HomeMy WebLinkAbout20240398 Ver 1_ePCN Application_20240306i 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# *
20240398 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:
COURTESY COPY Venture on Carolina
1a. Who is the Primary Contact?*
Scarleh Henson- Davey Resource Group, Inc.
1b. Primary Contact Email: *
scarleft.henson@davey.com
Date Submitted
3/6/2024
Nearest Body of Water
Barnards Creek
Basin
Cape Fear
Water Classification
C;SW
Site Coordinates
Latitude:
34.174437
A. Processing Information
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
Longitude:
-77.922700
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
1c. Primary Contact Phone:*
(910)452-0001
O
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
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:
TSINGELIS CHRISTOS P TRUSTEE ETAL
2b. Deed book and page no.:
BKO06651PGO02361
2c. Contact Person:
Christos Evangeline Tsingelis
2d.Address
Street Address
858 S 17th St
Address Line 2
City
State / Province / Region
WILMINGTON
NC
Postal / Zip Code
Country
28401
us
Yes No
Yes No
2e. Telephone Number:
(910)231-2848
2g. Email Address:*
owen@millstonemgmt.com
2a. Name(s) on recorded deed:
MCCANDLESS ELEANOR
2b. Deed book and page no.:
BK000784PG000480 & BK001011PG000782
2c. Contact Person:
Eleanor McCandless
2d.Address
Street Address
1911 KNOLLWOOD DR
Address Line 2
city
WILMINGTON
Postal / Zip Code
28403
2e. Telephone Number:
(910)619-0890
2g. Email Address:*
jennyjohnston@gmail.com
2a. Name(s) on recorded deed:
LLOYD NELL BLAND HEIRS
2b. Deed book and page no.:
BK009906PG001812
2c. Contact Person:
Kelly Lloyd
2d.Address
Street Address
3903 Carolina Beach Rd
Address Line 2
city
WILMINGTON
Postal / Zip Code
28411
2e. Telephone Number:
(910)470-4480
2g. Email Address:*
goodintentions 1969@yahoo.com
3. Applicant Information (if different from owner)
3a. Name:
Adrien Dannemiller
3b. Business Name:
Millstone Ventures, LLC
3c. Address
Street Address
9800 Westpoint Drive
Address Line 2
city
Indianapolis
Postal / Zip Code
46256
3d. Telephone Number:
(317)694-5114
3f. Email Address:*
owen@millstonemgmt.com
2f. Fax Number:
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
IN
Country
us
3e. Fax Number:
4. Agent/Consultant (if applicable)
4a. Name:
Scarlett Henson
4b. Business Name:
Davey Resource Group, Inc.
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
city
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
(910)452-0001
4f. Email Address:
scariett.henson@davey.com
C. Project Information and Prior Project History
1. Project Information
State / Province / Region
NC
Country
US
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
Venture on Carolina
1c. Nearest municipality / town:
Wilmington
2. Project Identification
2a. Property Identification Number:
R06500-003-018-000;R06500-003-017-000;
2b.Property size:
R06500-003-016-000; R06500-003-015-000
-8 ac
2c. Project Address
Street Address
3903, 3907, 3909, 3913, 3915 Carolina Beach Rd
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28412
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Barnards 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.
030300050504
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: "
This tract includes four parcels on Carolina Beach Rd in Wilmington, New Hanover County, NC. Addresses in the project area are 3903, 3907, and 3913 Carolina Beach Rd. The majority
of the tract is undeveloped and forested. However, multiple single family homes are located on the western portion of the tract off Carolina Beach Rd. Jurisdictional wetlands are located on
the eastern and southeastern portions of the site. West of that is an isolated non -jurisdictional wetland. The majority of the site is uplands. A storage facility is located north of the tract, and
single-family residences are located south of the tract.
The forested portion of the site is dominated by loblolly pines with some water oaks and magnolia trees. Under canopy has some shrubs and saplings but is not dense with vines.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
O
4f. List the total estimated acreage of all existing wetlands on the property:
0.4 (0.3 ac jurisdictional and 0.1 ac non -jurisdictional)
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 multi -family residential development to serve the housing needs of the community. One wetland impact is needed for a road crossing and
stormwater pipes.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This development will hold three apartment buildings totaling 225 units, one leasing clubhouse, and two garage buildings for resident parking. Parking lots, access roads, utilities, and
stormwater are also proposed.
Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading will occur as depicted on the site plan.
Roadways and utilities will be installed. Then building construction will occur. The road at the wetland impact will be approximately 35 feet wide. A retaining wall will be constructed along
the eastern edge of the road. An additional 14.2 feet of wetland impact beyond the retaining wall is needed for construction access and stabilization.
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:
SAW-2022-01276
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Farley
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
AJD was issued by Brad Shaver on February 26, 2024.
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
U
2a1 Reason (?)
2b. Impact type* (?) 12c.
Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g• Impact
area *
Road crossing and
stormwater
t
�n-Riverine Swamp Forest
W1
Yes
Both
� ]
0.039
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.039
2i. Comments:
A non -jurisdictional wetland will also be impacted (0.1 ac).
2g. Total Permanent Wetland Impact
0.039
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:
Impacts to wetlands were minimized as much as possible. However, due to the site's small acreage, some impacts were required. The apartment
complex was designed to avoid the larger wetland area in the eastern portion of the site. The parking has been placed in the uplands of the site.
However, a road is necessary to access the parking lot for residents. Stormwater pipes are also necessary to cross at this location in order to meet
stormwater requirements.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain a stormwater permit and sedimentation and erosion control permit prior to development.
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 significantly less than 0.1 ac, the typical mitigation threshold for the USACE.
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:
Site is located within the Cape Fear River Basin, which does not have State Riparian Buffer 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
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.
City of Wilmington
Comments:
Stormwater plans were submitted January 2024 and are currently pending.
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.
The project will not provide access or utilities to adjacent properties. No additional impacts are anticipated within the site. Furthermore, the developer will
obtain stormwater and sedimentation and erosion control permits prior to development to limit impacts to downstream 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.
Project will tie into existing 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
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 reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on the site. The red -cockaded woodpecker and American alligator are known to occur within one
mile of the site. The RCW occurrence is historical and it was last observed 1976. The USFWS IPaC database was also reviewed and several species
were identified as potentially occurring in the region. Many of these species require coastal or marine habitat and would therefore not be found in the
site. Most of the site is forested and provides suitable roosting habitat for the northern long-eared bat and tri-colored bat. A NLEB Determination Key was
prepared for the project and resulted in a MANLAA. The site supports an equal mix of loblolly pine and hardwood trees and does not appear to provide
suitable habitat for the RCW. The site does not appear to support habitat for any other federally protected species known to occur in the region.
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 known cultural or historical
resources. No cultural or historical resources were noted 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 Flood Map Service Center website
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
Venture on Carolina Attachments.pdf 4.97MB
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
WIMI -If
Date
3/6/2024
M