20231512 Ver 1_ePCN Application_20231106

DW R
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
8/9/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned *
20231512
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:
Royal Farms-Shallotte
1a. Who is the Primary Contact?*
Austin Tinsley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
11/6/2023
Nearest Body of Water
Sharron Creek
Basin
Lumber
Water Classification
C; SW; HOW
Site Coordinates
Latitude:
33.98584
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Brunswick
Longitude:
-78.362565
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Holley Snider:Holley.Snider
1c. Primary Contact Phone: *
[phone]
$570.00
$767.00
V
Is this a NCDMS Project
Yes No

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:
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
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
James Haddock
2b. Deed book and page no.:
2c. Contact Person:
Yes No
Yes No
O

2d. Address
Street Address
2750 H Drive
Address Line 2
City
Shallotte
Postal / Zip Code
28470
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Austin Tinsley
3b. Business Name:
Lat Purser & Associates, Inc.
3c.Address
Street Address
4530 Park Road, Suite 410
Address Line 2
city
Charlotte
Postal / Zip Code
28209
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Timothy O'Halloran
4b. Business Name:
ECS Southeast, LLP
4c.Address
Street Address
1812 Center Park Drive, Suite D
Address Line 2
City
Charlotte
Postal / Zip Code
28217
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Shallotte, NC
2. Project Identification
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
Q
V

2a. Property Identification Number:
109810361592, 109810362460,
2b. Property size:
109810368521
3.14
2c. Project Address
Street Address
2811 Ocean Highway W
Address Line 2
City
State / Province / Region
Shallotte
North Carolina
Postal / Zip Code
Country
28470
United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Sharron Creek
3b. Water Resources Classification of nearest receiving water:"
C; SW; HOW
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402080204
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 subject property consists of approximately 3.14 acres wooded land, a single family residence, and a portion of commercial property. U.S. Highway 17 is located 275 feet to the north of
the subject property boundary, and wooded land and commercial properties are located to the east. Land use to the south of the subject property is primarily wooded land and residential
properties, while to the west is wooded land and commercial properties.
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:
0.36
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a new Royal Farms Convenience Store and Gas Station with 24 vehicle fueling positions
and a second parcel for commercial use such as fast food, auto service, etc. The right -in -right -out access directly to Highway 17 and full -access on Main Street will provide convenient
access for the public to fuel vehicles and visit the anticipated auto -service center/restaurant.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project plans to develop the referenced land to provide a buildable pad for a convenience store and a second user such as a quick -service restaurant. In order for the land to
be utilized for it's highest and best use, the elevation of the entire property will need to be raised to meet the previously raised elevation of HWY 17 and Main Street.
In order to raise the land elevation, all of the total combined parcels will need to be impacted in order for the project to be economically feasible and for vehicle traffic to have acceptable
driveway grade access. Proposed permanent wetland impacts are unavoidable and necessary to develop the property to its best use. Due to the central location of the wetland on the
property, avoiding the wetland would render the property un-developable.
In addition to the proposed project development, NCDOT is currently planning to outfall a new 66" stormwater pipe onto the proposed development's property that will negatively impact
the current drainage of the property if the water is not able to be piped in a controlled manner. This proposed development intends to provide a bypass system to allow the water to flow
through the property and resume at the natural low area of the property.
NCDOT is also currently planning to redesign the adjoining intersection. Our coordination with NCDOT has provided that this proposed development will benefit NCDOT's work by helping
improved site access to and from the development and allow for safer vehicular movements with more space between the driveway and intersection as well as deceleration lanes for
turning movements on both Main Street and HWY 17.
The PSA contains two wetlands (W1 and WA), and two jurisdictional ditches (D1 and DA). Features W1 and D1 were verified by the U.S. Army Corps of Engineers (SAW-2023-01044). A
desktop review of the PJD package was done and a field verification meeting was not held. As part of this project, ECS is resubmitting a revised PJD package for reverification of W1, and
to verify the additional features that were added.
The proposed project would fill W1, resulting in 0.36 acre of permanent wetland impacts. Jurisdictional ditch D1 (0.02 acre) would also be filled. Based on past conversations with the
USACE about this project, impacts to the jurisdictional ditch would not need to be mitigated. Mitigation is proposed for the 0.36 acre permanent wetland impacts, a Statement of Availability
from the Stone Farm Mitigation Bank is attached.
The development will be constructed via standard construction procedures. Proper erosion and sediment control measures will be utilized and maintained throughout the project. Typical
materials and machinery will be used on -site during the construction process.
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-2023-01044
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jonathan Grubb/Kayla Hess
Agency/Consultant Company: ECS Southeast, LLP
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
May 16, 2023. A revised PJD is included as part of this submittal to reverify Wetland 1, and to verify the portion of the Project Study Area that was recently added.
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?
This is a single and complete project. This project is not part of a larger planned development.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries D Buffers
Open Waters Pond Construction
2. Wetland Impacts
Reason (?)
2b. Impact type*(
2c. Type of W.
2d. W. name
2e. Forested*
2f. Type of Jurisdiciti��2g.
?)
Impact
area
Wetland Impact
#1
Fill
tlffff
Wetland 1
Yes
Both
� ]
0.360
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.360
2i. Comments:
Proposed impacts are less than the 0.5 acre threshold which qualifies it for a NWP.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.360
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed project has been planned and engineered to avoid aquatic resources to the greatest extent practicable. Where avoidance was not
feasible, proposed impacts were minimized during the siting, planning, and engineering phases of the project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will be constructed via standard construction procedures. Appropriate
construction techniques will be used, and erosion control measures will be put in place
prior to beginning construction activities, and will be implemented accordingly to minimize
potential sedimentation and other potential project -related impacts. Efforts will be made
throughout all construction phases to minimize the extent and duration of project -related
disturbances to water resources
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
O

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:
Stone Farm
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.4
3c. Comments
The proposed project will impact 0.36 acre of wetland. Based on the NC Wetland Assessment Rating Calculator, Wetland 1 is a low quality wetland, and
therefore we are proposing a 1:1 mitigation ration for the impacts to Wetland 1. Mitigation is not proposed for the impacts to Ditch 1.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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 is located within the Lumber River Basin, which is not subject to NC Riparian Buffer Protection 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
N/A - project disturbs < 1 acre
3. Stormwater Requirements
No
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
Site stormwater plans will be submitted to the North Carolina Department of Environmental Quality. The stormwater management plan will adhere to state requirements.The SMP is
currently being designed, and will be forwarded to the NCDWR 401 Stormwater Unit for review and processing.
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
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.
This is a single and complete project. The project is not part of a larger planned development. No further impacts are anticipated beyond what is
included in this initial phase.
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.
Waste water will be handled by the Shallotte Wastewater Treatment Plant.
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?
IPaC and consultation with the USFWS and NCNHP. Informal consultation has been initiated with USFWS but a response has not been received. The
informal consultation request letter was submitted on October 19, 2023 and is attached; the concurrence letter will be submitted at a later date upon
receipt.
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 Essential Fish Habitat 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?
NCHPO database and consultation with the SHPO. A Request for Environmental Review was submitted to NC SHPO on October 19, 2023; the
concurrence letter will be submitted at a later date upon receipt.
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?*
FEMA FIRM Floodplain Mapper. FIRM Panel: 3720109800K, dated 8/28/2018
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
RoyalFarms_PCN-Attachments-merged.pdf 35.23MB
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:
Timothy O'Halloran
Signature
p/inrcY.f!,' 04 V, ?llota r
Date
11 /6/2023
M