20240214 Ver 1_ePCN Application_20240131

i DWR
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.
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# *
20240214
1
Is a payment required for this project?*
No payment required
Fee received
Reviewing Office*
Fee needed - send electronic notification
Wilmington Regional Office - [phone]
Select Project Reviewer*
Holley Snider:Holley.Snider
Information for Initial Review
la. Name of project:
COURTESY COPY Wilmington Apartments
1a. Who is the Primary Contact?*
Kevin Dillon, REP
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/31/2024
Nearest Body of Water
Smith Creek
Basin
Cape Fear
Water Classification
C:sw
Site Coordinates
Latitude: Longitude:
34.255401-77.881554
A. Processing Information O
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
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: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
Regional General Permit (RGP) Number: Other
RGP Numbers (for multiple RGPS):
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:
For the record only for Corps Permit:
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:
Riddle Joseph P III, Trina T
2b. Deed book and page no.:
Book 6650 Page 302
2c. Contact Person:
Yes No
Yes No

2d. Address
Street Address
P.O. Box 53729 (4200 Morganton Road)
Address Line 2
Suite 150
city
Fayetteville
Postal / Zip Code
28314
2e. Telephone Number:
[phone]
2g. Email Address:'
kd [e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jake Lambson
3b. Business Name:
Surge Development
3c.Address
Street Address
1875 S State
Address Line 2
Suite 1400
city
Orem
Postal / Zip Code
84097
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kevin Dillon, REP
4b. Business Name:
Atlantic Shores Environmental Services, Ltd.
4c.Address
Street Address
175-1 Venture Drive
Address Line 2
city
Belville
Postal / Zip Code
28451
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wilmington
State / Province / Region
North Carolina
Country
United States of America
2f. Fax Number:
State / Province / Region
Utah
Country
United States of America
3e. Fax Number:
State / Province / Region
North Carolina
Country
United States of America
4e. Fax Number:
O
2. Project Identification

2a. Property Identification Number:
R04900-001-015-000 and R04907-001-002-
000
2c. Project Address
Street Address
4314 Lockwood Drive
Address Line 2
City
Wilmington
Postal / Zip Code
28405
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Smith 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.
030300070808
4. Project Description and History
2b. Property size:
11.53
State / Province / Region
North Carolina
Country
United States of America
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 is currently undeveloped, vacant, forested land with the exception of a150-foot-wide utility easement, present on the eastern portion of the site. The subject property is surrounded
by residentially developed properties with dwellings to the north and east, and an apartment complex to the west. To the south is Martin Luther King Jr."
"Parkway.The site is currently zoned for Multifamily Medium Density (MF-M).
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:
4.37
4g. List the total estimated linear feet of all existing streams on the property:
1201
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide needed, additional multi -family housing to the Wilmington area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project consists of construction of two (2) multi -family residential complexes and associated infrastructure, including paved parking, a pickle -ball court, and a small dog park.
Construction efforts are anticipated to utilize standard construction equipment and sta dard construction practices. Overall impact of wetlands area is anticipated to be approximately 0.025
acre.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No G Unknown
Comments:
Jurisdictional Determination Action ID: SAW-2023-00847
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-2023-00847
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Noah Dean
Agency/Consultant Company: Southern Environmental Group, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Preliminary Jurisdictional Determination May 1, 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
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
I
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W."
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
�2g. Impact
area
W-1
Construction of driveway
and parking for
apartment complex.
P
Non-Riverine Swamp Forest
Unknown
Yes
Both
0.025
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.025
21. Comments:
2g. Total Permanent Wetland Impact
0.025
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project was designed then redesigned to achieve as little impact to the wetlands area as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction best management practices (BMPs) will be utilized to prevent un-necessary impacts to the wetland areas. No un-necessary encroachment
into wetlands areas will be permitted during construction.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Total impact to wetlands as a result of this project will be 0.025-acre, which is less than the 0.1-acre threshold.
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 located in or adjacent to a Protected Riparian Buffer. Diffuse flow requirements are not applicable.
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:
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
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 phase project that, when completed, will result in the parcel being fully developed. No further future development is anticipated.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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?
USFWS Critical Habitat for Threatened & Endangered Species Mapping Tool
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?"
NC Department of Natural and Cultural Resources HPOWEB 2.0 web mapping application
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 Flood Map Service Center
Miscellaneous O
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
Revised drawing.pdf
361.96KB
JD Package Riddle Tracts.pdf
7.04MB
speciesconclusiontable .pdf
142.86KB
Critical Habitat Map.pdf
398KB
Cultural -Historical Map.pdf
868.66KB
FEMA Flood Map.pdf
File must be PDF or KMZ
1.9MB
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:
Kevin Dillon
Signature
Date
1/31/2024
8