HomeMy WebLinkAbout20240319 Ver 1_ePCN Application_20240221i 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# *
20240319
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 - (910) 796-7215
Holley Snider:Holley.Snider
Information for Initial Review
la. Name of project:
Greenside Manor at Bricklanding Plantation; Lots 18, 19, 22, and 23
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
kim.williams@davey.com (910)452-0001
Date Submitted
2/21/2024
Nearest Body of Water
Goose Creek
Basin
Lumber
Water Classification
C: Sw
Site Coordinates
Latitude: Longitude:
33.907915-78.406399
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
O
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):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. 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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
Kent and Kathryn Colton
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
936 Spring Hill Rd
Address Line 2
City
Mclean
Postal / Zip Code
22102
State / Province / Region
VA
Country
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(919)435-1597
2g. Email Address:*
mark.tipton@whistierinvestmentgroup.com
3. Applicant Information (if different from owner)
3a. Name:
Mark Tipton
3b. Business Name:
CTC Bricklanding, LLC
3c.Address
Street Address
2013 Rolling Rock Rd
Address Line 2
City
State / Province / Region
Wake Forest
NC
Postal / Zip Code
Country
27587
USA
3d. Telephone Number: 3e. Fax Number:
(919)656-7202
3f. Email Address:*
mark.tipton@whistierinvestmentgroup.com
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group, Inc.
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28403
USA
4d. Telephone Number:
4e. Fax Number:
(910)452-0001
(910)452-0020
4f. Email Address:*
kim.williams@davey.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Bricklanding Plantation
1c. Nearest municipality I town:
Ocean Isle Beach
2. Project Identification
2a. Property Identification Number:
244GN023, 244GN022, 244GN019, 2b. Property size:
244GN018 0.64
2c. Project Address
Street Address
2000, 2004, 2016, and 2020 Greenside Manor Dr
Address Line 2
city
Ocean Isle Beach
Postal / Zip Code
28469
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Goose Creek
3b. Water Resources Classification of nearest receiving water:
C; Sw
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
State / Province / Region
NC
Country
USA
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 four lots are currently undeveloped. Most of the trees were recently cleared from the uplands within the lots and they currently support mostly herbaceous species such as dog fennel
and grasses. Portions of the lots include a manmade pond that is used for golf course irrigation. A fringe of wetlands exists along the pond and supports wax myrtle and baccharis.
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:
0.01
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct four homes within the four platted lots. Wetland and open water impacts are needed to provide an adequate area on which to construct the
homes.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Four homes will be constructed on the four lots. Each home will be between — 2,600 and 3,000 sf. Retaining walls will be constructed behind the homes and fill material will be placed in
front of the walls. The location of the retaining walls was chosen to ensure adequate distance between the walls and the houses to provide stability of the deadman and cable support and
ensure that these features are not under the houses.
Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. The retaining walls will be installed. Then site grading
(including proposed wetland/waters fill) will occur as depicted on the site plan. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard
construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Action ID# SAW-2023-01317
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Rob Moul
Agency/Consultant Company: Davey Resource 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
Gary Beecher with the USACE plans to issue a Delineation Concurrence for the lots on shortly.
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
W1
2a1 Reason (?)
Fill for House
2b. Impact type" (?)
P ��n-Riverine
2c. Type of W.
Swamp Forest
2d. W. name
W1
2e. Forested"
Yes
2f. Type of Jurisdicition *
?)
Both
2g• Impact
area
0.005
(acres)
W2
Fill for House
P
Fn-Riverine Swamp Forest
W1
Yes
Both
0.004
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.009
2i. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.009
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Fill for house
P
N/A
Fill :11Pond
0.07
OW2
Fill for house
P
N/A
Fill
_11
Pond
0.03
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.10
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.10
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
House footprints have been pushed to the front setbacks of the lots. The placement of the retaining walls was chosen to provide an adequate distance
between the walls and the houses to provide stability of the deadman and cable support and ensure that these features are not under the houses.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain sedimentation and erosion control permits prior to development. A stormwater permit for the subdivision has already been
obtained.
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:
Wetland impacts are well below 0.1 acre, the typical mitigation threshold for the USACE. Open water impacts are to a manmade pond that is used for golf course irrigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
a
O
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:
Site is located within 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
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
A State stormwater permit for the entire subdivision, including these lots, has been obtained (SW8 200509). The stormwater permit and engineering plans require that all stormwater runoff
from any of the impervious surfaces that are placed on the lots must drain toward the street and then into the project stormwater pond via the roadway drainage system of curb inlets and
storm drainage piping.
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.
No additional wetland or waters impacts will be needed for the project. The project does not provide access or utilities to adjacent properties. An erosion
control plan will be obtained prior to site development to ensure that material does not enter downstream waters. A stormater permit has already been
obtained, as noted above.
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.
Project will tie into municipal wastewater treatment 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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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?
The NC Natural Heritage Program database was used to determine the known presence of rare species on or near the site. No federally listed species
are known to occur on the site. The piping plover, Atlantic sturgeon, West Indian manatee, sea turtles, American alligator, and seabeach amaranth are
known to occur within one mile of the site, likely within the AIWW, Atlantic Ocean or adjacent beaches, which are all located - 0.5 mile south of the site.
Uplands within the site have recently been cleared of trees and shrubs and currently support a variety of herbaceous species. Wetlands support some
shrubs. Therefore, the site would not provide suitable habitat for the red -cockaded woodpecker, northern long-eared bat, or tri-colored bat. The open
water pond that extends into the site provides suitable habitat for the American alligator. A NLEB determination key was prepared for the project since
forested areas exist adajcent to the site and it resulted in a MANLAA determination.
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 EFH 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? *
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No
resources are identified within or adjacent to the site.
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 Floodplain Mapper
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 dreg and drop files here to attach document
Greenside Manor Attachments.pdf 5.04MB
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:
Kim Williams
Signature
Date
2/21 /2024