20231512 Ver 1_ePCN Application_20240213

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# *
20231512 1
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
la. Name of project:
Royal Farms-Shallotte
1a. Who is the Primary Contact? *
Austin Tinsley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/13/2024
Nearest Body of Water
Sharron Creek
Basin
Lumber
Water Classification
C; SW; HOW
Site Coordinates
Latitude:
33.98594
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
Longitude:
-78.362565
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
`I
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: 39 - Commercial/Institutional 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:
James Haddock
2b. Deed book and page no.:
2c. Contact Person:

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
Address Line 2
Suite 410
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, PWS
4b. Business Name:
ECS Southeast, LLC
4c.Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
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
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
O
2. Project Identification

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
USA
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 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:
0.469
4g. List the total estimated linear feet of all existing streams on the property:
54.58
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. 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.

4L 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 construct a new Royal Farms Convenience Store and Gas Station with 24 vehicle fueling positions. 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 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. This bypass system would use a 72" pipe beginning on the northern end of the site at Wetland 2, and drain to the southeast
into the jurisdictional ditch on the southern end 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 W2) and a channel that was determined by NC Division of Water Resources (DWR) to be partially jurisdictional stream (S1) and majority
jurisdictional ditch (S2). Features W1 and S2 were verified by the U.S. Army Corps of Engineers (SAW-2023-01044) by desktop review on May 16, 2023, and during a field visit on
December 5, 2023.
Features W2 and S1 were delineated as part of the NCDOT project TIP No. R-5857, the portion of jurisdictional stream was confirmed by DWR during a site visit on May 5, 2022 and
issued an On -Site Determination Letter of July 18, 2022. An additional field visit was held with DWR on January 23, 2024 to confirm that S2 is a jurisdictional ditch, DWR issued an On -Site
Determination Letter on January 29, 2024. These documents are included in the supporting documents attachment.
The proposed project would fill W1, resulting in 0.368 acre of permanent wetland impacts. This fill impact is necessary to raise the sites elevation to match with the elevation of Ocean
Highway.
The proposed project would regrade the area around W2, resulting in permanent grading impacts that are needed to install the 72" pipe for the bypass system. This wetland was
delineated as part of the NCDOT project and Lat Purser will be impacting and mitigating for this wetland impact as part of their project.
The proposed project would result in 0.002 acre (54.58 linear feet) of permanent impacts to the portion of jurisdictional stream (S1) that was verified by DWR as part of the NCDOT project.
This portion of stream would be filled, but the flow would be piped around the boundary of the site layout and connect to the bypass system before being discharged to the south.
The proposed project would result in 0.020 acre (272.48 linear feet) of permanent impacts to the jurisdictional ditch that was verified by DWR. This ditch would be filled, but would also be
piped around the site layout and connect to the bypass system so that the project does not disconnect the flow of potential waters of the U.S. that are located up -gradient from the site. The
lower portion of the ditch will be realigned so that the alignment of the storm water outfall is aligned with the relocated channel. If the outfall were to be shifted to the east within the channel
it would result in scouring to the existing ditch. This ditch will be realigned to allow a natural continuous flow offsite.
Wetland mitigation is proposed for the impacts to W1 and W2, totaling 0.469 acre of permanent wetland impacts. Based on conversations with the USACE, mitigation would be at a 1.5:1
ratio. Portions of W1 are considered high quality, which the maintained portions of W1 are low quality. W2 is a low quality wetland. 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
Comments:
No
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):
Agency/Consultant Company: ECS Southeast, LLC
Other:
0 Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
SAW-2023-01044 was issued on May 16, 2023.
DWR On -Site Determination Letters were issued on July 18, 2022 and January 29, 2024.
NCDOT PJD Maps dates July 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?
This is a single and complete project. The 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
Open Waters Pond Construction
2. Wetland Impacts
Buffers
W1
2a1 Reason (?)
Fill 1p
2b. Impact type* (?)
2c. Type of W.*
Headwater Forest
2d. W. name
W1
2e. Forested"
Yes
2f. Type of Jurisdicition *
(?)
Both
2g. Impact
area
0.368
(acres)
t7A
Grading 1p
Small-Basin Wetland
W2
No
Both
0.101
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.469
2i. Comments:
Proposed impacts are less than the 0.5 acre threshold which qualifies it for a NWP
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.469
F I
S1
3a. Reason for impact O
Site Development
3b.lmpact type"
Permanent
3c. Type of impact*
Fill
3d. S. name*
S1
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
Aveage (feet)
3h. Impact
Ilength*
55
(linear feet)
S2
Site Development
Permanent
Fill
S2 7Jurisdictional
Ditch]
itch
Corps
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
1,088
3i. Total permanent stream impacts:
327
3i. Total stream and ditch impacts:
327
3i. Total temporary stream impacts:
0
3j. Comments:
Proposed impacts to the portion of perennial stream are less than 0.02 acre and 300 linear feet which qualifies it for a NWP, and would not require
mitigation by either USAGE or DWR.
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:
Due to the elevation of the site in comparison to the elevation of Ocean Highway, the site needs to be raised to allow for vehicle traffic to have safe and
acceptable driveway grade access 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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
0
V
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 0.7
3c. Comments
The proposed project will result in permanent impacts to 0.469 acre of wetlands. Wetland 1 exhibits sections of low quality in the maintained areas and
high quality in the forested areas. Wetland 2 exhibits low quality characteristics as it is frequently maintained and located in the NCDOT ROW. We are
proposing a 1.5:1 mitigation ratio for the wetland impacts.
Mitigation is not proposed for the portion of stream because it is below 0.02 acre.
Mitigation is not proposed for the impacts to the jurisdictional ditch.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
a
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 No
N/A - project disturbs < 1 acre
3. Stormwater Requirements
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 plans will adhere to state requirements. The Stormwater
management plan is currently being designed, and will be forwarded to the NCDWR 401 Stormwater Unit for review and processing. Stormwater calculations are included on Sheet 2 of
the Impact Exhibits.
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.
L

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. Based on the response from SHPO (ER 23-2376), they have conducted a review of the project and
are aware of no historic resources which would be affected by the project. The SHPO concurrence letter is included in the supporting documents
attachment.
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
0
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_SupportingDocuments-merged.pdf 27.83MB
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
rt" O'a{L6AAA
Date
2/13/2024
0