20240239 Ver 1_ePCN Application_20240206

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# *
20240239
1
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*
Wilmington Regional Office - [phone]
Holley Snider: Holley.Snider
Information for Initial Review
1a. Name of project:
Forrest Run
1a. Who is the Primary Contact?*
Brian Fleer
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/6/2024
Nearest Body of Water
The Swash
Basin
Lumber
Water Classification
SA; HOW
Site Coordinates
Latitude: Longitude:
33.932704-78.379383
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

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
Please provide the date of the previous submission.'
11 /6/2023
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):
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:
1295 Village Point Road, LLC
2b. Deed book and page no.:
5068/88
2c. Contact Person:
Brian Fleer

2d. Address
Street Address
1001 Military Cutoff Road, Suite 101
Address Line 2
city
Wilmington
Postal / Zip Code
28405
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Paul Masten
4b. Business Name:
Terrain Environmental Consulting, PLLC
4c.Address
Street Address
2014 Wrightsville Avenue
Address Line 2
city
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Forrest Run
1c. Nearest municipality / town:
Shallotte
2. Project Identification
2a. Property Identification Number:
23000050 and 2300005003
2c. Project Address
Street Address
1295 Village Point Road
Address Line 2
City
Shallotte
Postal / Zip Code
28470
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
The Swash
3b. Water Resources Classification of nearest receiving water:
SA; HQW
3c. What river basin(s) is your project located in?
Lumber
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
45.3
State / Province / Region
NC
Country
USA

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 project site is currently undeveloped woodland. Land uses in the vicinity of the site consist primarily of low density residential and undeveloped land with sparse commercial uses.
A jurisdictional delineation was performed by others (ECS) in March 2022. A Delineation Concurrence was issued for that on November 22, 2022 (SAW-2022-01450) which identified 11.18
acres of jurisdictional wetland and 3607 linear feet of jurisdictional streams and tributaries. Terrain Environmental revisited the delineation in August and November 2023 and observed
areas that were delineated as wetland that, in our opinion, did not appear to meet the three -parameter approach for wetlands as described in the 1987 Wetland Delineation Manual. There
were also sections of two channels that were identified as jurisdictional streams that, in our opinion, are ditches excavated into upland soils. We re -delineated the wetland boundary line in
the areas where we felt that the three -parameter approach was not met using the 1987 Manual and 2010 Regional Supplement. We also identified in the field where the streams become
ditches in uplands based on site observations (specifically where the channels were no longer in a natural valley positions), and topographic mapping provided by Underwood Surveying.
The attached PJD Package reflects our delineation efforts, and identifies 10.53 acres of wetland and 2473 linear feet of jurisdictional stream.
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:
10.53 acres
4g. List the total estimated linear feet of all existing streams on the property:
2473 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct an 80-lot single family residential subdivision with associated roadways, and water, wastewater and stormwater infrastructure. The project
proposes three permanent wetland impacts associated with roadways, one temporary wetland for wastewater utility installation, and one permanent stream impact for a roadway crossing.
A discussion of each impact is provided in Sections D2i and D3j.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Development of the project will include clearing and grading using typical grading/clearing equipment, roadway construction using grading and paving equipment, and utility installation
using excavators and backhoes. The project will consist of four roadway crossing impacts, three wetlands and one stream impact, and one temporary utility installation wetland impact. At
crossings of non -jurisdictional ditches, culverts will be used to allow for continued flow down these channels. Drop inlets and a culvert will also be used at Impact 2 to allow for the
remaining up -gradient wetland to have a hydrologic connection to the downstream wetland and eventual receiving water. A stub out road is proposed on the western property line to allow
interconnectivity to future development of property adjacent to the west, as being required by the Town of Shallotte. Impacts to jurisdictional features on adjacent properties cannot be
quantified or speculated upon but would be required to conform to the Section 404/401 permitting requirements if wetland or stream impacts were proposed. A sewer pump station is
proposed along Village Point Road but that is to serve this project only and does not serve to increase sewer capacity on other properties.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
Delineation by ECS in March 2022 and revised by Terrain Env in August and November 2023.
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-2022-01450
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jonathon Grubb
Agency/Consultant Company: ECS
Other: Paul Masten - Terrain Environmental
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Delineation Concurrence issued on November 22, 2022.
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 other 404 permits are anticipated.
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
Q

2. Wetland Impacts
Reason (?)
r
2b. Impact type* (?)
�2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g• Impact
area
Impact 1
Roadway fill
P
Hardwood Flat
W1
Yes
Both
0.368
(acres)
Impact 2
Roadway culvert
P
Headwater Forest
W1
Yes
Both
0.035
(acres)
Impact 3
Roadway fill
P
Headwater Forest
W1
Yes
Both
0.066
(acres)
Impact 5
Utility install
T
Headwater Forest
W1
f=[Both
0.002
(acres)
2g. Total Temporary Wetland Impact
0.002
2g. Total Wetland Impact
0.471
2i. Comments:
2g. Total Permanent Wetland Impact
0,469
Impact 1: New entrance road into the site from Village Point Road which will be the only point of ingress onto the site. The road was placed at this
location in order to align with Marsh Hen Drive across Village Point Road as per DOT guidelines. The only other existing road that the entrance road
could align with is Bill Holden Road but the limited sight distance due to the curvature of Village Point Road would make this intersection a public safety
issue per NCDOT roadway design guidelines and AASHTO Greenbook. The Town of Shallotte also has road design requirements that include sidewalks
which widened the roadway. A plaza is required between the edge of pavement and the sidewalk to provide physical separation between motor vehicles
and pedestrians occupying the 5' (minimum) sidewalk. The provision of a plaza between the sidewalk and roadway is standard engineering practice and
is a matter of public safety. This plaza has been reduced from 6' to 3' at wetland crossings to allow room for a 3' shoulder. This shoulder width will allow
for a 3:1 fill slope and/or retaining wall to be located within the 50' right of way without placing a drop off immediately adjacent to the sidewalk. The
provision of a shoulder is standard engineering practice and is a matter of public safety. It should be noted that due to the low elevation of the proposed
entrance road, a 3:1 slope can be constructed within the 3' road shoulder. A retaining wall would not reduce the impact as it would require a 3' plaza
between the sidewalk and the outer edge of the wall.
Impact 2: Roadway crossing of a narrow wetland to provide continued access to upland areas in the eastern portion of the site from the access road
discussed in Impact 1.
Impact 3: Roadway impact to the top of a wetland to provide access to upland areas in the western and southwestern portions of the site.
Impact 5: Wastewater utility installation wetland impact that will be temporary. This area will be restored to pre-existing contours and stabilized following
completion of the utility install.
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
��nome*
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Roadway crossing
Permanent
Culvert
S1
Intermittent
Both
1
Average (feet)
80
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
80
3i. Total stream and ditch impacts:
80
3i. Total temporary stream impacts:
3j. Comments:
Impact 4: Roadway impact to cross a stream to access upland areas on the other side of the stream which would not be accessible without the crossing.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
O

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Approximately 10.6 acres of wetland and 2393 linear feet of stream have been avoided by focusing development in the upland areas. Permanent
impacts are limited to roadway impacts only. No impacts for lot fill are proposed. Lots that will have wetland present on them will have deed notifications
as required by DEQ. Sample deed notification has been included.
Impact 1: This wetland impact was reduced during design by having a low elevation roadway that minimized the length of the slope down to existing
grade thus minimizing the impact footprint. A slight curve was placed in the road so that it crosses the least amount of wetland while maintaining
alignment with Hen Marsh Drive.
Impact 2: This impact was minimized by crossing this linear wetland at an approximately 90 degree angle and by including drop inlets and culvert to
allow for continued hydrologic connection between the remaining uphill and downhill wetland sections.
Impact 3: A retaining wall was been included at this impact to minimize it. Also, this impact being located at the top edge of the wetland finger prevents
any indirect impacts to up -gradient wetlands.
Impact 4: A culvert without flared ends was designed at this impact to minimize impacts. A rip -rap apron was not used on the upstream end of the culvert
to further reduce this impact.
Impact 5: This temporary impact has been minimized by putting two utilities within the same footprint impact envelope to remove potential for additional
impacts if the two were split into separate installations.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sedimentation and erosion control measures will be installed and maintained during construction. The temporary impact (Impact 5) will be restored to
pre-existing grades and stabilized following completion of the utility installation.
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:
Stone Farm
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.8 ac
Riparian wetland 0.2 ac
Stream 80 If
3c. Comments
Wetland mitigation proposed at 2:1 for all impacts. Stream mitigation proposed at 1:1.
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:
No stream buffers are present for the Lumber River basin.
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

Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Shallotte
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
Dual permitting process with the Town and NCDEQ. Stormwater management plan is being designed by Stroud Engineering.
G. Supplementary Information n
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.
The nature of the project (moderate -sized single-family residential subdivision) is not typically a catalyst for significant new development, as new sewer
and/or water lines to an undeveloped area can be. Furthermore, existing commercial uses to support the new residents are already present in nearby
Shallotte. The proposed sewer pump station would only service this project and not provide additional sewer capacity to surrounding areas. A stub -out
road is proposed along the western property line as required by the Town of Shallotte to provide inter -connectivity to the adjacent undeveloped land. This
applicant has no plans/intentions to develop that land and thus cannot speak to any future impacts on that property. However, any development on that
property would be subject to the same permitting rules and requirements that this project is.
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.
Wastewater treatment will be provided by the Town of Shallotte.
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 species list for Brunswick County, site observations made during site visits in August and September, and NCNHP Element Occurrences for
Brunswick County. Northern long-eared bat is listed for Brunswick County and tree removal will be needed for site development. However, no
occurrences for this species have been documented within one -mile of the project 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?'�
NC DMF website
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?"
HPOWEB 2.0
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?"
Site plan provided by Stroud Engineering and NC FRIS website
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
agent authorization_signed.pdf
28.44KB
Preliminary ORM Data Entry Fields for New Actions.pdf
36.34KB
PJD Package - Forrest Run.pdf
19.64MB
Forrest Run - WETLAND IMPACTS 2-1-2024.pdf
1.37MB
Forrest Run - Site Plan w LIDAR topo.pdf
5.18MB
deed.pdf
179.45KB
sample deed notification. pdf
232.97KB
File must be PDF or KMZ
Comments
Attached documents include:
Agent Authorization
Preliminary ORM Data Entry Fields Form
PJD Request Package (including site figures)
Wetland Impact Exhibits (Sheets W1 through W6) prepared by Stroud Engineering
Site plan with LiDAR topography prepared by Michael Underwood Surveying
Property Deed
Sample Deed Notification
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:
Paul Masten
Signature
O
Date
2/6/2024