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HomeMy WebLinkAboutSW7070332_HISTORICAL FILE_20070613STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW `�„( DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE�9j YYYYM M D D Michael 17. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Philip & Linda Dunn June 13, 2007 520 Half Moon Rd. New Bern, NC 28560 RE: StormwaterManagementPermitApplication #SW7070332 Dunn Mini Storage Craven County Dear Mr, and Mrs. Dunn: This letter is in regard to the stornwater permit application received by this office on March 28, 2007 for Dunn Mini Storage. Based on a preliminary review of the submitted application, some items require additional information prior to review completion and permit issuance. Please address the following: /I. Pond Details: Please provide additional pond details including elevations and an additional cross section showing the forebay weir. ,'�'2. Scale: Please correct the plan scales. � 3. Benchmark: Please locate the basin benchmark on the plans. 4. Wetlands note: Please include a note on the plans regarding the existence of wetlands. If none exist, please state that on the plans. r inor t cvrp . F. Please provide two sets of signed and sealed revised plan sheets, along with supporting documentation in addressing the above items. The requested information must be submitted to this office within thirty days; that is prior to July 13, 2007. If you need additional time to submit this information, please mail or fax your request for a time extension to this office at the letterhead address. Failure to do the above will result,in the return of your application as incomplete. Return of an incomplete application necessitates resubntittal of all required items including the application fee. Also, you should be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of ISA NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. Please reference the application number on all correspondence. If you have any questions, feel free to contact me at (252)948-3955. Respectfully, �c�-„�---•--- Treva L. Maxwell -Anderson Environmental Engineer Washington Regional Office c: Robert M. Chiles, P.E. Craven County Planning / Inspections Office ,/Washington Regional Office North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service. Internet: h2o.enr.state.ncas 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal OpponfunitylAnn alive Action Employer— 50% Recycledll0%Post Consumer Paper NonhCarolina Naturally r .. I L� u PART III, ITEM 1. DETAILED NARRATIVE mi ,Rn 2 8 2K I DUNN MINI STORAGE The site of the proposed self storage facility proposed by DUNN MINI STORAGE, is located on an existing parcel of land previously used as agricultural fields. More specifically, the project site is located on the between US Highway 55 bypass and Blueberry Ln near the Bridgeton Foodlion, The site contains approximately 2.95 acres and is in the Neuse River Basin. The proposed development will consist of a rental storage buildings with driveway/access around the perimeter of the buildings and a fence with a grassed perimeter., The proposed development will create a impervious surfaces of approximately 1.84 acres of buildings and pavement. The site is a single drainage basin with drainage from impervious surfaces collected using a system of catch basins and pipes connected to a wet detention pond as treatment for stormwater runoff. The pond outlets through decant structure with riser spillway connected with a pipe to a grass lined swale to the existing drainage at t e rear of the property. The stormwater Best Management Practices (BMP) proposed for the site includes a single wet detention pond. The wet detention pond is designed to retain the first inch of rainfall on the site and the excess rainfall will be discharged through a riser in the main bodi of the pond, and discharge into the outlet swale that connects with existing drainage. The wet detention pond is configured for a vegative shelf. We will allow the native aquatic plants to self propagate along the vegative shelf. The selection, planting density, and maintenance of any planted grasses, sedges and other plants will be according to the Owner's landscaping contractor. ge.ti-� Se.crinFj sAws. P, S d P�F^I 2A OF 4 c HEGEA QED MANAGEMENT PLAN MAR 2 9 2007 PROJECT DESCRIPTION ®WQ_WARO NARRATIVE The proposed development will consist of a rental storage buildings with driveway/access around the perimeter of the buildings and a fence with a grassed perimeter. The proposed development will create a impervious surfaces of approximately 1.84 acres of buildings and pavement. SITE DESCRIPTION The site is located in Craven County. More specifically, the project site is located on the between US Highway 55 bypass and Blueberry Ln. near the Bridgeton Foodlion, The site contains approximately 2.95 acres of grassed field and is in the Neuse River Basin. ADJACENT PROPERTY SOILS The site is bounded to the north by Blueberry Lane, to the south and east by NC HWY 55 Bypass, to the west by undeveloped property. The site is located on the north side of NC Highway 55 between New Bern and Bayboro. The site is a formerly cultivated field with a soil type, based upon the USDA SOIL SURVEY OF CRAVEN COUNTY, NORTH CAROLINA, of Murville (Mu), a mucky .loamy sand. A hand auger was used to check the soils on 13 March 07 and the auger revealed the following soils: DEPTH Description 0"-12" Black mucky loamy organic soils 12"-36" reddish brown sand 36"-48" Brown sand, non -cohesive, friable Using a 4' Auger, the water table was approximately 2' below surface of the site, approximately at elevation 4'. the permanent pool. The Permanent Pool surface area should remain static within 30 days of construction. STORMWATER BEST MANAGEMENT PRACTICES SYSTEM OVERVIEW A Wet pond with vegetated outlet is the BMP's proposed for this project. The site is graded to catch basins and stormwater runoff is piped to the pond forebay. The wet detention pond is located at the rear of the property. The pond is designed with an overflow that discharges rainfall over the first 1" to an outlet swale and then to existing drainage. MAINTENANCE CONSTRUCTION PHASE The Owner shall ensure that all erosion and sediment control measures are installed prior to the start of construction. Their proper operation shall be checked not less than once every week during construction, and following every runoff -producing rainfall. All deficiencies shall be repaired immediately and in accordance with the permitted Erosion and Sediment Control plan. The stormwater management system shall be constructed in its entirety, vegetated, and made operational for its intended use prior to paving the proposed parking lot. At least weekly during, and at the close of the construction phase of the project, the detention pond area and peak flow control structures shall be inspected, repaired as needed, cleaned of sediment and trash, and otherwise restored to the design grades. The inspections shall include the following: $ Check the embankments for erosion damage, (i.e., loss of vegetative cover, piping, sloughing, settlement) $ Check the overflow drains and their grates, and the pond discharge structure for proper function,damage and/or blockages. $ Check the areas for sedimentation, trash and other debris. $ Check all plantings for health and damage. Any damages discovered during an inspection shall be repaired immediately. Re-sod/replant bare areas as needed to maintain specified vegetative coverage. Repair all damaged plants if possible, and replace any plants that are dead or cannot be repaired. Regrading or repairing of the side slopes shall include re -sodding, trimming and/or mowing, as needed. All necessary repairs shall be performed prior to close-out of the construction phase. ROUTINE MAINTENANCE The Owner shall maintain a copy of the approved plans and specifications for a period equal to the life of the permit unless otherwise required by the permit. The Owner shall properly maintain and operate, or provide for the maintenance and operation of the approved stormwater management system at all times to assure the optimum working order, performance and efficiency of the system. If there is a failure of this system to perform satisfactorily, including the creation of nuisance conditions, the Owner shall take corrective actions immediately, including those as may be required by the Division of Water Quality, such as the construction of additional or replacement stormwater management system. The Owner shall maintain records of maintenance activities that shall be made available, upon request, to authorized personnel of the Division of Water Quality. These records shall indicate the date, activity, the name of the person performing the work and what actions were taken. Mowing MAINTENANCE (cont' d) The side -slopes, embankments, buffer areas, and other grassed areas shall be mowed as required to maintain a maximum height of six inches during the main growing season and at least two other times during the year to prevent woody growth and to control weeds. Inspections The Owner shall inspect the stormwater management system after every significant runoff -producing rainfall event and at least; Monthly for (but not limited to) the following: sediment accumulation; trash accumulation; embankment or side slopes stability, erosion, subsidence, cracking, bare areas; obstructions/clogging of the stormwater riser; Quarterly in addition to the monthly requirements: for invasive plant growth Semi-annually in addition to the quarterly requirements: to ensure the intended function is still provided; for areas that might require additional erosion control measures; for any modifications which have occurred to the contributing watershed that will increase the amount of runoff directed to the system. Inspections shall be carried out with "Approved" plans. Occasionally inspections shall be conducted during wet weather, or times of extreme weather to determine if the system is functioning properly. Deficiencies identified during inspections shall be corrected immediately. Erosion Control Corrective measures and repairs shall be done immediately to the project area and stormwater management system where settlement, sloughing, and/or erosion have occurred. Re -sod as necessary to maintain good vegetative cover. All repairs shall be done in accordance with the approved erosion and sediment control plan. Sediment Removal Sediment removal shall occur when accumulations affect system function and/or designed grades approximately 1' of sediment in the basin and forebay. Riser inspection and/or clean out shall be performed when runoff overtops the pond banks during a typical rain event. The Owner shall ensure that removed sediment is disposed of in an appropriate manner and that it is handled in a manner that will not adversely impact water quality (i.e., stockpiling near a wet detention basin, discharging into or near a stream, wetlands, etc.) and in accordance with all local, state, and federal regulations. Debris and Litter Removal Debris and litter removal from the detention pond shall be included as a part of the inspection process and periodic mowing operations. Particular attention shall be paid to areas around drainage structures where debris may cause clogging/obstructions. All trash and debris removed shall be disposed of according to local, state, and federal regulations. MAINTENANCE (cont=d) \ NON -ROUTINE MAINTENANCE: Emergency Draining/Maintenance. The Owner shall have a pump available that is capable of draining the detention pond in the event that the overflow riser becomes clogged or for other emergency situations . If the area must be drained in this manner, then the flushing of sediment through the outlet shall be minimized to the maximum extent practical. Structure Repairs and Replacement. The Owner shall replace all deteriorated inlet/outlet works when deterioration from use or age causes them to fail and/or function improperly. MAINTENANCE COST: The Owner shall be responsible for all costs associated with the maintenance (routine or otherwise) and operation of the stormwater wet detention basin system. COMPLIANCE CERTIFICATION: Upon completion of construction and prior to operation of this Stormwater Management System, the design Engineer shall submit to the Division of Water Quality a certification stating that the permitted facility has been installed in accordance with the approved plans, specifications, and any additional supporting documentation. STORMWATER MANAGEMENT PERMIT APPLICATION FORM (SWU - 101, VER 3.99) (SWU - 102 WET DETENTION BASIN SUPPLEMENT) MAR 2 9 2007 ®WQ-WARQ STORMWATER MANAGEMENT PLAN FOR DUNN MINISTORAGE Blueberry Lane Bridgeton, NC For PHILLIP & LINDA DUNN PREPARED BY ROBERT M. CHILES, P.E. Engineers & Consultants 417-A Broad Street P.O. Box 3496 New Bern, N.C. 28564-3496 23 March 2007 Job No.2005301 JUL 0 3 2007 WET DETENTION POND PLANTING PLAN DUNN MINISTORAGE SITE — BLUEBERRY LANE DWQ-V AR® STORMWATER BEST MANAGEMENT PRACTICES PLANTING SOIL Planting soil in the vegative shelf of the retention pond shall be one foot deep and located as indicated in the plans. The following specifications, adapted from the NCDENR Stormwater Best Management Practices Manual, shall apply to the planting soil. • The planting soil shall have clay content ranging from 10 to 25 % and shall have a sandy loam or loamy sand texture with at least 35 % sand. • The planting soil shall be of uniform composition, free of stones, stumps, roots, or similar objects larger than one inch, brush, or any other material or substance which may be harmful to plant growth, or a hindrance to planting or maintenance operations. • The planting soil shall be free of plants or plant parts of Bermuda grass, Quack grass, Johnson grass, Mugwort, Nutsedge, Poison Ivy, or Canadian Thistle. The planting soil shall be tested prior to installation and meet the following criteria: pH range: 5.5 - 6.5 Organic matter: 1.5 - 3.0% Magnesium (Mg): 35 Ibs/acre Phosphorus (P20s): 100 Ibs/acre Potassium (K20): 85 Ibs/acre Soluble salts: not to exceed 500 ppm Soil testing shall be performed at the following frequencies: Sieve analysis, pH and organic matter two samples magnesium phosphorus, potassium, and soluble salts one sample Placement of the planting soil shall be in a single lift of 12 inches or less and lightly compacted. Minimal compaction effort applied to the soil by tamping with a bucket from a backhoe or similar method is acceptable. Soils shall be inspected and sampled by the engineer prior to planting. WET DETENTION POND VEGETATION NCDENR recommends that indigenous wetland species be utilized to create a low maintenance vegative stabilization of the 12' vegative shelf extending into the wet detention basin. In the plan for the DUNN MINISTORAGE SITE BLUEBERRY LANE, we have specified three sedge species and one grass species from APPENDIX D, UPDATED DRAFT MANUAL OF STORMWATER BEST MANAGAGMENT PRACTICES, NCDENR DWQ July 2005. The sedge species will be planted at the waters edge and the prairie grass will be seeded on the slopes of the wet detention pond. The proposed sedge species include: 1: CAREX STRICTA (Upright Sedge/Tussock Sedge) 2: CAREX CRINITA (Long Hair Sedge) 3: CAREX LURIDA (Sallow Sedge) The proposed prairie grass species is : 1:UNIOLA LATIFOLA (Upland Sea Oats) A preliminary planting plan for these plants that is based upon the various recommendations contained in the NCDENR BMP manual, to include the proposed plant density, is depicted on the stormwater plans. The engineer shall coordinate the final planting plan with the landscaping contractor. TABLE OF CONTENTS APPLICATION FORM STORMWATER MANAGEMENT PERMIT APPLICATION FORM SWU-101, VERSION 3.99 SWU-102 WET POND SUPPLEMENT PART III. ITEM 1. DETAILED NARRATIVE, PAGE 2A OF 4 MANAGEMENTPLAN NARRATIVE PROJECT DESCRIPTION SITE DESCRIPTION ADJACENT PROPERTY SOILS STORMWATER BEST MANAGEMENT PRACTICES SYSTEM OVERVIEW CALCULATIONS — SHOWN ON SHEET 4 OF PLANS WET DETENTION POND SIZING SA/DA CALCULATIONS DRAWDOWN CALCULATIONS RISER CALCULATIONS MAINTENANCE CONSTRUCTION PHASE ROUTINE MAINTENANCE NON -ROUTINE MAINTENANCE MAINTENANCE COSTS DRAWINGS DUNN MINISTORAGE SITE Blueberry Lane (SEE SHEET NAMES) prepared by ROBERT M. CHILES, P.E. SHEET 1 EXISTING CONDITIONS SHEET 2 GRADING AND STORM DRAINAGE SHEET 3 EROSION CONTROL MEASURES SHEET4 STORMWATER DETAILS SHEET 5 EROSION CONTROL. SPECIFICATIONS SHEET 6 EROSION CONTROL SPECIFICATIONS SHEET 7 EROSION CONTROL SPECIFICATIONS SHEET 8 EROSION CONTROL SPECIFICATIONS ROBERT M. CHILES, P.E. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 TELEPHONE: 25 2.63 7.4 7 02 FAX: 252.637.3100 office@robertmchilespe.com TO: Mr. Roger Thorpe NC Division of Environment and Natural Resources Division of Water Quality Washington Square Mall VIA HAND DELIVERY WE TRANSMIT: FOR YOUR: THE FOLLOWING: [ X ] HEREWITH [ ] AS REQUESTED [XI APPROVAL [ ] DISTRIBUTION [ X ] USE [ X ] PRINTS [ ] COPY OF LETTER [ X ] SPECIFICATIONS LETTER OF TRANSMITTAL DATE: 28 March 2007 ATTN: JOB NO: 2007001 REF: SW7061101 N LA MAR 2 8 Z007 [ )UNDER SEPARATE COVER [ ] VIA [ ] INFORMATION [ ]RECORDS [ ]REVIEW AND COMMENTS [ ] MYLAR [ X ] PLANS [ X ] OTHER DESCRIPTION: Stormwater Management Plan for Dunn Ministorage Site, Blueberry Lane Craven County. REMARKS: The owner has decided how he wishes to develop the site, and we have attached a Stormwater plan. No development has occurred as of this application. SIGNED: Pete Chiles COPY TO: file Driving Directions from 943 Washington Square Mall, Washington, NC to 160 Blueberry Ln, Ne... Page 1 of 2 Start: 943 Washington Square Mall Washington, NC 27889-3532, US End: 160 Blueberry Ln New Bern, NC 28560-7125, US Notes: Directions Published on 05.30.07 $44'& up Air to top US cities $167 Bargain Vegas vacation 1 $649 All-incl. Mexico family beach trip=?_ -' $609 Prague. Vienna & Budapest vacation Under $200 June air to popular US cities Up to 68% off 7•nt Alaska cruise $103 & up,Wknd flights to Vegas "more Distance Total Est. Time: 46 minutes Total Est. Distance: 34.68 miles ® 1: Start out going WEST. 0.1 miles 2: Turn LEFT. <0.1 miles O3: Turn RIGHT. <0.1 miles TDVTM 17 4: Turn LEFT onto US-17 S. 17.1 miles TOUT„ 17 BYP 5: Turn SLIGHT LEFT onto US-17 BYP S. 3.5 miles 9 0VTM 17 6: Turn SLIGHT LEFT onto US-17 S / NC-43 S. Continue to follow US-17 S. 13.6 miles O7: Turn LEFT onto GALLOWAY RD. <0.1 miles ® 8: End at 160 Blueberry Ln New Bern, NC 28560-7125, US Total Est. Time: 46 minutes Total Est. Distance: 34.68 miles http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt&un=m& 1 ffi=1 &go=1... 5/31 /2007 Driving Directions from 943 Washington Square Mall, Washington, NC to 160 Blueberry Ln, Ne... Page 2 of 2 Start: End: 943 Washington Square Mall 160 Blueberry Ln Washington, NC 27889-3532, US New Bern, NC 28560-7125, US All rights reserved Use Subject to License/Coovrioht These directions are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt&un=m& 1 ffi=1 &go=1... 5/31 /2007 1. Ji r, L !I L L ROBERT M. CHILES, P.E- ENGINEERS. GONSULTA TS a .17 A BROAD ST. MAk'NE SURVEYORS r 0. BOA 34ig NEW SERN� NQRN CMOLINA 29564-MM ORiry8USINESS 2W ...... FAY, 252.637.31)0 icm FACSIMILE COVER SHEET To: NO.: FROM: NO, PAGES (including this page): email address: DATE: TIME: JA AM PM r3r?n irf r-r. RMC JOB No.: -zoos REMARKS: AL Pt,,, �,V-T MECKkNCAL CPA. AND MARBLE tN, NE CERING FORENSIC IFNGIMERIN0 AND rmtuAt ANAL,SC01TI NOUS'AL MAR:42, AND IA!LROAD raCIUTIES VES,C, MARINE N"D,Dawjjc AND tANDSURI,,Es 6G4JNDAAr SURVEYS ANDhW,F;NG SER,,C JUFi 7=1 FPe RCFEETP �J. t_ it -. F' :IO. ��7;iiiii F, U.S. ARMY CORPS OF ENGINEERS WILMTNGTON DISTRICT Action Id. 200610705 County Craven U S.G.S. Quad: New ern NOTIFICATION OF JURISDICTIONAL. DFTERM11NATION Property Owner/Agegt Pjvershore LLC Address: Past Office Box 12172 New Bern, North Carolina 28561 Telephone No.: (252) 637.3473 Property description Size (act") 2,64 Nearest Town Prideeton Nearest Waterway Unnamed Tributary River Basin Neu e USGS HUC 03020204 Lower Neuse Coordinates N 35.120833 W 77,009433 Location description A 2.84 acre parcel located between Blueberry Lane and N, C, HJ hwa • 55 im ediatel northwpst of the intersection between Highway 55 and the Galloway Road near an unnamed tributary ftwina to the 'Meuse River in the Town o03-ldeeton In Craven County, North Carolina. Indieate Which of the Following Anal: _ Based o a preliminary anformation, there maybe wetlands on the above described property. We strongly suggest you have This property inspecteu w ucwurwu urc cnwul vL ucpauutou, w lu. nILij way a�a�.,..+....., .,.....,.., - jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (.Reference 33 CFR Pan 331). Thera are Navigable Waters of the ignited States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Vt`ater Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are wetlands on the above described project area subject to the permit requirements of Scction 404 of the Clean Water Act (CWA)(33 USC § 1244). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. tUo orrnnn{,. cno over vnu hnve rho w'etlandc nn vour nroneriv delineated. Due to the size of your nrooert , and/or our present workload, the Corps may not be able to accomplisb this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps, The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should he reviewed and verified by the Corps. Once verified. this svi-vcy will provide an accurate depiction of all areas subject to CWA jurisdiction oo your proper which, provided there is no change in the la%v or our published regulations, may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulation*, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U-S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification, X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC; at (252) 808.2808 to determine their requirements. Page 1 of 2 Action Id. 100610205 Placement of dredged or fill material within waters of the US and/or wetlands without a Depatttnent of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program please contact Mr. ScottJones at t252) 975-2616 extensjon 27. Basis For Determination: Phis slte dads nat exhibit wetlan crite is as described in the 1987 Cams s Wetland Dellneatiqft Manual and is adjacent to an unnamed tributary of the Neuse River. Remarks: Cotes Regulatory Official: Date 01!06!2006 U Fxpiration Date 0006(2011 ON i Page 2 of 2 jU)i i'%-fi -;:1 - -- M FCiFERT ?;i _-:i l ES D. .IURISDICTIONAL DETERAY[NATION Revised 8/13!04 U.S. Army Corps of Engineers DISTRiCr OFFICE: CESAWRG•w FILE NUMBER: 200610205 PROJECT LOCATION INFORMATION: State: NC County: Craven Center coordinates of site (labrudeflongimde): 35.1 r_0839 i-77,009433'' Approximate size of area (parcel) reviewed, including uplands: 2.64 apres, Name of nearest Waterway: Unnamed Tributay Name of watershed: Lower Noose JURISDICTIONAL DETERMINATION Completed; Desktop deterntinarion Date: Site visit(s) Date(;): I V06/2005 Jurisdictional Determination (JD): ' ® Preliminary JD - Based on available information, [_] there appear to be (or) ❑ there appear it, be no, -Waters of the united States" and/or "navigable waters orthe Unhcd States" on the project site. A preliminary M is not appealable (Reference 33 CFR pan 331). Approved JD - An approved JD is an appealable action (Referenoe 23 CFR part 331). Check all that apply: Q There are "na,rilablo waters of the United Steles" (as defined by 33 CFR part 329 and associated guidanca) Within the Teliewcd area. Approximate size of jurisdictional area: Qa There, are "waters of the United Steles" (as defined by 33 CFR pDA 328 artd associated Evidence) withir, the reviewed area Approximate size of jurisdictional area: There are "isolated, n9n-navigable, intra-stare waters or w'edands" within the reviewed area. 0 Decision supported by SWANCC;Migracory Bird Rule Information Sheet for Determination of No -Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION! A. Waters defined under 33 CFR part 329 as "navigable waters of. the United States": ® The presence of waters that are subject to the ebb and 110a of the tide and/or arc Press lly used, or have been used m the past, or may be susceptible for rue is transport i-tecstatc ur foreign ColRmerce. B. Waters defined under 33 CFR part 328.3(s) as "waters of the United States": (1) The presence of waters, which are currently used, or Were used in the past, or may be susceptible to u<e in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. (2) The presence of interstate craters including interface wetlands'. (3) The presence of other waters such as intrastate lakes, rivers, stream, (including intermitrent streams), mudnats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of Which could affect interstate commerce including any such Waters (check all that apply): ❑ (i) which are or could be used by interstate or foreign trawlers for recreational or other purposes. ❑ (ii) from which fish or shellfish arc or could be taken and sold in interstate or foreign eommarce. ❑ (iii) which are or could be used for industrial purposes by industries in interstate corvm crcq. (4) Impoundments of waters otherwise defined as wavers of the US. (5) The presence of a tributary to a water identified in (1) - (4) abode. (6) The presence often itorlai seas, 0) The presence of wetlands adjacent' to other Waters of the US, except for those wetlands adjacent to other wetland;. '-^''�_•- ° :°.•+:. ::; .: .;::;cup, :i vii er uuxaiiun (applies to any bores checked above). !J-th¢Jurisdictional -,arcr yr u edond IS not itselfa nasgable water ofthe United States, describe connecrinn(.v) in ts.+d_ A4�r o-..,. »..,,..:,._u,. l: n;,. liY\Y.Ir us,r � Alin Al !•,�r�,l.�l.^n -_.. ......... .. ........ ^'± - -. -- -- = <m:o: •a'.7aabi(il} aild/or inicnimc commerce cannecnon (i.¢, G:.rtksr site conditions, including why the warerbody is navigable mdter how Ike declrue(ion of the wa1erb0d3' could affeel interstate or foreign commerce). If BR, 4. 5 or 6) it used ds the Basis afJurisdiction, document the ratinnale used ro make the determination. jfB(i) is used as the Basic of r= r-e! -ry v'niiiifii irrif ruii0nuic used in mai£aiiinrnnmll1. iolcrm�.�n..•. 'rF:n :..., 4.,..-- .1 L.. . .. Inc lye I "rps wetland Del inealion Manual and is adjacent to an unnamed tributary of the Neuse River :�:.77 7Q .-. _. Lateral Ex teat orJarlsdlction: lFrrrrrnr< to CFu . t,o ._, ® Ordinary High Water Mark indicated by: ns { High Tide Line indicated by: ❑ ❑ clear, natural line impressed on the bank [he ❑ oil or scum line along shore objects ❑ presence of liner and debris in ❑ fine shell or debns deposits (foreshore) ❑ changes the character of coil destruction physical matkings'tharacteristies ❑ of terteetrial vegetation tidal gages ❑ shelving orhet,, ❑ ether: ® Mean High Water Mark indicated by: i aun'ev to svailvhte Anr,:o • rl ..,: ..._ _:...e,.,,,a,, u rcgctmiun iines•changcs in vege.a!ion types. ® Wetland boundaries, as shown on the anached wetland delineation map and/or in a delineation report prepared by: Hasls For Not Assertiog Jurisdiction: The reviewed area consists entirely of uplands. Unable 10 confirm the presence of waters to 33 CFR pan 328(a)(1, 2, or 4-7). Headquarters declined to approve jurisdiction on the basis of 33 GFR part 328 3(a)(3). QThe Corps has trade a case -specific Mermiination that the following waters present on the site arc not Waters critic United States. Waste featment systemons, s, including treatment ponds or lagopursuant to 33 CFR part 125.3. ❑ Artificially irrigated areas, which would revert to upland if the irrigation ceased. ❑ Altifitial lakes and ponds created by Excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, nr rice growing. ❑ Artificial reflecting or swimming pools or orhet small ornamental bodies of water created 1, _......_.,-- - \.r ".."N. a,,s .u,iu ui diking dry ian,i to retain water for primarily aesthetic reasons. ❑ Water -filled depressions treated in dry land incidental to construction activity and pits excavated in dry land for the purpose otobtaining fill, sand, or gravtl unless and until the construction or excavation operation is abandoned and the tesulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ❑ Isolated, intrastate wetland with no nexus to interstate commerce. ❑ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ❑ Non -tidal drainage or irrigation ditches excavated on dry jand, Explain rationale: ❑ Other (explain); DATA REVIEWED FOR JURS)DICT]ONAL DETERMINATION (mark all that apply): R4aps, plans, 1510t5 or plat submitted by or on behalf of the applicant. Data sheets prepared/submitted by or on behalf of the applicant. =.:rc �"•-• •••� •..:„,��.,,,u :epun, uaned vz:_ir2tius, prepared by (company): Land Management Group ❑ This office does not concur with The delineation repaft, dated , prepared by (company): Date sheets prepared by the Corps. Corps' navigable waters* studies: U.S. Geological Survey Hydrologic Atlas: U.S. Geological Survey 7.5 Minute Topographic reaps: New Bcm U.S. Geological Survey 7,5 NIM-Ae Historic quadrangles: U.S. Geological Survey 15 Minute Historic quadrangles: USDA Natural Resources Conservation Service Soil Survey: Craven National wcflands inventory maps: Statc/Local wetland inventory maps: FEMA/FIRM maps (Map Name & Dare): IM-yearFloodplainElevation is: (NGVD) Aerial Photographs (.Name & Date): CESAW Other photographs (Date) Advanced ldend fiLalivn Wetland maps: Site visitidetermination conducted on: 12/06/2005 Applicable supporting case law: Other information (please specify)! VCtland aare identified and delircated using the mcthads and criteria established in the Corp/ U'ct6nd 0.-lincaden Manual (E7 \fanua!l (i.e., occurrence of Fyd.vph>tic rcgelation, hydnc soils and w¢tlantl hydrology), 'Ihc Icrm "adjacent" means bordering, con[i¢uous. or nei¢hhnd�o u�.d.,,a, ...,._..., �_._ _.,.. . . r•lh M"w\e Mn._1 ., ......-, ------ "A.. ,n., aru,..aC ae Also ad.J. aCCpL - ._..�.• vvy.ne\• ,, u,,, u„ILI N'lllr\ nr 11101 \ ,\u w.aAJ:, ne Nfl: -li^ F?:lF'Gi F:OE'EE? !1 _.77 , - F_r ?i iiiir1Ab. =3 ��plleant: Krvershore LLC Attached is: INITIAL PROFFERED PERM ermission PROFFERED PERMIT' (Stand PERMIT DENIAL _ APPROVED JURISDICTION, PRELIMINARI' RMSDICTh --_ A: INIT1,41, File Number: Permit or Letter errnit or Letter of A Date: 01 /06 See Section may accept or object to the permit- 0 IN E • ACCEPT-' If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization, If You received a Letter of Permission (LOP), you may accept the LOP and your work is audtor zed. Four signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights; to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You 111USt complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future_ upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of Your objections; or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: if you received a Standard Perrin, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your Signature on the Standard Permit or acceptance of the LOp means that you accept the permit in its entirety, and waive all rights to appeal the pemtit, including its terms and condition5, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this forest and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corpso f Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This fort must be received by the division engineer within 60 days of the date of this notice. -z:l _ 31 F'l:i Y BEFi ,l f9ii w '. _, p,i, u: Arrreuv> u J UKISLJ1C11VNAL DET.ERA4INATiON: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not peed to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved Y D in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL 1DFTERMIR'ATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Aiso you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITJONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps meirtorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or aoalyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. If you have questions regarding this decision and or the appeal process you may contact: Ifyou only have questions regarding the appeal process you may also contact: Mr. Scott Jones, Project Manager Mr. Michael F. Bell, AdnilpiStrative Appeal Review Officer CESAW-RG-W CESAD-ET-CO-R Post Office Box 1000 Washington, North Carolina 27889 U.S. Amly Corps of Engineers, South Atlantic Division 60 Forsyth. Street, Room 9M15 RIGHT OF ENTRY: Your signature below grantE the right of entry to Corps of Engineers personnel, and any govemmont consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a IS day notice of any site investigation, and will have the opportunity to participate in all site Date: Telephone number: of DIVISION ENGINEER: Commander U-S. Army ,Eaglneer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303.3490 Web Soil Survey Page I of 1 http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 6/14/2007