impact type* (?)
P
2c. Type of W.*
Bottomland Hardwood Forest
2d. W. name
A
2e. Forested*
Yes
2f. Type of Jurisdicition *
?)
Both
2g.Impact
area *
0
(acres)
(acm
=FO6lotfill
P
Bottomland Hardwood Forest
A
f=][B.th
0.048
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.051
2i. Comments:
2g. Total Permanent Wetland Impact
0.051

E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to preparing the site plan, the wetland lines were delineated and approved. Once it was determined that impacting wetlands was unavoidable, the
Applicant positioned the house as close to the front setback line, as possible, while still adhering to the Town of Caswell Beach's zoning setback
requirements. Additionally, the Applicant limited the yard area, on 410, to only that necessary to undertake maintenance on the structure.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The Applicant incorporated a retaining wall to minimize impacts to wetlands and to ensure sediment is not discharged into the resource after
construction has been completed. Additionally, silt fence will be installed on the limit of disturbance line and will be inspected regularly.
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:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0
3c. Comments
Due to the minimal amount of impact (i.e., less than 0.10-acre) and the avoidance and minimization efforts, which in itself is compensatory mitigation, the
Applicant is not proposing mitigation to offset the impact.
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 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
Comments:
Stormwater will be collected and treated prior to discharging into adjacent wetlands.
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
8

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.
Stormwater runoff will be collected and treated prior to discharging off -site. Additionally, this project will not provide access to currently land locked
property. No previous permits have been issued for the project.
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.
Town of Caswell Beach
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?
IPaC Official Species List (see attached). This site is located in a somewhat densely developed area, it does not contain habitat that any of the known
ES require, and there is no DCH within the project area. Therefore, SEGi has determined the proposed project will not adversely effect NLEB (see
attached).
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?
On April 11, 2022, at approximately 4:30 pm, SEGi delineated the limit of normal high water and found it to be approximately 175' from the back property
line. Therefore, there are no waters, within the project boundary, 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?"
This site is on a barrier island, with no structures. Thus, HPCR evaluation was not warranted.
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The project site is not located in a flood zone that restricts increases in existing elevation (i.e., a coastal A zone, VE zone or LiMWA). The structure will
be elevated so that the heated space area is at least 2' above the base flood elevation. The underneath of the structure, if enclosed, will contain break
away walls or flow through doors. A floodplain development permit will be secured through the appropriate agency, prior to securing a building permit.
8c. What source(s) did you use to make the floodplain determination?
Brunswick County GIS Flood Map

Miscellaneous
0
u
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
406 & 410 Caswell Beach Rd PCN Attachments 8-29-23.pdf 10.8MB
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
e�arti�iliF�tn�r
Date
8/30/2023