20231560 Ver 1_ePCN Application_20231113

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:
9/19/2023
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
20231560
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:Holley.Snider
Information for Initial Review
1a. Name of project:
COURTESY COPY 5515 East Pelican or
1a. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: *
[e-mail]
Date Submitted
11/13/2023
Nearest Body of Water
Montgomery Slough
Basin
Cape Fear
Water Classification
SA;HOW
Site Coordinates
Latitude:
33.910
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Brunswick
Longitude:
-78.110
Version#*
1
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
a
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: 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
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
MCCULLOUGH CONSTRUCTION INC
2b. Deed book and page no.:
05026/1034
2c. Contact Person:
Chad McCullough
O

2d. Address
Street Address
3004 East Yacht Drive
Address Line 2
City
Oak Island
Postal / Zip Code
28465
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 S. 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 I town:
Oak Island
2. Project Identification
2a. Property Identification Number:
250AE008
2c. Project Address
Street Address
5515 East Pelican Dr
Address Line 2
City
Oak Island
Postal / Zip Code
28465
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Montgomery Slough
3b. Water Resources Classification of nearest receiving water:
SA;HQW
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
0.17
State / Province / Region
NC
Country
us
a
3c. What river basins) is your project located in?*
Cape Fear

3d. Please provide the 12-digit HUC in which the project is located.
030402080107
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 site fronts E Pelican Drive and is adjacent to residential dwellings, to the south and east, and a vacant lot, to the west. The entire lot is comprised of hydric soils and vegetation
consistent with a depressional wetland. A pipe connects the subject property to a roadside swale that drains to Montgomery Slough.
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:
0.17
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 to construct a single family dwelling with access and adequate maintenance corridor, within a densely populated residential, beach community
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail removing all vegetation and unsuitable soils (i.e., hydric, organic) from the 0.096-acre disturbance area (i.e., Wetland Impact Area) before backfilling with clean
earthen soil, which will serve as the foundation for the 62' x 34' single family dwelling, driveway, 6' back yard maintenance corridor. Prior to commencing with clearing and/or land disturbing
activities, the proposed wetland impact line (i.e., outside of proposed retaining wall) will be clearly marked in the field. The retaining wall will be constructed prior to brining in the fill dirt.
This should ensure dirt does not extend outside the proposed disturbance area, leaving the remaining 0.07-acre of wetlands unaffected.
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:
NA
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Noah Dean
Agency/Consultant Company: SEGi
Other:
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?
The project has independent utility and access and will not provide access to another 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 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 *
Lot fill & Driveway
P
Pocosin
__]
A
Yes
Corps
0.099
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.099

2g. Total Wetland Impact
0.099
2i. 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:
The applicant had the site delineated for wetlands prior to designing the project, and minimized the impacts to wetlands by doing away with side yards
altogether and limiting the back yard to 10' off the back of the structure. Additionally, the applicant intends to use a retaining wall, to alleviate the slopes
of the fill extending out further from the level building pad area. Please see attached site plan for details.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to undertaking clearing and grading activities, the approved wetland impact boundary line will be marked in the field. By installing the retaining wall
before bringing in the fill dirt, sediment is less likely to be placed or discharge outside the approved wetland impact area.
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:
Non -riparian wetland 0.20
3c. Comments
SEGi requested a credit reservation letter, but it was not received by the completion date of this application. Therefore, it will be submitted to the
agencies upon receipt.
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 not located within one of NC's riparian 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
Comments:
Stormwater management is overseen by the Town of Oak Island.
G. Supplementary Information
1. Environmental Documentation
O

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.
This project will not provide access to currently land locked property, all construction stormwater will be contained to within the project site and post
construction stormwater will be treated prior to discharging offsite.
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 Oak Island.
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?
IPaC (see attached). The project site does not exhibit habitat for any of the listed species, and no DCH is known to be located at this site.
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?
The project does not abut a waterbody and does not include water dependent structures.
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 project site is located not located within an area designated a National Historic Place and there are no structures on 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:
The dwelling will be elevated on pilings, with the lowest heated floor space at least 2' above the base flood elevation and break away walls will be used
on the ground floor. When the applicant applies for the building permit, through the Town of Oak Island, the town will evaluate the project to ensure it is in
compliance with all FEMA designated floodplain rules. No work ban begin until that time.
8c. What source(s) did you use to make the floodplain determination?*
Brunswick Co. GIS Flood Map (see attached).
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 drag and drop files here to attach document
5515 E Pelican Dr PCN Attachments 11-13-23.pdf 3.36MB
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
11 /13/2023
a