20181487 Ver 1_PCN Form Submission_20181030

DWR
IDIOM n of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20181487
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Leland Commercial - 28 Acres Carol Lynn Tracts
1a. Who is the Primary Contact?*
Dana A. Lutheran
1b. Primary Contact Email:*
[e-mail]
Date Submitted
10/30/2018
Nearest Body of Water
Morgan Branch
Basin
Cape Fear
Water Classification
C;sW
Site Coordinates
Version# *
1
What amout is owed?*
r• $240.00
* $570.00
Select Project Reviewer*
Chad Coburn:eads\cccoburn
1c. Primary Contact Phone:*
[phone]
Latitude: Longitude:
34.198717 -78.061838
FA. Processing Information u
County (or Counties) where the project is located:
Brunswick
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
29
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
14 - Linear transportation
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
C Yes r No
F. Applicant Information
1d. Who is applying for the permit?
r Owner V Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
f Yes r No
2. Owner Information
r Yes r No
r Yes r No
2a. Name(s) on recorded deed:
Buster Development, LLC
2b. Deed book and page no.:
T1
2c. Responsible party:
Mr. Tom Smith
2d. Address
Street Address
214 Quilon Circle
Address Line 2
qty
State / Frovinre / R�gicn
Wilmington
NC
Postal / Zip Aide
0�untry
28412
US
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)

3a. Name:
3e. Fax Number:
Mr. Tom Smith
3b. Business Name:
Buster Development, LLc
3c.Address
Street Address
214 Quilon Circle
Address Line 2
City
State / Rwinoe / F agion
Wilmington
NC
Flostal / Zip Cade
Country
28412
US
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
NA
1c. Nearest municipality/town:
Leland
2. Project Identification
2a. Property Identification Number:
Multiple (see Parcel Information Summary
2b. Property size:
Sheet)
28 acres
2c. Project Address
Street Address
8031 Ocean Highway E
Address Line 2
qty
State/ Rwince/ Fbgion
Leland
NC
Fbstal / Zip Code
Country
28451
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Morgan Branch
3b. Water Resources Classification of nearest receiving water:*
Qsw
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.
030300050603
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:*
The subject property is located at the intersection of US Hwy 17 S (Ocean Highway E) and Carol Lynn Drive NE and is bordered by residential dwellings to the north and west, US
Highway 17 S to the east and Carol Lynn Drive NE to the north. The site is currently wooded. An upland cut ditch extends from the northern project limits south to where it intersects with
a warm water stream, which originates out of the bottomland hardwood forest, located on the eastern portion of the property (see site plan for details). Severe erosion of the ditch and
stream took place during Hurricane Florence. This is evident by the amount of sand that has been deposited on the banks of the stream. A soil road with 24" culvert is located
downstream of where the ditch discharges into the stream.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes 6 No r Unknown
4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Carol Lynn Topo Map 071017.pdf 1.51 MB
Carol Lynn LiDAR Map 071017.pdf 843.59KB

4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the projects ite. (for DWR)
Carol Lynn Soil Map 071017.pdf 1.16MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.18 Ac.
4g. List the total estimated linear feet of all existing streams on the property:
+/-380 LF
4h. Explain the purpose of the proposed project,*
The purpose of this project is develop 5 tracts of land into a mixed use, high density development, within a fast growing section of Brunswick County, NC.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will consist of impacting 0.215 -acre of bottomland hardwood forest, for two road crossings and building pad (Impact Areas 1, 2 and 3), 0.08 -acre of basin wetlands (Impact
Areas 4 and 5) and 0.008 -acre of RPW/ditch (Impact Area 6). Cumulatively, the project will impact 0.29 -acre of wetlands and 0.008 -acre of RPW/ditch. Impact Area 1 requires the
installation of a 24" x 68' HDPE culvert and 10' of Class B rip -rap, on the downstream end; Impact Area 2 requires the installation of a 24" x 130' HDPE culvert, with 10' of Class B rip -rap
on the downstream end; and Impact Area 6 will require the installation of a 48" x 80' HDPE culvert, with 10' of Class B rip -rap on the downstream end. Additionally, the Applicant
proposes to remove the existing soil road and 24" culvert from the stream and restore the feature to its original grade and contour. Large machinery, such as backhoes, dump trucks,
bulldozers and graders, will be used to conduct the work. While filling the entire wetland at Impact Area 5, it is anticipated that the remaining wetland area will not remain functionally
viable, as the hydrologic input (i.e. surface water runoff) will be removed. This is the only indirect impact that is anticipated to take place, with this project.
4j. Please upload project drawings for the proposed project.
Leland Commercial Proposed Wetland Impact Map.pdf 763.23KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
x: Yes r No C Unknown
Comments:
See attached JD Packet
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
USACE AID# SAW -2005-1297 and NCDWR NOV 2005 -SS -0015 (see JD Request Packet)
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
5d1. Jurisdictional determination upload
Carol Lynn JD Request Package 103018.pdf
6. Future Project Plans
4.86MB
6a. Is this a phased project?*
r Yes r 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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
V Wetlands r Streams -tributaries r Buffers
P Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason(?) 2b. Impact type x M 2c. Type of W. 2d. W. name 2e. Forested 2f. Type of2g. Impact
Jurisdicition*(?) area*
1
Road Crossing
P
Bottomland Hardwood Forest
C
Yes
Corps
0.088
(acres)
2
Road CrossingP
Bottomland Hardwood Forest
C
Yes
Corps
0.128
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.297
2h. Comments:
4. Open Water Impacts
29. Total Permanent Wetland Impact
0.297
_11 4a. Sited# 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area
i Road Crossing P NA Fill Ditch 0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.01
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Applicant designed the project to minimize wetland impacts to the greatest extent practicable by situating the road crossing to intersect the
wetlands as near to perpendicular as possible and at the narrowest points. Additionally, stormwater ponds are situated next to wetlands, which allows
infiltrated stormwater to recharge the wetlands, though groundwater migration.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to major land disturbance activities taking place, sediment and erosion control measures will be installed to reduce the potential for sediment
and/or construction stormwater from discharging into waters of the US. Work within wetlands will only be conducted during dry periods. Work within the
stream and/or ditch will not take place within 48 hours of a rain event that is anticipated to produce or produces 1/2" of rainfall within a 24 hour period.
Once the work is finished, the stream bed will be lined with jute mat, the banks with excelsior matting, and both pinned into place.
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?
R Yes t^ No
2c. If yes, mitigation is required by (check all that apply):
P DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r" Payment to in -lieu fee V Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.20
Attach Receipt and/or letter
3c. Comments
A credit reservation letter Will be submitted to the agencies upon approval of the proposed mitigation plan.
5. Complete if Using a Permittee Responsible Mitigation Plan
Building Pad
Building Pad
P
P
Bottomland Hardwood Forest ��C
Small -Basin Wetland
D
Yes
Yes
Corps
Corps
0.001
(acres)
0.050
(acres)
Building Pad
P
Small -Basin Wetland
E
Yes
Corps
0.030
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.297
2h. Comments:
4. Open Water Impacts
29. Total Permanent Wetland Impact
0.297
_11 4a. Sited# 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area
i Road Crossing P NA Fill Ditch 0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.01
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Applicant designed the project to minimize wetland impacts to the greatest extent practicable by situating the road crossing to intersect the
wetlands as near to perpendicular as possible and at the narrowest points. Additionally, stormwater ponds are situated next to wetlands, which allows
infiltrated stormwater to recharge the wetlands, though groundwater migration.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to major land disturbance activities taking place, sediment and erosion control measures will be installed to reduce the potential for sediment
and/or construction stormwater from discharging into waters of the US. Work within wetlands will only be conducted during dry periods. Work within the
stream and/or ditch will not take place within 48 hours of a rain event that is anticipated to produce or produces 1/2" of rainfall within a 24 hour period.
Once the work is finished, the stream bed will be lined with jute mat, the banks with excelsior matting, and both pinned into place.
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?
R Yes t^ No
2c. If yes, mitigation is required by (check all that apply):
P DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r" Payment to in -lieu fee V Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.20
Attach Receipt and/or letter
3c. Comments
A credit reservation letter Will be submitted to the agencies upon approval of the proposed mitigation plan.
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 including mitigation credits generated.
The Applicant intends to restore 33 linear feet of warm water stream, by removing the eAsting 24" culvert and soil road. The area will be graded to
match the wasting width and depth of the stream channel and the banks of the slopes. See Wetland Impact Map for a profile of the proposed work.
5b. Mitigation Plan Upload
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? If yes, you must fill out this entire form - please contact DWR for more
information.
C Yes r No
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?
r^ Yes r No
If no, explain why:
This site is not located within a Riparian Buffer River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r- Yes r 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?
r Yes r No
3. Stormwater Requirements
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.*
r Stormwater Management r Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
The Applicant is seeking local and state stormwater approval concurrently with securing other development permits.
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?*
r^ Yes r 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)?*
r^ Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The site is not part of a phased project and has independent access and utilities.
4. Sewage Disposal (DWR Requirement)

4a. Is sewage disposal required by DWR forth is project?*
r Yes r Nor 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.
Municipal sewer disposal
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?
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r- Yes r No f Unknown
Se. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
Sh. Does this project involve the construction/installation of a wind turbine(s)?*
r- Yes r No
51. 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
This site is situated next to a major highway and is surrounded by development.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
This site does not abut a water course that would support EFH.
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?*
r^ Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
This site has been historically disturbed. There are not ebsting structures on the property.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r^ Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Brunswick County GIS Flood Hazard Map
Miscellaneous
Comments
Historical information: April 2008, the USACE issued a NOV to the owner's of the property, at that time. The NOV resulted from mechanized land clearing and subsequent filling of 0.90 -
acre of wetlands. The Clark Group prepared a restoration plan and to SEGi's knowledge the work was approved and completed. From SEGi's field evaluations, it appears the
restoration was successful. The restoration plan has been included as part of the JD Request Packet (see attached).
Miscellaneous attachments not previously requested.
Flood.pdf
Leland Commercial Parcel Map and Info.pdf
Signature
104.97KB
356.64KB

V By checking the box and signing below, I certify that:
• 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:
Dana A. Lutheran
Signature
Sign
Date
10/30/2018