20240282 Ver 1_ePCN Application_20240214

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# *
20240282 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
la. Name of project:
3706 East Yacht Drive
la. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/14/2024
Nearest Body of Water
AICWW
Basin
Cape Fear
Water Classification
SA;HQW
Site Coordinates
Latitude: Longitude:
33.922745-78.122935
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
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:
Milo Development, LLC
2b. Deed book and page no.:
5101/935
2c. Contact Person:
Leonard Woodall, Jr.

2d. Address
Street Address
3724 National Drive
Address Line 2
Suite 219
city
Raleigh
Postal / Zip Code
27612
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Dana A. Lutheran
4b. Business Name:
Southern Env. Group, Inc. (SEGi)
4c.Address
Street Address
5315 South 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 / town:
Oak Island
2. Project Identification
2a. Property Identification Number:
235FA038
2c. Project Address
Street Address
3706 East Yacht Drive
Address Line 2
city
28465
Postal / Zip Code
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
AICWW
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:
0.25
State / Province / Region
NC
Country
us
L
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.
0303000508
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 wooded and abuts the AICWW along its north side, undeveloped, wooded land on the west and east sides, and East Yacht Dr. on the south side. The area is densely
developed with single family dwellings (see attached aerial photo). Coastal wetlands border the ICWW and transition into bottomland hardwood forest and freshwater marsh before
emerging into uplands (see attached Wetland Boundary Map).
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:
0.12
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, stormwater infiltration trenches, and a 10' back yard, which will be contained by a retaining wall.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail cutting woody vegetation and removing the roots, as well as unsuitable soils, within the approximately 0.046 AC of Section 404 wetlands, before installing a retaining
wall and backfilling 0.039 AC with clean earthen soil. The retaining wall will be installed no more than 10' off the back of the dripline of the structure. To facilitate the construction of the
dwelling, approximately 0.039 AC of Section 404 wetlands will be permanently filled, while 0.007 AC of temporary wetland impact is necessary to install the retaining wall. The temporary
impact area will be returned to its original grade and contour and allowed to re -vegetate naturally. Please see the attached Wetland Impact Map for details.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
The applicant is not seeking a jurisdictional determination 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): 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 is located off an existing town, maintained road and where sewer and water is available for connection.
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
u
W1
2a1 Reason (?)
Lot Fill
2b. Impact type* (?)
P
2c. Type of W.
Bottomland Hardwood Forest
2d. W. name
A
2e. Forested*
Yes
2f. Type of JurisdicitiI
?)
Both
2g. Impact
area *
0.039
acres)
W2
Const. Buffer
T
Ftto-land Hardwood Forest
A
Yes
Both
0.007
(acres)

2g. Total Temporary Wetland Impact
0.007
2g. Total Wetland Impact
0.046
2i. Comments:
Please see the attached site plan for details
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.039
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the project, the applicant enlisted SEGi to delineate the limits of Section 404 wetlands. Once it was determined that the desired house
could not be built without impacting wetlands, the applicant utilized the Town's front yard setback encroachment allowance, which allows the building to
be within the setback by 25 % , which is 6.25'. Additionally, the applicant is installing stormwater trenches, to capture and treat runoff prior to it discharging
into adjacent surface waters.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to land disturbance, the applicant will install silt fence and a construction entrance. The measures will be inspected weekly and after a rain event
that 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:
LCFUMB
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.156
3c. Comments
See attached.
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 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
Comments:
Stormwater will be handled at the local level.
G. Supplementary Information
1. Environmental Documentation
Q
r^1
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 project does not provide access to currently land locked property. Additionally, the use of S&EC measures and the stormwater trenches should
ensure untreated stormwater does not discharge 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.
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
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
5L 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 to obtain the USFWS Official Species List (see attached), as well as the NLEB Consistency Letter (see attached). SEGi determined
the project will have no effect on the RCW (see attached SLOPES form), as the site does not exhibit habitat that would support the RCW.
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 entail work within an open body of water.
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?
SEGi utilized the INC HPOWEB2.0 (see attached).
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 applicant has applied for and will obtain a flood plain approval permit from the Town of Oak Island. Once secured it will be furnished to the agencies.
8c. What source(s) did you use to make the floodplain determination?"
Brunswick Co. 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
3706 East Yacht Drive PCN Attachments.pdf 9.23MB
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
,rya6ytaw
Date
2/14/2024
8