20052197 Ver 5_Application_20160815

Sou6crn Fnvironmcnta[Group, Inc.
s 31 s 5ootbCodeso Road 5nite E • Wilmington, Nord, Carolina 28+12
910.+52.2711 • Fax 910.+32.2899
wwws4ms
5 August 2016
Hand Delivery
Mr John Policarpo
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Mr Chad Coburn
NC Division of Water Resources (WiRO)
127 Cardinal Drive Extension
Wilmington, NC 28405
VS
Re: Request for Modification to Avalon Subdivision NWP 29 & GC 3890
Supply, Brunswick County
USACE AID 2006-00298
DWR Project # 05-2197v4
Dear John and Chad
[SEGi Project 905-158 01]
Southern Environmental Group, Inc (SEGi) has been retained by Brunswick County Planning ("County'), to request a
modification to the existing NWP 29 and GC 3890, which were issued in 2015 A permit modification is necessary to
account for impacts that are being proposed on the north side of the subdivision When SEGi applied for the NWP and GC
in 2015, the northern property owners (Land Limited, LLC) were unresponsive to the County's request to allow SEGi to
include the impacts, on the northern portion of the site, within the Pre -construction Notification and, therefore, forced the
southern property owner (BMR Funding, LLC) to secure permits for their impacts only Since then, the roads on the
northern property have been platted and recorded Tlus allows for the County to proceed with permitting the proposed
impacts
On 21 May 2015 the USACE, under Action ID SAW -2006-00298, and the DWR, under Project # 05-2179v4, issued
authorization for BMR Funding, LLC to impact 0 06 -acre of jurisdictional wetlands, 0 03 -acre of jurisdictional other
waters and 13 linear feet of warm water stream, on the southern portion of the subdivision The impacts proposed for the
northern portion of the subdivision consist of 0 13 -acre of jurisdictional RPWs and 001 -acre of bottomland hardwood
forest and freshwater marsh The purpose of the impacts is to facilitate several roads, which provide future owners access
to lots within the subdivision
Impact ID
Type
Type of Wetland
B
Road Crossing
Bottomland Hardwood Forest
294 SF / 0.006 AC
C
Road Crossing
Bottomland Hardwood Forest
29 SF / 0.0006 AC
D
Road Crossing
Waters of the US (RPW)
2042 SF / 0.05 AC
E
Road Crossing
Waters of the US (RPW)
1875 SF 10.04 AC
F
Ally Crossing
Freshwater Marsh
344 SF / 0.008 AC
G
Road Crossing
Waters of the US (RPW)
1512 SF / 0.03 AC
Total Permanent Wetland Impacts:
6096 SF / 0.14 AC

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Table 1. Proposed impacts for northern portion of.4valon SD.
Cumulative impacts (i a impacts that were authorized and completed in 2007, the impacts that were authorized in 2015
and the proposed impacts) include the loss of 0 25 -acre of jurisdictional wetlands, 0 03 -acre of open waters, and 49 linear
feet of stream The impacts have not changed since they were originally authorized in 2007
Mitigation for the previously authorized impacts (i a payment to the NC EEP for 150 LF of warm water stream
restoration credit and payment to the Stones Farm Wetland Mitigation Bank for 0 30 -acre of riparian wetland restoration
credit) has been fulfilled Due to the fact that 0 13 -acre of the proposed 0 14 -acre of impact is to take place within RPWs,
the Applicant is not proposing mitigation with this PCN
At this time SEGi is requesting the agencies' review of the attached PCN and associated appendices, in hopes that the
modification to the NWP and GC will be issued without delay However, should either of you have questions or concerns
regarding this project, please feel free to contact me at 910 452 2711 Thank you both; in advance, for your time and
assistance with this project
Sincerely,
J,
Dana A Lutheran
SEGi Project Manager
Enclosures (1 - PCN with Accompanying Appendices)
cc Mr Chad Coburn — DWR WiRO
Ms Karen Higgins — DWR Raleigh Oversight (3 copies and $240 filing fee)

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A. Applicant Information
1. Processing
Office Use Only
Corps action ID no.
DWR project no
Form Version 1 4 January 2009
Pre -Construction Notification (PCN1 Form
la Type(s) of approval sought from the Corps
® Section 404 Permit ❑ Section 10 Permit
lb Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number
1c Has the NWP or GP number been verified by the Corpse I ❑Yes ®No
5EGi
1 d Type(s) of approval sought from the DWR (check all that apply)
®401 Water Quality Certification — Regular ❑Non -404 Jurisdictional General Permit
❑401 Water Quality Certification — Express ❑Riparian Buffer Authorization
1 e Is this notification solely for the record For the record only for DWR For the record only for Corps Permit
because written approval is not required? 401 Certification
❑Yes ®No ❑ Yes ® No
1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee ❑ Yes [:]No
program
1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h ®Yes ❑No
below
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑Yes ®No
2. Project Information
2a Name of project Avalon Subdivision (North)
2b County Brunswick County (#10)
2c Nearest municipality / town Supply
2d Subdivision name Avalon
2e NCDOT only, T I P or state project no NA
3. Owner Information
3a Name(s) on Recorded Deed
3b Deed Book and Page No
3c Responsible Party (for LLC if applicable)
3d. Street address
3e City, state, zip
3f Telephone no
3g Fax no
3h Email address
Brunswick County, Planning (see Appendix A)
Not Applicable (county owned roads).
Bill Pinnex
PO Box 249, Building I
Bolivia, NC 28422
910.253.2408
NA
W i Uia mPinn i x�a? b m n sw ickco u n tyn e~ LFo v
1

AvalpA(Noob) — 5unswick Counts#
SEG
4.
Applicant Information (if different from owner) —
4a
Applicant is
[-]Agent ®Other, specify Brunswick County — Bond holder
4b
Name
Mr. William Pinnix
4c
Business name (if applicable)
Brunswick County Planning Department
4d
Street address
Post Office Boa 249
4e
City, state, zip
Bolivia, NC 28422
4f
Telephone no
910.253.2408
4g
Fax no
2c
4h
Email address
william.oinnixnbrunswickcounhMEM
5.
Agent/Consultant Information (if applicable)
5a
Name
Dana Lutheran (see Appendix B)
5b
Business name (if applicable)
Southern Environmental Group, Inc. (SEGi)
5c
Street address
5315 South College Road, Suite E
5d
City, state, zip
Wilmington, NC 28412
5e
Telephone no
910.452.2711
5f
Fax no
910.452.2899
5g
Email address
[e-mail]
B.
Project Information and Prior Project History
1.
Property Identification
1 a
Property identification no tax PIN or parcel ID)
None — Platted Roads (see Appendix A)
1 b
Site coordinates (in decimal degrees)
Latitude 33.9983°N Longitude 78.2068°W
1c
Property size
199.53 acres
2.
Surface Waters
2a
Name of nearest body of water to proposed project
UT to Lockwood Folly
2b
Water Quality Classification of nearest receiving water .
C;Sw
2c
River basin
Cape Fear (03030001)
3.
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Site exhibits varying conditions across the property. The western portion of the tract is wooded. There is an unnamed
tributary to the Lockwoods Folly River that runs through a portion of the middle of the property. A historic lake exists
as a result of an agricultural dam being placed across the creek body. There is also a man-made, non jurisdictional pond
on-site, found to the southeast of the lake.
In 2007, Town & Country Development obtained the necessary permits to install roads and infrastructure for the
development of a 344 lot subdivision. The roads and infrastructure have been installed on the southern portion of the
project site (see Appendix Q. The rest of the site was left undeveloped but has been mowed over the years. There are a
few unpaved paths on the site, that were present prior to land development took place. The areas surrounding the
project site are mostly wooded and undeveloped, or in the process of being developed for residential subdivisions.
3b
List the total estimated acreage of all existing wetlands on the property, --42.5 acres

AvalpwNoetFi) - E tunswick Count#
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3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Unknown
3d Explain the purpose of the proposed project
The purpose of this project is to complete the installation of roads and infrastructure, within a subdivision known as Avalon.
The subdivision, as proposed, will provide lots for 344 single family dwellings (see Appendix C for details).
3e Describe the overall project in detail, including the type of equipment to be used
The site has received NC DENR Stormwater and S&EC permits for a 344 lot residential subdivision. The proposed
development plans include common areas, as well as active and passive open spaces for use by residents. Utility corridors,
sewer areas, fire hydrants, and roadways will be put into service on the north and western portions of the project site. Heavy
equipment will be used in this project, such as back hoes and bull -dozers. The machinery will be used to clear the land,
stabilize the soil, and establish grade. Please see Appendix E for details of the development. This plan has not changed since
originally being permitted in 2007.
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream
®Yes ❑No ❑Unknown
determinations by the Corps or State been
requested or obtained for this property / project
Comments
(including all prior phases) in the past?
4b If the Corps made the jurisdictional determination,
❑Preliminary ❑Final
what type of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency/Consultant Company
Name (if known) David Scibetta
SEGi
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
In 2015, a new JD was issued for this site, with the issuance of the NWP
5. Project History
5a Have permits or certifications been requested or
®Yes [:]No ❑Unknown
obtained for this project (including all prior phases)
in the past?
5b If yes, explain in detail according to "help file" instructions
In 2007, the USACE issued authorization to utilize NWP 39 for the entire subdivision (copy of NWP submitted previously),
which included impacts to 0.25 -acre of jurisdictional wetlands, 0.03 -acre of jurisdictional open waters and 49 linear feet of
stream In 2015, the USACE and DWR issued authorization to utilize NWP 29 and GC 3890 to impact 0.06 -acre of
jurisdictional wetlands, 0.03 -acre of jurisdictional open waters and 49 linear feet of stream. The USACE AID # is SAW -2006-
41723 and the last DWR Project# issued for this project is 05-2197v4.
6. Future Project Plans
6a Is this a phased project?
®Yes ❑No
6b If yes, explain
This project is part of a Planned Unit Development (PUD). All impacts, within the PUD, will be treated cumulatively. The
development plan proposes to cumulatively impact 0.25 -acre of jurisdictional wetlands, 0.03 -acre of jurisdictional open
waters and 49 linear feet of stream. Additional impacts to wetlands are not anticipated with this project.

Aval1a4) - E I' nswick mount#
SEI
C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
®Wetlands ®Streams — tributaries ❑Buffers ❑Open Waters ❑Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
Wetland Impact number
Permanent (P) or
Temporary (T)
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction Corps
(404,10) or DWR (401, other)
2f
Area of impact (acres)
40
#"
2699 8F i 006A
B
Road Crossing
Bottomland Hardwood Forest
No
N/A
294 SF / 0.006 AC
C
Road Crossing
Bottomland Hardwood Forest
No
N/A
29 SF / 0.0006 AC
D
Road Crossing
Waters of the US (RPW)
No
N/A
2042 SF / 0.05 AC
E
Road Crossing
Waters of the US (RPW)
No
N/A
1875 SF / 0.04 AC
F
Ally Crossing
Freshwater Marsh
No
N/A
344 SF / 0.008 AC
G)
Road Crossing
Waters of the US (RPW)
1512 SF / 0.03 AC
44
Road
NO
TO
�Ni/�A�
S'�f1'[
870 8F 0.02 AC
J
R_&�
Cr__L... iep Alars
440M/
♦
1344 C A
2g Total Permanent Wetland Impacts:
6096 SF / 0.14 AC
2h Comments Impact areas H and 3 have already taken place (0.05 -acre). Impact area A (0.06 -acre) has not taken place but was previously approved
with the 2015 NWP. Impact areas B, C, D, E, F and G (0.14 -acre) are being proposed with this PCN. Please see Appendix C for details.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary Impacts) proposed on the site, then complete this question
for all stream sites impacted
3a
Stream Impact number
Permanent (P) or
Temporary (T)
3b
Type of Impact
3c
Stream name
3d
Perennial (PER) or
Intermittent (INT)'?
3e
Type of
jurisdiction
3f
Average
stream width
(feet)
3g
Impact length
(linear feet)
04
6Lf
Z
UT to the boela% oad
nne�
W" R
4"
411
3hTotal
stream and tributary impacts
�3
31 Comments Steam Impact I has already been installed. Stream Impact 2 was approved with the 2015 NWP, but has not yet taken place.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S
then individually list all open water impacts below
4a
Open water Impact number
Permanent (P) or Temporary (T)
4b
Name of water body
(if applicable)
4c
Type of Impact
4d
Water body type
4e
Area of impact (acres)
01
4f Total open water impacts
��2 cc i n nnc ♦ n
4g Comments This impact has already taken place.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below

Aval9wNa W - Eunswick roust
SEG
5a
Pond ID number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
2a Does the project require Compensatory Mitigation for
P1
impacts to Waters of the U S or Waters of the State?
2b If yes, mitigation is required by (check all that apply)
❑DWR ❑Corps
5f Total:
NA
5g Comments
5h Is a dam high hazard permit required?
❑Yes [-]No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWR)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If
any impacts require mitigation, then you MUST fill out Section D of this form
6a Project is in which protected basin?
Neuse Tar -Pamlico Catawba Randleman Other
6b
Buffer Impact number—
Permanent (P) or
Temporary (T)
6c
Reason for impact
6d
Stream name
6e
Buffer Mitigation
required?
6f
Zone 1 impact
(square feet)
6g
Zone 2 impact
(square feet)
B1
6h Total Buffer Impacts:
NA
61 Comments
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
During the conception of the project, the Applicant was careful to design the community to only require impacts to wetlands
associated with road crossings. All of the lots are buildable without impacting wetlands.
2b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Retaining walls were incorporated into the plan, in order to minimize impacts even further. In addition, during the
construction process, the contractor will be required to adhere to strict sediment and erosion control practices.
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
Due to the fact that the majority (0.13 -acre) of the proposed impacts are to RPWs (i.e. ditches or water conveyances), the Applicant is not
proposing mitigation.
2a Does the project require Compensatory Mitigation for
❑Yes ®No
impacts to Waters of the U S or Waters of the State?
2b If yes, mitigation is required by (check all that apply)
❑DWR ❑Corps

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2c If yes, which mitigation option will be used for this
project?
❑Mitigation bank
E] Payment to in -lieu fee program
[-]Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4. Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
4b Stream mitigation requested
Zone 2
4c If using stream mitigation, stream temperature
4d Buffer mitigation requested (DWR only)
4e Riparian wetland mitigation requested
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee
responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
NA
4f Non -riparian wetland mitigation requested.
E. Stormwater Management and Diffuse Flow Plan (required by DEMLR)
4g Coastal (tidal) wetland mitigation requested
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
NA
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑Yes ®No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of
mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
6e
Multiplier Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required: NA
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee
responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
NA
6h Comments
E. Stormwater Management and Diffuse Flow Plan (required by DEMLR)
1. Diffuse Flow Plan

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1 a
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
EI Yes ®No
1 b
If yes, then is a diffuse flow plan included? If no, explain why
❑Yes [—]No
2.
Stormwater Management Plan
2a
What is the overall percent of impervious area of this project?
%
2b
Does the project require a Stormwater Management Plan?
®Yes []No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
The stormwater permit was issued in 2007.
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
This is a high density subdivision.
2e
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a
In which local governments jurisdiction is this project?
3b
Which of the following locally -implemented stormwater management programs
apply (check all that apply)
❑Phase II ❑NSW USMP
[]Water Supply Watershed
❑Other
3c
Has the approved Stormwater Management Plan with proof of approval been attached?
❑Yes [:]No
4. DEMLR Stormwater Program Review
4a Which of the following state -implemented stormwater management
programs apply (check all that apply)
®Coastal counties ❑HQW
❑ORW ❑Session Law 2006-246
❑Other
4b
Has the approved Stormwater Management Plan with proof of approval
been attached?
❑Yes ®No
5. DWR 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
®Yes [:)No
5b
Have all of the 401 Unit submittal requirements been met?
®Yes [:]No
F.
Supplementary Information
1.
Environmental Documentation (DWR Requirement)
la
Does the project involve an expenditure of public (federal/state/local)funds or the use
of public (federal/state) land?
❑Yes ®No
lb
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑Yes [:]No
1c
If you answered "yes" to the above, has the document review been finalized by the State
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter)
Comments
❑Yes ❑No
2.
Violations (DWR Requirement)
2a
Is the site in violation of DWR Wetland Rules (15A NCAC 2H 0500), Isolated Wetland
Rules (15A NCAC 2H 1300), DWR Surface Water or Wetland Standards, or Ripanan
Buffer Rules (15A NCAC 2B 0200)?
❑Yes ®No
2b
Is this an after -the -fact permit application?
❑Yes ❑No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)

Avalp -Na46) J*nswickCounts#
3. Cumulative Impacts (DWR Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
[]Yes ®No
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most
recent DWR policy If you answered "no," provide a short narrative description
4. Sewage Disposal (DWR Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the
proposed project, or available capacity of the subject facility
Municipal sewer is provided.
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
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
SEQ addressed this concern in the 2015 PCN submittal.
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑Yes ®No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
This site is not located along any water course that would considered Essential Fish Habitat
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 (e g , National Historic Trust
designation or properties significant in North Carolina history and archaeology)?
[]Yes ®No
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
This was addressed with previous permitting.
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
8c What source(s) did you use to make the floodplain determination?
Brunswick Co. GIS
Dana A Lutheran
5 August 2015
Date
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter
from the applicant is provided )

Aim &-D.NPl� -FCN 5EGI
Appendix A
Onslow County Tax Information

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Appendix B
Brunswick County Agent Authorization

5r -r&
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: East Black Squirrel Lane and King Lucius Way. within
Avalon S D.
LOT NO. PLAN NO. PARCEL I.D.
STREET ADDRESS: East Black Squirrel Lane and King Lucius Way SE
Applicant: Brunswick County
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on their behalf, in matters regarding areas of
environmental concern.
Applicant's Mailing Address (if different than property above):
Telephone:
Property Owner Authorized Signature
Print Name
Date
SEGi Authorized Signature
Dana A. Lutheran
Print Name
25 July 2016
Date

Aim & D.Ng4 1 -FC -N 5EG1
Appendix C
Avalon S.D. Wetland Impact Map with Profile Drawings
(Impact Areas B, C, D, E, F and G)

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