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HomeMy WebLinkAbout89178A - Clark, RichardD e It FILL M> 89178 Q& B C ID GENERAL PERMIT Date WeRm Pmnit Issued VINNew ❑Modification []Complete Reissue ❑Partial Reissue As wthortted by the$$toe of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursue, to: I SA NCAC f -14' � _0( 1 _ ❑ Rules attached. ® General Pmnh Rules available at the following Gnk ww.vder. rrr /CaMe�d� Applicant Na/me �ittixn y-e4 j Ctt`ri;r'� �y. Authorized �a f Addresss (- 5 Eimh"-,r4 r Aw. Project Location (Coumyk_fit s�,e"!j k Cny C * #e- M state.,.... V A ZIP Streetea AdddnlSSt�tate Road/Lot #(s) Phone # (' 1) b j'7 — 38'aS j 9t,-1 t)Q, c� inrj { r it ( Email- Y^\Ci.0.1�2.1Cln.r-11'� �.' AYSt0.ti COMA Subdivision " - --.- city ayaabaA.'" C zP 2'140� Affected OW ❑EW ®PIA ❑ES (Zprs Ad). Wb: Body— 0eLINC.j AEC(s): ❑OEA El "'A ❑UW ❑$PIMA ❑PWS Closest raj. Win Body i,d6a ORW:yeso PNA:ye$/(s8 Type of Project/ Activity OKR r"4 ick ,$rV�6t site Wf (2'It "Le nlc rl`CrN'a bu� Z r „ f le IX,, ,� (scale: i'=Su' Shoreline Len Access Length Pier (dock) length ! :--; ' Fixed Platforms) x(e' Floating Platforms) A Idl Finger pier(s) '� i '� r-i--� 1 ' '4- Total Platform area Groin lengthla 11 Lam_ t._t r ,s Bulkhead/Riprap length - Avgdistanceaifshore i 1 i i i , i '"-I-T iti--y--1-)J-+i . -t_ r i.__i •J_ Breakwater/Sill Max distance/ length r-i'='-i '--{-- I i— -� .!-- i- Basin, channel �"''`-"- f,,, ' ' e - ` y- .L_pet Culalcyards Boatnm p Boathouse/Boatl'iR death Bui�lndozing '- _.i �•i.•i"'.+"e { •_�'_i,/ls'WB+e-r'-1' , 1 •.�J. _r��! f t r Other rl i l 1�� t_J_-�,- t _ SAV observed: yes Moratorium Site Photos: no ,- 1__i�-.--_ r+s_1�^ x_+.J t e 1 I 1 Riparian WalverAttached: yes I. e I e I+, i I 7 i ! 11 A building permit/tonirrg permit may he required dry: 15�$Qta.rt COLwAfasle+'('it cli Permit Conditions ❑ TAIVPAMdNEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/condRions on back I AM AWARE OF SIAMMES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROiECTAND REVIEWED OOMPUANCE STATEMENT. (Please initial) Agent or Appycall.LPRIIgTEO itPermit s NTEO Name Signature•6PkV/xsg`lmCFa/dicionip-Iia-n'cei(,wariedon back of PermSM' nature $�fo , ea (00Ti 7/21/25 tt /2212 Application Feels) Check x%rrfoney Order Issuing Date Expiration Date 11+0O A'NtKCAMA [IDREDGE & FILL ,11 GENERAL PERMIT N9 89178 Q) B C D Previous permit Date previous permit issued DgNew ❑ Modification [-]Complete Reissue ❑ Partial Reissue As authorized by the State of of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: P( I SA NCAC 1 • � i2.00 []Rules attached. ® General Permit Rules available at the following link: www.deq.nagov/CAMArules Applicant Na/me V_ iC,V\tl r a( UZXC ►_ c�r_ Address (00; Avg. City LNVS4 ee Cdtl State T to zip 233.2t Phone #(RS7) Iol7 3$`6s Email Y"\Q,�10.(�QhC�4✓1C � C�;yN,<ls,, Ccr1M Authorized Agent r r Project Location (County): j tNTj, t . )T" I[ Street Address/State Road/Lot #(s) (qC, (7ogt.�c��� Tr(. Subdivision City 2'1901 Affected ❑ CW ❑ EW X PTA ❑ ES N PTS Adj. Wtr. Body L njy%VLLl p (nat/ma un AEC(s): ❑OEA ❑IHA ❑UW ❑SPIMA ❑PWS Closest Maj. Win Body t"A'f i.0 �am Yef ORW: yes4o PNA: yes/6 Type of Project/ Activity 1. 1" �/ 2 _ t.f (Scale:10=61Dr ) Shoreline Length Access Length I Pier (dock) length S r X 3 Fixed Platform(s) i2 r )'(a r d' Floating Platform(s) _ A4 ,p �\�S (L Yb It~ Finger pier(s) — 3 t/� Q�s++' p t s \� �p�w q, x3 Q Total Platform area % 2, 5¢h= �(X Groin lengthip r G Bulkhead/ Riprap length Avg distance offshore _ Breakwater/Sill �6 Max distance/length Basin, channel y Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing V a Other uC p.��ticS 4Cs SAV observed: yes APC Moratorium: On no Site Photos: no 1\Yi.T� Eyre r, Ri arian Waiver Attached es d - / WxG, 'Cf r� N P Y A building permit/zoning permit may be required by: tt\.Sri w4\c-t�y- Cofer i'j / 17—(flp. rx lt� Permit Conditions ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules I AM AWARE OF STATUTES. CRC Agent or Applicant PRINTED Name ❑ See additional notes/conditions on back (Please Initial) Permit Signature .*Please read compliance statement on back of permit*' t/OG 1 oa Application Feels) Check#/Money Order Signature '7Gz1i1y It W /ay Issuing Date Expiration Date ,I-UdNew 0 CWTA, ❑CAMA ❑ DREDGE & FILL No 89178 A B C D Previous permit GENERAL PERMIT Date previous permit issued [7]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: wwwdeq.nc.gov/CAMAruIes Applicant Name _ Address City Phone # ( ) Email Project Location (County): State ZIP Street Address/State Road/Lot #(s) Subdivision City Affected ❑ cw ❑ E W ❑ PTA ❑ ES ❑ PTS Adj. Wtr. Body (nat(man/unk) AEC(s): ❑IDEA ❑IHA ❑UW ❑SPIMA ❑PWS Closest Maj. Wtr. Body ORW: yes/no PNA: yes/no Type of Project/ Activity (Scale: ) Chnrnlina I ennih Access Length Pier (dock) length maim 0 ■::® :: L� ■M:NE ■■■■ Floating Platfornals) Finger pier(s) yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other .... ZZ ■ir "" "s3:C3& Filjliffi■ fiME r■ ::::�:� ::::: : ®:;OEM NEON 11 Omni SAV observed: yes no Moratorium: n/a yes no Site Photos: yes no ■■Cubic . ■ PR■■U ■ i.. �.■� .NE .■■■.! ■■ MEM ■■9 !Ei'illy■ii■!lllll■®0■�tsii�■■■! ■ ■■ThaarlariVaiverAftadmcl­v��, =Mmmm= WAN ME A building permit/zoning permit maybe required by: ( Permit Conditions - ❑ TARJPAM/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. Agent or Applicant PRINTED Name Permit Officer's PRINTED Name / (Please Initial) Signature "Please read compliance statement on back of permit'• Application Feels) Signature Check #/Money Order Issuing Date Expiration Date ,7�vt4c (21 ftg2 ., " o , ILO RECEIPT M1 ..CERTIFIED , nly .n Ln o Eli Q jtyr NC 27 $ertified Mall Fee $4 40ca C r-i ru ra rvoes& eaSWp ka ,,eca ❑neWrn R.I t(h d.,A $ 0 ❑Return Re..lpt(a.e nq $ 1 I ice) POBM ❑CeOM MO ReSh MNiNery $ Here N N❑ mun$Ignelure MNUI M S O •� LnQAault SlgneWre qulrictep DelNuyE N 2 Postage 8i1.ti8 - -=' n titi 0 ra 06�1 24 TO Pdrie and Fees f� . a $>7 tr sagrraC144FUGS AND DQKIS y� D--------'------'---•--' op SimeisriC%Ipi.No.;"orPS"B"uMO---------------`/iR In -- ._LONCsr�011iTj6kNc it Cih: Stele. z1f,t......................................................:............... S�ill ytdv de I.i ve-red 3 @ qt z '� cy,., USPScom® - USPS Tracking® Results https: //tool s. usps. coin/go/TrackConfinnA cti on_input?ori gTrackNu... ALERT. FLOODING AND SEVERE WEATHER IN THE SOUTHERN AND CENTRAL U.S. MAY IM... USPS Tracking® Tracking Number: 9589071052702183056710 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs > Remove X Your item was picked up at the post office at 3:35 pm on June 14, 2024 in ELIZABETH CITY, NO 414 rD CD n U Ul Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Individual Picked Up at Post Office ELIZABETH CITY, NO 27909 June 14, 2024, 3:35 pm • Notice Left (No Authorized Recipient Available) ELIZABETH CITY, NO 27909 June 13, 2024, 11:01 am • Departed Post Office ELIZABETH CITY, NO 27909 June 12, 2024, 4:01 pm • USPS in possession of item ELIZABETH CITY, NO 27909 June 12, 2024, 1:46 pm • Hide Tracking History 1 of 2 7/18/2024, 10:57 AM N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MINOR PERMIT) CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED RECEIVE[ DEC 1 1 2023 DCM-EC To Whom It May Concern: l/hJ of Date This correspondence is to notify you as a riparian property owner that I am applying for a CAMA Minor permit to CoiJSteucT Neq i tmie-t 13;DitT "Pr hrib PfE-21Poe4 on my property at 1Ciq V0fiV4006 I-Ml1-, 6Q!Z4@ET?t C!'iy, /plc V7 q Oil in WSAV OIANIL County, which is adjacent to your property. A copy of the application and project drawing is attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible. If no comments are received within 10 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to: (LOCAL PERMIT OFFICER, NAME OF LOCAL GOVERNMENT, MAILING ADDRESS CITY, STATE, ZIP CODE) If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or contact (LOCAL PERMIT OFFICER) at (PHONE NUMBER), or by email at: (LPO EMAIL). Sincerely, `20w v ciol a y- Property Owner's Name Address City '1I5r2--6Jr;LS064� Telephone Number State _> I have no objection to the project described in this correspondence. 1 have objection(s) to the project described in this correspondence. Adjacent Riparian Signature O Ri S "11- IPJ) Print or Type Name S 10 1, 3 % / Date Z a� 33le- -rYA7 Telephone Number Zip Address City State Zip Revised July 2021 RECEIVED DEC 1 1 2023 DCM-EC IMOA 91 IN b1 Is] [a13da7_F�r-111111i 7\:T:<<3 'lA:yl ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MINOR PERMIT) CERTIFIED MAIL, RETURN RECEIPT REQUESTED or HAND DELIVERED LLD AntD .p&WE-lf12/FT Name of Adjacent Riparian Property Owner 201 Dcf�vJd� `ilk/L Address euzVeM Bury . rl t; Z?VO City, State Zip --r . To Whom It May Concern: RECEIVED DEC 1 1 2023 DCM-EC /1H 01,Z023 Date This correspondence is to notify you as a riparian property owner that I am applying for a CAMA Minor permit to C owsraya- yerJ &wqE r aft%'6f/=r Awo ne2l Dc)cx- on my property at 197 lit?&Wt i rh 7-9d /L 1 aU 946c7 Tf C',I de, 0177 D in Ph96J J)0'%Y1NX County, which is adjacent to your property. A copy of the application and project drawing is attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible. If no comments are received within 10 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to: (LOCAL PERMIT OFFICER, NAME OF LOCAL GOVERNMENT, MAILING ADDRESS CffY, STATE, ZIP CODE) If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or contact (LOCAL PERMIT OFFICER) at (PHONE NUMBER), or by email at: (LPO EMAIL). Sincerely, OeHA,eb WR L Property Owner's Name Address City Telephone Number State I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. Adjacent Riparian Signature Date Print or Type Name Telephone Number Zip Address City State Zip Revised July 2021 USPS.com® - USPS Tracking© Results https://tool s. usps. com/go/TrackConfirinActlon?tRef=fullpage&tLc=... ALERT. FLOODING AND SEVERE WEATHER IN THE SOUTHERN AND CENTRAL U.S. MAY IM... USPS Tracking® Tracking Number: 70210950000223715123 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.comn Latest Update Your item was delivered to an individual at the address at 12:56 pm on November 25, 2023 in ELIZABETH CITY, NC 27909 Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Left with Individual ELIZABETH CITY, NC 27909 November 25, 2023, 12:56 pm • Redelivery Scheduled ELIZABETH CITY, NC 27909 November 24, 2023 • Notice Left (No Authorized Recipient Available) ELIZABETH CITY, NC 27909 November 21, 2023, 11:42 am • Arrived at USPS Regional Facility NORFOLK VA DISTRIBUTION CENTER November 20, 2023, 8:07 am FAQs > Remove X M (D (D Q s v 1 of 2 7/18/2024, 10:59 AM ...,a v.wui,_v - poi o i�acn�ug,ti riC5Un1 In Transit to Next Facility November 19, 2023 https://tools.tisps. com/go/TrackConfirinAction?tRef=fullpage& tLc=... Departed USPS Regional Facility GREENSBORO NC DISTRIBUTION CENTER November 18, 2023, 7:15 pm Arrived at USPS Regional Facility GREENSBORO NC DISTRIBUTION CENTER November 15, 2023, 9:55 pm Departed Post Office SCOTTSVILLE, VA 24590 November 15, 2023, 4:36 pm USPS in possession of item SCOTTSVILLE, VA 24590 November 15, 2023, 2:10 pm Hide Tracking History m _. _._ _......... _. _.... _... _._ __.C_ Cr o, Weft L&ffll1t"hU§tatuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) USPS Tracking Plus® Product Information Track Another Package Enter tracking or barcode numbers v u See Less ^ Need More Help? Contact USPS Tracking support for further assistance. FAQs 2 of 2 7/18/2024, 10:59 AM RECEIVED JUL 17 MA DCM-EC 0 fi V, 1 VJR� Lls,�¢ `ACC CL?ki.K— M -DOG%Ao rjb t� EuzhGt(, PASQUOTANK RIVER Prao acctrt t L t N E -...., .t'1;i: 37' A eE INUNDATED AREA 0.12 ACRES — MEAN HIGH WATER MARK INSTALL BROStot4 Cot+TRoL RIP-R11p ALotA61 5ftae LiµE J 2 U 00 00 4 PILE BOAT LIFT N PILE SIZE: 10" MIN z PILE (IN GROUND) DEPTH: 15' MIN. 3' WIDE P.T. LUMBER DOCK/PIER 3'x26'=6o5F CHARLES W. WARD, JR 891504932720 DB. 544, P. 613 2 32.25- 123. RECEIVE ,,,BEt\l 12023 I \ r DCM��C CAMA AEC \ 30' E gqC \ POTENTIAL WATERS OF THE I UNITED STATES \ 20351.3 Sq Ft \� 0.47 Acres I TOTAL LOT AREA 35030.4 Sq. Feet I0.80 Acres / I WETLAND LINE I CONCRETE SIDEWALK i xma c. i � PATIO I I ' I I TY FRAME WITH I WITR F.R.0.6 FFE _ 199 DOGWOOD TRAIL I N I I r------------- — SEED ALL DISTURBED C I RReh 5 1~�NEW DRAINFIELD AREA I� i141.20'1--------------i--I +/— 291' TO INTERSECTION OF DOGWOOD TRAL h LONG POINT DR \ \ \ 0' 30, 60' 1 "=30, N 44'53'00" E 173.45' fl NEW 15" CULVERT / o N 25.0' S45' 31' 46"E 9.17' CD O 1A .. 5/8" REBAR (BENT) 10.0' CK u = or 04 ha 7� 3I Cl W �� + Q O co � OtJ to Z PIPE L �, EDGE \PAVEMENT_ DOGWOOD TRAIL (SR 1376) 60' 'w"tA n -c" nnooIIIA n EDGE PAVEMENT U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01762 County: Pasauotank U.S.G.S. Quad: NC -Elizabeth City NOTIFICATION OF JURISDICTIONAL DETERMINATION { Requester: Richard Clark 1 9 E C i-IVyg D Address: 605 Elmhurst Avenue Chesapeake, VA 23322 Mni a 202§ Telephone Number: (757) 617-3885 E-mail: richallenclark(&emall.com Size (acres) 0_8 Nearest Town Elizabeth City Nearest Waterway Pasuuotank River River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 36.338524 Longitude:-76.218206 Location description: The review area for this Jurisdictional Determination is located at 199 Do rood Trail in Elizabeth City Pasauotank County, NC. Parcel ID #: 891504932571. The site totals 0.8 acres and contains approximately 0 47 acres of wetlands. Indicate Which of the Followin¢ Anuly: 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 wetland survey dated 11/17/2022 revised 12/24/2022. Therefore this preliminary jurisdiction determination maybe 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/RI IA 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 reconunend 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 we 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 . We strongly suggest SAW-2022-01762 you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once 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 on. 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 tinder the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Anny 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 Billy W. Standridge at (910) 2.514595 or Billy.w.standridee(a).usace.armv.mU. C. Basis For Determination: See the preliminary iurisdictional determination form dated 01/2312023. D. Remarks: The wetland boundary within the review area is accurately depicted on the attached Wetland Suryev for Richard Allen Clark. Jr. and Kelly Ann Wiley —199 Doewood Trail Elizabeth City. NC 27909. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineationideterrrtination 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) 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 Attu: Mr. Philip A. Shaunin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNINGa USACE ARMY MIL MAY 3 0 2024 In order foram 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 tQ the Division Offtse if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 01/23/2023 Expiration Date of JD: Not applicable SAW-2022-01762 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httns://re ug latory ops usace armv mil/customer-service-survev{ MAY 3 0 ZOA D G ``M �. 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Eer /' 40 G 20 AD BD 190 '3rfxeN cARdxn.,ru 3 L L/HeE.nr f 2R z9•YP ) 1 1no8 + !B A VE: MAY 3 U ZZ NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Richard Clark I File Number: SAW-2022-01762 Date: 01/23/2023 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A 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.tisace.army.mil/Missions/CivilWorks/RetntlatoryProgrannaiidPeriiiiis.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 tens and conditions, and approved jurisdictional determinations associated with the pennit. • 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 1I 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 yourright 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 detenmined 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 pennit 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 pennit (Standard or LOP) because of certain temps and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this forrit and sending the form to the division engineer. This forni 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 11 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 11 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. 14AY 3 1) 104 E: PRELIMINARY JURISDICTIONAL DETERMINATION: 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. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - 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 pennit 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 memorandmn for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the adrinistrative 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. PHILIP A. SHANNIN Attn: Billy W. Standridge ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PIIILIP.A.SHANNINCa2.USACLARMY.MIL 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 opportunitv to artici ate in all site investi ations. 4 �0 � (?J& / Date: 01 /28/2023 Telephone number: 1757-617-3885 Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Billy W. Standridge, 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ... % i7l, E i MAY 3 0 23A ""I L-C.s PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 01/23/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Richard Clark, 605 Elmhurst Avenue, Chesapeake, VA 23322 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 199 Dogwood Trail - Elizabeth City / Pasquotank, SAW-2022-01762 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area for this Jurisdictional Determination is located at 199 Dogwood Trail in Elizabeth City, Pasquotank County, NC. Parcel ID #: 891504932571. The site totals 0.8 acres and contains approximately 0.47 acres of wetlands. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Pasquotank City: Elizabeth City Center coordinates of site (lat/long in degree decimal format): Latitude: 36.338524 Longitude:-76.218206 Universal Transverse Mercator: Name of nearest waterbody: Pasquotank River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑Office (Desk) Determination. Date: ® Field Determination. Date(s):11/02/2022 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 SAW-2022-01762 36.33838 -76.21794 0.47 Wetland Section 404 Wetlands MAY 3 0 2024 I. 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 (AID) 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 AID 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 AID 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 pennit 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 AID 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 AID 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 AID 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 inthe review area that could be affected by the proposed activity, based on the following information: y tog 3 0 NZI C( N �-, 9, t"" gi IV w�AJJ SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Wetland Survey ❑Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑Office concurs with data sheets/delineation report. ❑Offrcedoes not concur with data sheets/delineation report. Rationale: NData sheets prepared by the Corps:11/2/2023 ❑Corps navigable waters' study: El U.S. Geological Survey Hydrologic Atlas: ❑USES NHD data: ❑USGS 8 and 12 digit HUC maps: 7" � 'l ❑U.S. Geological Survey nrap(s). Cite scale & quad name: MAY 3 0 2024 0Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey 0National wetlands inventory map(s).Citename:FWSWetlands Manper i'i�jIt �' i 1d o.) E- ❑ Slate/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Dattun of 1929) El Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): []Previous determination(s). File no, and date of response NOther information (please specify): LiDAR 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. Signatur . d date of Regul6ry staff member completing PJD 01/23/2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD fomrs. If the requester does not respond within the established time fame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. r` C cu O cu a .—V E b r3 c N Iv i4 'RIM w 0 0