20240550 Ver 1_ePCN Application_20240411

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#*
20240550 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
11 a. Name of project:
The Proximity Blue Clay, LLC
la. Who is the Primary Contact?
Megan Dean
1 b. Primary Contact Eni
[e-mail]
Date Submitted
4/11/2024
Nearest Body of Water
Smith Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude:
34.309182
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:
-77.902063
1 c. Primary Contact Phone:*
[phone]
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 PCN 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
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
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:
Proximity Blue Clay LLC
2b. Deed book and page no.:
BKO06645PGO02796
2c. Contact Person:
Calvin F. Wells , Jr., Manager

2d. Address
Street Address
102 Autumn Hall Drive
Address Line 2
Suite 210
city
Wilmington
Postal / Zip Code
28403
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Calvin F. Wells, Jr., Manager
3b. Business Name:
Proximity Blue Clay LLC
3c. Address
Street Address
102 Autumn Hall Drive
Address Line 2
Suite 210
city
Wilmington
Postal / Zip Code
28403
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Megan Dean
4b. Business Name:
Southern Environmental Group, Inc
4c. Address
Street Address
5315 South College Road
Address Line 2
Suite E
city
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
1c. Nearest municipality I town:
Castle Hayne
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
8

2. Project Identification
2a. Property Identification Number:
R02600-003-087-000
2c. Project Address
Street Address
3600 Block of Blue Clay Road
Address Line 2
city
Castle Hayne
Postal / Zip Code
28405
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Smith 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-cligit HUC in which the project is located.
030300070808
4. Project Description and History
2b. Property size:
24
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 ofthis application:
This site currently stands as an agricultural field with historic farm ditches present.
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
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
To fill the three, with a total of 0.07 ac, of open water ditches on property in preparation for above ground construction to begin for proposed apartment buildings.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Proposing to fill the marked ditches (see Appendix D) with clean earthen soil, utilizing bulldozers, backhoes, and other heavy machinery to move soil to designated area.
Non -Wetland Waters Fill Area #1 - necessary to fill in order to construct the intersection between Road F and B; installation of HVAC units for building 14; the remainder of the ditch will no
longer be jurisdictional/no longer be a viable ditch to keep on the property.
Non -Wetland Waters Fill Area #2 - necessary to fill to construct building 12, Road F and adjacent parking spots, as well as construction of the maintenance building.
Non -Wetland Waters Fill Area #3 - necessary to fill in order to construct buildings 9 and 8 along with the appropriate HVAC systems; the remainder of the ditch will no longer be
jurisdictional/no longer be viable to keep on the property
To utilize appropriate soil and erosion controls to ensure no down -stream impacts occur. To establish and maintain best management practices throughout.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
11/17/2022
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-2022-02176
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Noah Dean
Agency/Consultant Company:
Other:
Southern Environmental Group, inc

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
11/21/2022
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?
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
4. Open Water Impacts
14al. Impact Reason 114b.
Impact type
14c. Name of waterbody 114d.
Activity type A4e.
Waterbody type
Fill to complete above
P
PNWWUS 1
Fill
Ditch
ground construction
I
Fill to complete above
P
PNWWUS 2
Fill
h
ground construction
�rc
Fill to complete above
P
PNWWUS 3
Fill
Ditch
ground construction
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.07
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.07
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the project, the applicant had the waters of the US delineated. Once it was determined available uplands could not be accessed
without filling these ditches, it was determined necessary to complete this task.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The applicant/engineer has designed to project to prevent sediment in remaining collector ditch while upholding best management practices.
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:
Jurisdictional ditches do not require compensatory mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
Ia. 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:
No riparian buffers on or near this site.
2. Stormwater Management Plan
R,
8
a

2a. Is this a NC DOT project subject to compliance with NC DOT'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 (SIVIP) 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 (SIVIP) 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:
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 WaterorWetiand 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 impact anticipated.
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. Ifthe wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Municipal sewer/county sewer available.
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?
United States Department of the Interior Fish and Wildlife Service - Raleigh Ecological Field office. Project code: 2024-0065606 (See Appendix F, G, &
H)
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?
National Oceanic and Atmospheric Administration Fisheries essential fish habitat report/mapper. (see Appendix 1)
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?
NC SHPO HPOWEB2.0 Map (see Appendix J)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEIVIA-clesignated 1 00-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FRISNorth Carolina Flood Risk Information System (See Appendix K)
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
The Proximity Blue Clay, LLC PCN Aftachments.pdf 8.91 M B
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:
Megan Dean
Signature
--Y
x
Date
4/11/2024