20201996 Ver 2_ePCN Application_20240117

DW R
DHlsloo 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.
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
Version# *
20201996
2
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Central Office - [phone]
Sue Homewood:Sue.Homewood
Information for Initial Review
la. Name of project:
Falls Mist
la. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /17/2024
Nearest Body of Water
Turkey Creek
Basin
Cape Fear
Water Classification
C;sw
Site Coordinates
Latitude: Longitude:
34.42123-77.89667
A. Processing Information -
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Pender
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
Are you a federal applicant?"
Yes No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act."
CAMA Consistency will be sought concurrently with this request.
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1e. 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:
Rocky Point Properties, LLC
2b. Deed book and page no.:
Tract 1 - 2716/246 Tract 2 - 4807/2492 Tract 3 - 4804/2830
2c. Contact Person:
Mark Maynard Jr.

2d. Address
Street Address
10 S Cardinal Drive
Address Line 2
city
Wilmington
Postal / Zip Code
28403
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 Suite E
Address Line 2
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)
Falls Mist
1c. Nearest municipality / town:
Rocky Point
2. Project Identification
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2a. Property Identification Number:
3234-38-5366-0000,3234-24-6900-0000,
2b. Property size:
3234-14-3759-0000
308.5
2c. Project Address
Street Address
NC Hwy 17
Address Line 2
City
State / Province / Region
Rocky Point
NC
Postal / Zip Code
Country
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Turkey Creek
3b. Water Resources Classification of nearest receiving water:
C;sw
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.
030300070806
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: "
Currently the site is vacant and mostly forested silviculture land, with the remainder being open grassy fields or Headwater Forest, which runs along the banks of Turkey Creek and
unnamed tributary to Turkey Creek (see Supplemental Information for details). Residential and agriculture are the general land uses, in the vicinity of the project.
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).
Please see Supplemental Information for details of the project's permitting history.
4b(2). Is Any Portion of the Work Already Complete?*
Yes No
If yes, describe the completed work.
4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401.
The first phase of the project received a NC DWR WQC on 5/4/22 and expires with the USACE's NWP.
4f. List the total estimated acreage of all existing wetlands on the property:
+/- 76 AC
4g. List the total estimated linear feet of all existing streams on the property:
+/- 15,000
4h. Explain the purpose of the proposed project:*
The purpose of this project is to provide single family homes, within the Rocky Point Township, which is in Pander County, North Carolina, and an area where the demand for housing is
very high.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Please refer to the attached Supplemental Document, for details.
4k. Will this activity involve dredging in wetlands or waters?
Yes No
If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
SEGi is seeking a PJD with this application
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The project is part of a Planned Unit Development, wherein the different phases will share on -site, community, sanitary sewer facilities.
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?
Yes, the first two phases required a USACE NWP and DWR IWQC for the access road across Turkey Creek. Those permits authorized 0.38-acre of permanent wetland fill and 0.018-acre
of stream fill.
7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list)
See attached Supplemental Information.
8. Scheduling of Activity:
Work is scheduled to commence within the next year.

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
0
2a1 Reason (?)
2b. Impact type *(?)
2c. Type of W."
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g. Impact
area
W1A
ROAD B
P
Ftt-mland Hardwood Forest
1
No
Both
0.038
(acres)
W1B
ROAD B
P
Bottomland Hardwood Forest
1
No
Both
0.038
(acres)
W2
ROAD A
P
F11-mland Hardwood Forest
1
No
Both
0.120
(acres)
W3
ROAD K
P
Ftt-mland Hardwood Forest
1
No
Both
0.090
(acres)
W4
ROAD B
P
Fttomland Hardwood Forest
1
No
Both
0.050
(acres)
W5
LOT 443
P �Fttomland
Hardwood Forest
1
No
Both
0.030
(acres)
W6
ROAD B
P
Fttomland Hardwood Forest
1
No
Both
0.020
(acres)
W7
ROAD B
P
F110mland Hardwood Forest
1
No
Both
0.020
(acres)
W8A
ROAD A
P
Fttomland Hardwood Forest
1
No
Both
0.021
(acres)
W8B
ROAD A
P
Bottomland Hardwood Forest
1
No
Both
0.029
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.456
2g. Total Permanent Wetland Impact
0.456
2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Clean earthen fill will be placed within the ten separate impact areas. In total, approximately 1515 CY
of material will be placed within the 0.456 acre of wetlands.
21. Comments:
Please see the Supplemental Information document attached for details.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name'
3e. Stream Type"
3f. Type of
3g. S. width
3h. Impact
❑
(?)
Jurisdiction*
len gth*
S1
ROAD B
Permanent
Culvert
UT TO TURKEY CREEK
Perennial
Both
3
60
Averege (feet)
(linear feet)
S2
ROAD B
Permanent
Rip Rap Fill
UT TO TURKEY CREEK
Perennial
Both
3
20
Average (feet)
(linear feet)
S3
ROAD A
Permanent
Culvert
UT TO TURKEY CREEK
Perennial
Both
60
Average (feet)
Qinear feet)
S4
ROAD A
Permanent
RipRap Fill
P
UT TO TURKEY CREEK
Perennial
Both
4
20
—]
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
160 0

3i. Total stream and ditch impacts:
160
31. Total cubic yard stream impacts:"
20
3j. Comments:
See Supplemental Information Document for details of the stream crossings.
4. Open Water Impacts
4a. Site #
D1
4a1. Impact Reason
460-667 AND
ROAD CROSSING
4b. Impact type
P
4c. Name of waterbody
NA
4d. Activity type :114e.
Fill
Waterbody typeLOTS
Ditch
4f. Impact area
0.05
D2
D3A
LOTS 471-472
LOTS ROAD A6, 564 AND
P
t
NA
NA
Fill
Fill
Ditch
Ditch
0.02
0.04
D3B
D3C
STORMWATER POND
OTS 248-9,237-8,268-
9,283 AND
383,SEPTIC REPAIR
FIELD
P
P
NA
NA
Excavation
_11
Fill
Ditch
Ditch
0.02
0.08
D3D
STORMWATER POND
P
NA
Excavation
Ditch
0.01
D4
ROAD A
P
NA
Fill
_11
Ditch
0.01
D5
STORMWATER POND
P
NA
Excavation
_11
Ditch
0.01
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.24
49. Total open water impacts:
0.24
4g. Total cubic yard open water impacts:
57
4h. 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:
Prior to designing the development, the applicant had the wetland, streams and RPW limits (i.e., waters of the US (WoUS)) delineated and surveyed.
Once it was determined that impacts to WoUS were not avoidable, the applicant designed the project to only impact WoUS for road crossings. Please
see the attached Supporting Information Document for further avoidance and minimization efforts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to undertaking land disturbing activities, best management practices, to contain sediment and turbid water to within the limits of disturbance, will be
installed. The measures will be inspected weekly and after a rain event that produces more than 1" of rainfall within a 24 hour period. Furthermore, work
within the stream(s) will not take place within 48 hours of rain event that is either anticipated to produce or produces more than 1" of rain within a 24 hour
period.
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):
D W R 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:
NECFUMB
O
3b. Credits Purchased/Requested (attach receipt and letter)

Type: Quantity:
Riparian wetland 0.94
Stream 240
3c. Comments
A credit reservation letter will be furnished upon the agencies' approval of the mitigation proposal.
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 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
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
This project is a high density development, where stormwater runoff from the roads and houses will be collected and treated prior to discharging into downstream receiving waters. A
stormwater permit will be secured prior to undertaking vertical development.
G. Supplementary Information O
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.
This project will not provide access to currently land locked property. Additionally, stormwater and sediment and erosion control practices should ensure
sediment does not discharge offsite, 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.
Waste water will be treated by onsite community septic system.
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
Sc. 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?
SEGi utilized IPaC. The site is not within the RCW consultation area. Please see the attached Supplemental Information Document for copies of the
IPaC documents.
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?
NC Division of Marine Fisheries Primary Nursery Area Map.
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?
NC HPOWEB2.0 Map (see attached). The project site is not located within an area designated as a National Historic Place and no know or suspect
historical or archeological resources are mapped within the project limits.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
Be. What source(s) did you use to make the floodplain determination?
Fender 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
Falls Mist IP Supplemental Information 1-17-24.pdf 11.58MB
File must be PDF or KMZ
Comments
Please see the attached Supplement Information Document for details not found in this application.
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
a

I intend to electronically sign and submit the PCN form.
Full Name:
Dana Lutheran
Signature
Date
1/17/2024