20240542 Ver 1_ePCN Application_20240410

DWR
Dki of Water Rftourc�
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
Charge 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 ortransmission ofenergy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version#*
20240542 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: Hol ley.Snider
Information for Initial Review
Ia. Name of project:
East Lake Subdivision
Ia. Who is the Primary Contact?
Chip Pickard
1 b. Primary Contact Email:* 1 c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
4/10/2024
Nearest Body of Water
Alligator Creek & Hood Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
34.254182 -78.105096
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

Ia. 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 PCIM previously been submitted?*
Yes
No
I b. 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):
1 d. 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
If. Is this an after -the -fact permit application? *
Yes No
Ig. 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
I h. Is the project located in any of NC's twenty coastal counties?
Yes No
li. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
Ij. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
I d. Who is applying for the permit?
Owner Applicant (other than owner)
Ia. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Leland Landco LLC C/O Criteria Development
2b. Deed book and page no.:
04973,1054
2c. Contact Person:
Chip Pickard
2d. Address
Street Address
11118 US Hwy 31
Address Line 2
city State Province Region
Spanish Fort AL
Postal / Zip Code Country
35627-5647 us
Yes No
Yes No

2e. Telephone Number:
[phone]
29. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Samuel Ford
4b. Business Name:
Spectrum Environmental. Inc
4c. Address
Street Address
85 Spectrum Cove
Address Line 2
city
Alabaster
Postal / Zip Code
35007
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
East Lake Subdivision
1c. Nearest municipality I town:
Leland
2. Project Identification
2a. Property Identification Number:
0280000116
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Alligator Creek & Hood Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basiri is your project located in?
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050406
4. Project Description and History
2f. Fax Number:
State / Province / Region
AL
Country
us
4e. Fax Number:
2b. Property size:
82
State / Province / Region
Country
8

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 Area is situated at Latitude 34.254182' North and Longitude -78.105096' West, located in the northern part of Brunswick County on approximately 82 acres of land. Accessible
from Malmo Loop Road Northeast in Leland, Brunswick County, North Carolina, the area is presently forested, featuring a mix of silviculture fields, wooded areas, and surface water
features.
Since at least 1985, the Project Area has been utilized for timber production, primarily focusing on loblolly and longleaf pine. Wetland portions contain mixed hardwoods with various bay
trees present. Surrounding the Project Area is a quarry to the east, and undeveloped land, particularly to the north and south. Some areas within the Project Area and to the south have
been utilized for silviculture, with raised beds implemented to minimize root system exposure to water and enable adequate drainage.
Furthermore, the Project Area serves as a private hunting camp, fostering a healthy population of species such as white-tailed deer and turkeys. Historically, the area has been dedicated
to silviculture, but recent expansions in Leland, NC, driven by the rapid growth of the greater Willington area, necessitate the addition of new developments.
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:
5.84
4g. List the total estimated linear feet of all existing streams on the property:
1,581
4h. Explain the purpose of the proposed project: *
The necessity for this project is underscored by the significant population growth experienced in Brunswick County, particularly in the city of Leland. Between 2010 and 2020, the
population of Brunswick County surged by approximately 36%, escalating from 108,070 to 169,564 individuals. Brunswick County officials anticipate a further increase ofaipproximately
42,000 people by the year 2029.
The project's purpose is clearly outlined as the construction of a residential subdivision consisting of individual lots, roadway infrastructure, stormwater management facilities, and utility
infrastructure, necessitating the placement of engineered fill within jurisdictional resources. These components are essential to facilitate the development of a financially viable residential
community to cater to the expanding needs of the City of Leland in Brunswick County.
Additionally, the proposed project aims to create a residential development that seamiessly integrates with future developments on adjacent properties, ensuring ease of connectivity and
future growth opportunities.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The primary entrance of the development lies along the eastbound lane of Malmo Loop Road, with an additional entry point to the east. Within the development area, there are three main
roads, including a loop road in the southwest section, and three roads culminating in cul-de-sacs in the eastern part. As per the current design plan, the Applicant intents to develop 272
lots. The design team strategically positioned the roads and lots to minimize disruption to water features, such as streams and wetlands. Through careful planning, all streams and
wetlands have been successfully avoided, with only non -stream features experiencing any accrued impacts due to the development.
Furthermore, there are four wet detention ponds strategically placed to facilitate stormwater treatment and management within the development. Each ofthese ponds is subdivided into
two or three sections to facilitate substrate removal, effectively reducing NTU levels to the maximum extent practical at pond discharge locations. They were strategically designed to limit
impacts to jurisdictional features and to comply with local regulations for stormwater management.
The first pond, Pond One, situated east of the main entrance and west of Wet L, serves as the stormwater management focal point for the central area of the development. Its ouffall,
located in the northwest section, channels water beneath the main entrance into Pond two.
Pond two, positioned west of the main entrance and adjacent to Malmo Loop Road, collects water from Pond one and the western segment of the project area. After treatment, water is
discharged into Wet S via the outfall in the western corner.
Located in the southwest corner of the project area, Pond three complements Pond two in servicing the western portion. Its outfall discharges into wetland S.
The final pond, Pond four, is situated along the eastern boundary, catering to the eastern segment of the project area. Its ouffall, positioned in the northeast corner, directs water discharge
into Wet K (located outside of the permit boundary to the west), situated beyond the project area limits.
The development of the site will be executed in a systemic approach by phasing out the project activities. Phase I involves vegetation removal, where buncher fellers will be utilized to clear
mature trees, which will then be laid down for removal by other equipment. Subsequently, mulchers will target areas with dense understory. Excavators will follow to eliminate the root
systems of felled trees before grading can commence.
Phase 11 encompasses grading for lots and roads, along with the installation of stormwater management ponds and utilities. This phase also involves creating roadbeds and building pads
to match engineering specifications. Equipment such as graders, excavators, mini excavators, dump trucks, and bulldozers will be employed for these tasks.
Phase III focuses on implementing roadway infrastructure, as well as the vertical construction of homes. It includes the paving of roads, installation of curbs and gutters, construction of
houses and amenities, and final landscaping. Pavers, rollers, dump trucks, and other heavy equipment will be deployed to bring the project to completion during this phase.
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-2022-01148
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Samuel Ford
Agency/Consultant Company: Spectrum Environmental, Inc.
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
Site Visit: May 3, 2023
Verification: July 20, 2023
6. Future Project Plans
6a. Is this a phased project?*
Yes No

6b. If yes, explain.
The overarching plan entails the development of the entire 2,100-acre tract of land. The initial phase will focus on the first 82 acres located adjacent to Malmo Loop Road NE. This specific
area was selected due to its ownership by Criteria Development, distinguishing it from the remaining acreages that are still undergoing negotiations for purchase.
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
I a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
a
3a. Reason for impa
3c. Type of impact*
name*
3e. Stream Typ
ype
3f. Type of
3g. S. width
3h. I
F1
(1) l�
Jurisdiction
leng
To allow for grading and
Permanent
Fill
Non-strea 4
Corps
development of lots, roads,
and utilities
To allow for grading and
Permanent
Fill
Non-strea 5
Jurisdictional Ditch
Corps
development of lots, roads,
and utilities
To allow for grading and
Permanent
Fill
Non-strea 6
Corps
development of lots, roads,
and utilities
3i. Total jurisdictional ditch impact in square feet:
9,251
31. Total permanent stream impacts:
2,574
31. Total stream and ditch impacts:
1530
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Within the project boundary, there exists one (1) stream, three (3) non -streams, and four (4) forested wetlands. The design team successfully
engineered the layout to steer clear ofall wetlands and streams, achieving a 100% avoidance ofthese features. Roads, lots, and stormwater detention
structures were strategically positioned to circumvent these sensitive features.
Where feasible, buffers were established to create a distance between the developments and the natural features, facilitating the natural treatment of
runoff. Stormwater detention pond one, for instance, was designed to be developed adjacent to Wet L without encroaching upon its boundary. This
strategy was utilized to meet stormwater requirements and avoid direct impacts to the wetland. Furthermore, the same approach was implemented to
avoid direct impacts to Wet S by strategically designing the stormwater management facilities in a location that would not adversely affect the wetland.
Additionally, the Applicant was able to avoid direct impacts to Wet L, Wet M, and Wet N by utilizing the small break between each of these wetlands for
roadway infrastructure to access additional phases of the development. Residential lots were also incorporated along the road that were able to avoid
direct impacts to the wetlands referenced above.
The three non -streams are the only jurisdictional features that accrued any impact. Out of the total 0.243 acres of non -streams 0.031 acres were
successfully avoided.
Ib. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
b. During the construction phase, wetlands are identified with pink "WETLAND DELINEATION" flagging, while streams and non -streams are marked with
a combination of blue and pink flagging bearing the same label. These flags serve as clear indicators to contractors, delineating the boundaries of water
of the United States (WOTUS) features. To mitigate potential siltation impacts and to demarcate the limits of disturbance, Best Management Practices
(BMPs) have been implemented around these features.
The BMPs deployed include siltation fencing and other measures aimed at safeguarding the features themselves as well as the downstream waters.
These proactive measures not only protect the integrity of the wetlands and streams to the maximum extent practical but also provide contractors with a
visual guide to respect the designated boundaries during construction activities.
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:
The proposed impacts to the project area are only to non -streams (jurisdictional ditches) which do not require mitigation.
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:
Stormwater will be treated through the use of stormwater detention basins that are designed to minimize the sediment, nutrients, and other pollutants from entering offsite waterbodies.
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
8
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:
Plans were submitted to the Town of Leland (state -approved local government) in September for The East Lake Development. To date, we have not received any documentation of
approval (only verbal). Once documentation is provided, a copy will be provided for your review.
G. Supplementary Information
1. Environmental Documentation
I a. 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 WaterorWetland 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
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
Unknown
8

5f. Wi I I 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: Information for Planning and Consultation (IPaC)
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?
b. NOAA Fisheries - Essential Fish Habitat Mapper - Atlantic Highly Migratory Species - https://www.habitat.noaa.gov/apps/efhmapper/?page=pagE�_7
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?
b. hftps://nc.maps.arcgis.com/home/group.html?
id=d56ec9c8aa77423b93lf4d359flO3ae6&view=list&categories=B2FCategoriesFHPOWEB2D%23content#overview
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 1 00-year floodplain?
Yes No
8b. If yes, explain how project meets FEMA requirements:
A flood study is being prepared to establish base flood elevations for this portion of the property. FEMA has already provided one round of comments
that are currently being addressed. Once the Study is complete, documentation will be provided for your review.
8c. What source(s) did you use to make the floociplain determination? *
https://hazards-fema.maps.arcgis.com/apps/Webappviewer/index.html?id=8bOadb5lg96444d4879338b5529aa9cd
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 hem to attach document
ePCN Supporting Documents for East Lake Subdivision.r.pdf 17.32MB
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 PCIN 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 PCIN form.
Full Name:
Samuel Ford
Signature
8
Date
4/10/2024