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HomeMy WebLinkAbout85413D - BryanI-VNew $JCAMA [DREDGE & FILL N° 85413 A B CM GENERAL PERMIT Date Previous permit Date previous permit issued ❑ Modification [_] Complete Reissue [_]Partial Reissue 4 1 i •zcLZ As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC H .. �i - - Rules attached. General Permit Rules available at the following link: www.deq.nc.yov/CAMArules Applicant Name ,,Cl� V,.- Address u�f -J % t V tnyk7 'fCCA City fJ��,ltl.M� tQ _ State ZIP Phone # (_ ) Authorized Agent :)Mj \tn Project Location (County): —t-- Street Address/State Road/Lot #(s) Email _ Subdivision City LIL _ ZIP Affected U CW EW 11 PTA [XES MPTS Adj. Wtr. Body _ f, \' \ __(ndt)man/unk) AEC(s): [-1OEA IHA ❑ UW SPIMA PWS Closest Maj. Wtr. Body ORW�P, no PNAGI�no Type of Project/ Activity InSt+yC 4_ )'1 E W 6� 112C [ n (Scale:k� ) Shoreline Length -'Lt- -ZL , `���� C•iOne- � Pier (doc length Fixed PIaHo (s) Floating Platform Finger pier(s) Total Platform area Groin length/q ulkhead/ iprap length_ Avg distance offshore C Breakwater/Sill ax dr istaan'cl�/ length (� Basin, cha el Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other r X r Af-AV1r!lRAAOltC-i, SAV observed: yes Moratorium: n/a yes Site Photos: ,�yes� Riparian Waiver Attached: cry G.-+ R A building permit/zoning permit A no ,,e V-1 I .7 of • w� .�� L i 'Qe�r (tA tier W �lll • .5 2A be required by: ki-3 e* -F,,t s1't t � TAR/PAM/NEUSE/BUFFER (circle one) t -_ ❑ See note on back regarding River Basin rules r -- See additional notes/conditions on back M AWARE F STAT TES, CRC RULES A D CONDITI NS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEM NT. (PleaseTnitial) i of ✓l ✓�� I�Cz �1�}v. t c ent or Applicant PRINT a Permit 01TED e Qigna—JurePl ease read compliance statement onN4 oflpermit- Signat re L-2 Application Feels) Check H/Money Order Issuing Date I Expira 'on Date 01`04"4`% WCAMA ['DREDGE & FILL Na 85413 A B C(1) �O y GENERAL PERMIT = 9Previous permit Date previous permit issued VNew ❑ Modification ❑ Complete Reissue ❑ Partial Reissue As authorized bytheState of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: 15A NCAC !/2 6 . l ICIC ❑ Rules attached. ❑ General Permit Rules available at the following link: www.dgq.nc.gov/CAMArules Phone # ( ) Email Subdivision City LA ZIP '2-23 q�n Affected ❑ CW ❑ EW ❑ PTA [XES XPTS Adj. Wtr. Body -yamI(Z i nan/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body 1 W ORWXpno PNA es no Type of Project/ Activity J-✓�St�SC SL Y1 BUJ 1 M �c� (Scale:}' ) Shoreline Length "4-" qL Pier (doc length Fixed Platfo (s) Floating Platform Finger pier(s) Total Platform area Groin length/# ulkhead/ iprap length L Avg distance offshore (6 f Breakwater/Sill ax distan / length Basin, cha el Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other ' -A SAV observed: yes Moratorium: n/a yes Site Photos: yes Riparian Waiver Attached: �7� L-fi 9� A building permit zoning permit u AWARE OF no be required by: - I' `'A a CRC RULES AND TO THIS PROJECT AND REVIEWED 0gna nt or Applicant PRINTED Name ure **Please read compliance statement on back of permit** Application Fee(s) Check #/Money Order .e- IV-4' ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back al) Permit Offi ' TED e Z SignatWre t Issuirfg Date I Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: 1-1 Tar - Pamlico River Basin Buffer Rules 1-1 Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 �oCOAS T4, F�CAMA ❑ DREDGE & FILL N9 85413 A B C GENERAL PERMIT Previous permit y Date previous permit issued New ❑ Modification ❑ Complete Reissue ❑ Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deq.nc.gov/CAMArules Applicant Name _ Address City Phone # (_ ) Email Subdivision City i>x-.. ZIP Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Adj. Wtr. Body (nat/man/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body �. ORW: yes/no PNA: yes/no Type of Project/ Activity "IN `1 Shoreline Length Access Length _ Pier (dock), length Fixed Platform(s) Total Platform area Groin length/# Bulkhead/ Riprap length Avg distance offshore Breakwater/Sill Max distance/ length Basin, channel Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other _"Ir) k z—c) ';' Y" h � State l ( SAV observed: yes no Moratorium: n/a yes no Site Photos: yes no Riparian Waiver Attached: yes no A building permit/zoning permit may be required by: Permit Conditions- Authorized Agent Project Location (County): ZIP Street Address/State Road/Lot #(s) (Scale: [:] TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) Agent or Applicant PRINTED Name Signature "Please read compliance statement on back of permit" Application Fee(s) Check #/Money Order Permit Officer's PRINTED me Signature 1 Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: F-1 Tar - Pamlico River Basin Buffer Rules 1-1 Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover and Pender Counties) http://porta1.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Walter M Bryan Mailing Address: 300 Williams Road Wilmington NC 28409 Phone Number: (910) 308 - 2982 Email Address: Wmackbryan007@gmaii.com I certify that I have authorized Southern NC Marine , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 90' Bulkhead as shown in CAMA Drawing at my property located at 300 Williams Road Wilmington NC 28409 in New Hanover County. 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Walter M Bryan Print or Type Name Owner Title Date This certification is valid through 12 / 31 / 2022 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Address of Property: Mailing Address of Owner: Walter M Bryan 300 Williams Road Wilmington NC 28409 Owner's email:Wmackbryan007@gmail.com Owner's Phone#: (910) 308 - 2982 Agent's Name: Southern NC Marine Agent Phone#: (910) 512 - 7647 Agent's Email: SouthernNCmarine a-gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater.; -boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If.you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback IJ v Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Virgil E Bean Mailing Address of ARPO: 259 Williams Road Wilmington NC 28409 ARPO's email: VCARPO's Phone#: (910) 228 - 2525 Date: c. ,k *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 N.C. DIVISION OF COASTAL. MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Address of Property: Mailing Address of Owner: Walter M Bryan 300 Williams Road Wilmington NC 28409 Owner's email:Wmackbryan007@gmail.com Owner's Phone#: (910) 308 - 2982 Agent's Name: Southern NC Marine Agent Phone#: (910) 512 - 7647 Agent's Email: Southern NCmarine@,gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying forthis permit has described to me, as shown on the attached drawing, the development they are proposing. A descriDtion or drawina. with dimensions. must be Drovided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I.understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift,. groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback -_ a, y ' Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner. Typed/Printed name of ARPO: Mailing Address of ARPO: Eunice Horne 292 Williams Road Wilmington NC 28409 ARPO's email: 14k0Cne-T T1t )) 1-A6W ARPO's Phone#: y%© � .�8���' '�—(ravr Date: 17,,,Z Od-a *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2007-04181 County: New Hanover U.S.G.S. Quad: NC- Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Walter Bryan Agent: Southern Environmental Group Inc 123 Williams Road David Scibetta Wilmington, NC 28412 5315 S College Road Suite E Wilmington, NC 28412 Size (acres) 0.35 Nearest Town Wilmington Nearest Waterway Masonboro Sound River Basin Onslow Bay USGS HUC 03030001 Coordinates Latitude: 34.10148 Longitude:-77.87961 Location description: Property is located at the end of Williams Road at 300 Williams Road Wilmington, New Hanover County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/27/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (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. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once 11 SAW-2007-04181 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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 no waters of the U.S., to include wetlands, present on the above described project area/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. ❑ 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. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or Rachel.A.Caaito6a usace.armv.mil. C. Basis For Determination: Basis For Determination: Seethe preliminary iurisdictional determination form dated 11/23/2020. I). Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** CAPITO.RACHELANN. a91o11,:9-dby Corps Regulatory Official: �Ro0�1�NN.,42 zSW 1536276790 Date 720.112I1IJR-0va Date of JD: 11/23/2020 Expiration Date of JD: Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Walter Bryan File Number: SAW-2007-04181 Date: I t/23/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A EJ PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug lato[yPropramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • 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 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 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 must 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 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 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 permit, including its terms and conditions, 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 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. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II 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. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need 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 JD 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 II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminaryJD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION I1- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 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.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum 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 analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date. Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND WFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/23/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Walter Bryan, 123 Williams Road, Wilmington, NC 28412 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 300 Williams Road, SAW- 2007-04181 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Property is located at the end of Williams Road at 300 Williams Road Wilmington, New Hanover County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: New Hanover City: Wilmington Center coordinates of site (lat/long in degree decimal format): Latitude: 34.10148 Longitude:-77.87961 Universal Transverse Mercator: Name of nearest waterbody: Masonboro Sound E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 11/24/2020 El Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Wetland/High 34.10151 -77.87900 Wetland/Non- Section 10/404 Water wetland waters 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: NMaps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: NData sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: El U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ®U.S. Geological Survey map(s). Cite scale & quad name: 1:24K. Carolina Beach ®Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey New Hanover County ❑National wetlands inventory map(s). Cite name: ❑State/local wetland inventory map(s): ❑FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date): 2016 NC OneMap Orthoimagery or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by CAPITO.PACHEL. CAPITO.RACHELANN.1536276 790 ANN.1536276790 Dee: 2020.11.24 14:41:36 -05W Signature and date of Regulatory staff member completing PJD 11 /23/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t I Districts may establish timefi-ames for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was completed by Headwater Environmental, Inc. (Headwater) on December 7, 2021. The wetland locations were recorded with the Trimble Geo7x GPS device. Headwater completed a site visit with Mr. Bryan Headwater Hall of the Division of Coastal Management and Mr. Brad Shaver with USACE on March 8, 2022. ENV] RCNM ENTAL i N C. Private FIGURE 7 WETLAND DELINEATION MAP Williams Road Site Williams Road Wilmington, New Hanover County North Carolina Headwater Project # 202157 SOURCE Site Reconnaissance � December 7, 2021 NC One Map * Latest Orthoimagery, New Hanover County Parcels, NC Streets 1:720 • Date: 2/18/2021 DP-2 r DP-1 rcw • Prepared by: NJC LEGEND 0 Site boundary New Hanover county parcels Wetland (coastal) Mean high water (MHW) V1lilliams d • Data point Open water Aquatic Resource Table Wetland: 0.01-acre Open Water (ICW): 0.04-acre Note: Inundation occurs on eastern portion of the site during storm events. Surrounding development impedes drainage. Feet 0 25 50 100 r! �.: Connect Existing -- _ dock to new z'r Y Bulkhead +/- 20' { 300 • ..+- 4 +/- 90' Bulkhead ., 40' Front / 50' North Side 24, hf *1 Re i J f NOTES: - Wall constructed with sloppy V 2x8 2.5cc treated - Apx 24-30" in height at max poir Dab Recetvad Date Deppshud Check From Name Noma&Pwmk Nolder Wndor Check numbw Check amount Pwmlt NumbeNCammenta Rec*Pt or Re/undnteallecated Columns Culumn2 Cnlumn3 ColumM ColumnS Columns Cohmh7 Columns Columns 3/31/2022 AMW Docks & Marine Construction Dennis Hurley Truist 3/31/2022 Maritime Coastal Construction LLC Sipe CresCom Bank 3/31/2022 Timothy Howard same Wells Fargo_ 3/31/2022 John McClure same United Bank 3131/2022 Sea Dog Marine Construction Busker First Bank _ _ _ 3/31/2022t H5 Contruction Services, LLC Edwards Truist _—_ _ 3/31/2022 J Gregor / Holden Doug Ted United Bank 3/31/2022' Charles Duckworth MoneyOrder Harris Wells Fargo - 3/31/2022 Jason Hegge- __ RCDC Holdin sue, LLC_ Truist_ _ — _ _--_ 3/31/2022 Grice Construction _ _ EmoryTruist _ _ 3/31/2022 Grice Construction_ _ Upton Truist -- _ 3/31/2022 Southern NC Marine LLC ___Bryan_ First Bank 3/31/2022 South Cape Maritime, LLC Winston Wells Fargo_____ 3/31/2022 Delta Dock & Boat Lift Yelverton First Citizens Bank 3/31/2022 Southern NC Marine LLC Hanby First Bank 3/31/2022 H Edward Wright _ same State Employees CU _ _ _ - - - 3/31/2022 Geo�Koch_________ same Bank of America 3/31/2022 H5 Construction 1 of 2 Wallace Truist 3/31/2022 H5 Construction 2 of 2 Wallace Truist 7176 $ 200.00 GP #660131) BB rat. 16927 3462 $ 200.00 GP #860661) BB rct. 16922 5301 1060 1694 $ 200.00 GP #65710D GP #65713D GP #85705D BB rat. 16929 $ 200.00 BB rct. 16930 $ 200.00 BB rat. 16931 1011 $ 200.00 _ _ GP #85721 D tmac rct. 16283 5549 200.00 GP #85719D Tmac rct. 16287 19-018495: _$ $ 200.00 GP #857091) BB net. 16932 1004 $ 200.00 GP #85511 D BB rct. 16935 11048 $ 200.00 11049 $ 200.00 1667 $ 400.00 GP #85711 D BB rct. 18934 GP #857121) BB rat. 16933 _ GP #85413D BH rct. 17551 1384 $ 200.00 GP #857171) KE rat. 16960 9289 1508 $ 200.00 GP #86090D $ 200.00 GP #86089D $ 200.00 GP #85541D —_ _ - — $ 200.00 GP #85542D $- 200.00 GP #85720D JD rct. 16317 JD rct. 16316 4327 1570 1018 PA rct. 16136 PA rct. 16137 Tmac rct. 16286 Tmac rct. 16282 1012 __- $ 400.00 GP #85720D