HomeMy WebLinkAbout20200158 Ver 1_PCN Form Submission_20200127DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes IT No
Change only if needed.
BIMS # Assigned
20200158
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Wilmington Regional Office - (910) 796-7215
Information for Initial Review
1a. Name of project:
Long Beach Lot 20, Bilk 181, Sec N-5
1a. Who is the Primary Contact?*
Tom Gulley
1b. Primary Contact Email:*
tgulley@gmail.com
Date Submitted
1 /27/2020
Nearest Body of Water
Montgomery Slough
Basin
Lumber
Water Classification
SA/HQW
Site Coordinates
Latitude: Longitude:
33.917345-78.142511
A. Processing Information
County (or Counties) where the project is located:
Brunswick
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Robb Mairs:eads\rlmairs2
1c. Primary Contact Phone:*
(910)297-1282
U
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
18 - Minor Discharges
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
Stone Farm Acceptance Letter.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
11. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Todd Surratt
2b. Deed book and page no.:
3977/1369 & 1370
2c. Responsible party:
2d.Address
Street Address
PO Box1025
Address Line 2
city
Denton
Pbstal / Zip Code
27239
2e. Telephone Number:
(336)250-2333
2g. Email Address:*
ksurratt@triad.rr.com
State / Ravine / FLgion
NC
Country
USA
2f. Fax Number:
92.09KB
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)
3a. Name:
Tom Gulley
3b. Business Name:
Needham Environmental, Inc
3c.Address
Street Address
PO Box 960
Address Line 2
(Sty
State / Rovince / Fbgion
Wilmington
NC
Postal / Zip Code
Country
28402
USA
3d. Telephone Number:
3e. Fax Number:
(910)297-1282
3f. Email Address:*
tgulley@gmail.com
4. Agent/Consultant (if applicable)
4a. Name:
Tom Gulley
4b. Business Name:
Needham Environmental, Inc
4c.Address
Street Address
PO Box 960
Address Line 2
CSty
State / Province / F Lgion
Wilmington
NC
Postal / Zip Code
Country
28402
USA
4d. Telephone Number: 4e. Fax Number:
(910)297-1282
4f. Email Address:*
tgulley@gmail.com
Agent Authorization Letter*
Surratt Agent Authorization. pdf 9.02MB
C. Project Information and Prior Project History u
1. Project Information
1b. Subdivision name:
(d appropriate)
Long Beach
1c. Nearest municipality/ town:
Oak Island
2. Project Identification
2a. Property Identification Number:
2b. Property size:
235JO001
0.17
2c. Project Address
Street Address
117 SE 19th St
Address Line 2
(Sty
State / Province / Rion
Oak Island
NC
Postal / Zip Code
Country
28465
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Montgomery Slough
3b. Water Resources Classification of nearest receiving water:*
SA/HQW
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402080107
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site has been mowed and due to some overturned trees to the south, which have blocked surface water flow, there is a few inches of standing water over about 2/3rds of the lot.
There is a new single-family home on the adjacent lot to the north. There are two single-family homes across 19th St.There is a vacant lot that has been recently cleared and filled to
the south. There is a vacant lot to the west.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
C Yes r No C Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS Quad - Surratt 19th St Lots.pdf 1.04MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Survey - Surratt 19th St Lots.pdf 383.84KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.14
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
Construction of a single-family home.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Construction of a new single-family home. House will be constructed on pilings. Small crane to be used to drive pilings and during construction. Dump trucks and skid -steer used to level
fill. Beyond that typical equipment for house, construction to be used.
4j. Please upload project drawings for the proposed project.
Surratt wetland impact map with cross sections.pdf
117 SE 19th Street house plan.pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes C No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary C Approved C Not Verified C Unknown C N/A
Corps AID Number:
SAQ-2017-02455
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Tom Gulley
Needham Environmental, Inc.
209.07KB
868.95KB
C Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
PJD dated 1 /31/2018
5d1. Jurisdictional determination upload
Signed JD tearsheet.pdf 177.91 KB
6. Future Project Plans
6a. Is this a phased project?*
C Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
Ia. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
.................. ............
2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name* 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
F1 Fbrrie Construction JP Estuarine Woody Wetland F1 ff—=Erps
0.084
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.084
2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.084
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Home placed in northeastern portion of lot to minimize impact area. Home placed at front building setback to minimize impact area.
tb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Wetland impacts were limited to area under home and minimal area needed for sideslopes.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
r DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
17 Mitigation bank r Payment to in -lieu fee r Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Stone Farm Regional Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.20
Attach Receipt and/or letter
Stone Farm Acceptance Letter.pdf 92.09KB
3c. Comments
Typically compensatory mitigation is required for all wetland impacts on barrier islands, so compensatory mitigation is proposed at a 2:1 ratio.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
Ia. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Buffer Rules do not apply to Lumber River basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management r Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
G. Supplementary Information U
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This is a small individual lot recorded in an eAsting subdivision, so construction on this lot will not cause construction on adjacent lots. There will be no
other construction on the subject lot.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Oak Island Public Utilities
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
r Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Designated Critical Habit Maps on the Wilmington District USACOE website.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes f• No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
HPOWeb 2.0
7c. Historic or Prehistoric Information Upload
HPOWEB.pdf 310.41 KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
Home to be constructed on piling above flood level.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Floodmap portal
Miscellaneous
Comments
Site adjacent to SA Waters. There is standing water in portions of the impact are and an OHWM. See attached wetland impact map.
Miscellaneous attachments not previously requested.
Signature
*
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
. I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
James Tom Gulley Jr
Signature
07-1 2 Iles C%`2
Date
1 /27/2020
STONE FARM REGIONAL MITIGATION BANK
CREDIT REQUEST ACCEPTANCE
Date: 11 /26119
Tom Gully
Needham Environmental, Inc
PO Box 960
Wilmington, NC 28402
Project Name: 117 SE 19th Street
Expiration of Acceptance: May 26, 2020
SFMB Number:
Dear Mr. Tom Gully:
Stone Farm Mitigation Bank, LLC
2618 New Village Way
Wilmington, NC 28405
(910) 251-8543
DRAFT
The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision
does not assure that the payment will be approved by the permit issuing agencies as mitigation for project
impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the
Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios
that will be required for the corresponding wetland and/or stream impacts. You must also comply with all
other state, federal or local government permits, regulations or authorizations associated with the proposed
activity.
This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not
received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit
within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as
set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. it is
the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of
the permit(s), an invoice will be issued based on the information identified below. Payment must be made
prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and
amounts identified below are consistent with the compensatory mitigation requirements of the permit(s)
issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation
requirements.
Based on the information supplied by the applicant, the impacts that may require compensatory mitigation
are summarized in the following table:
CU Location Stream (ft.) _ Wetlands ac.
Nonri arian Ri
Impact
Credits 03040207 .20
Note that the impact and credit totals above were provided by the applicant. It is the applicant's
responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or
its agents are not responsible for determining the required credit amounts. The Bank's decision to accept
credits is based upon the information provided by the applicant. The Bank is not liable for any credit
shortage should the applicant's required mitigation credits exceed the amount specified in the above table.
Based upon the type and amounts of credits requested above, the following payment must be provided to
the Bank prior to issuance of credits:
Credit Type
Unit
Per Unit Credit Fee
Sub -Total
Stream
0
$525.65
$0.00
Nonriparian Wetland
0.2
$52,273.99
$10,454.80
Riparian Wetland
0
$52.273.99
$0.00
Total Payment Due
$10,454.80
Non-refundable Deposit
$1,045.48
Balance Due Upon Invoice
$9,409.32
Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If
the regulatory agencies require mitigation credits greater than indicated above, and should the applicant
want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit
request form to the Bank.
If you have any questions or need additional information, please contact Jordan Cline at 910-251-8543 or
jordan@dwenterprises.net
Sincerely,
atart'K, 0, JQ 'W
JIG an Cline
Stone Farm Mitigation Bank, LLC
cc: NCDWQ-Raleigh
USACE
NCDWQ-Local
Agent
STONE FARM REGIONAL MITIGATION BANK
CREDIT REQUEST ACCEPTANCE
Date: 11 /26119
Tom Gully
Needham Environmental, Inc
PO Box 960
Wilmington, NC 28402
Project Name: 117 SE 19th Street
Expiration of Acceptance: May 26, 2020
SFMB Number:
Dear Mr. Tom Gully:
Stone Farm Mitigation Bank, LLC
2618 New Village Way
Wilmington, NC 28405
(910) 251-8543
DRAFT
The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision
does not assure that the payment will be approved by the permit issuing agencies as mitigation for project
impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the
Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios
that will be required for the corresponding wetland and/or stream impacts. You must also comply with all
other state, federal or local government permits, regulations or authorizations associated with the proposed
activity.
This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not
received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit
within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as
set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. it is
the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of
the permit(s), an invoice will be issued based on the information identified below. Payment must be made
prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and
amounts identified below are consistent with the compensatory mitigation requirements of the permit(s)
issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation
requirements.
Based on the information supplied by the applicant, the impacts that may require compensatory mitigation
are summarized in the following table:
CU Location Stream (ft.) _ Wetlands ac.
Nonri arian Ri
Impact
Credits 03040207 .20
Note that the impact and credit totals above were provided by the applicant. It is the applicant's
responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or
its agents are not responsible for determining the required credit amounts. The Bank's decision to accept
credits is based upon the information provided by the applicant. The Bank is not liable for any credit
shortage should the applicant's required mitigation credits exceed the amount specified in the above table.
Based upon the type and amounts of credits requested above, the following payment must be provided to
the Bank prior to issuance of credits:
Credit Type
Unit
Per Unit Credit Fee
Sub -Total
Stream
0
$525.65
$0.00
Nonriparian Wetland
0.2
$52,273.99
$10,454.80
Riparian Wetland
0
$52.273.99
$0.00
Total Payment Due
$10,454.80
Non-refundable Deposit
$1,045.48
Balance Due Upon Invoice
$9,409.32
Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If
the regulatory agencies require mitigation credits greater than indicated above, and should the applicant
want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit
request form to the Bank.
If you have any questions or need additional information, please contact Jordan Cline at 910-251-8543 or
jordan@dwenterprises.net
Sincerely,
atart'K, 0, JQ 'W
JIG an Cline
Stone Farm Mitigation Bank, LLC
cc: NCDWQ-Raleigh
USACE
NCDWQ-Local
Agent
rizati
on Form
gned, hereby authorize Needham Environmental, Inc. to act as our agent
Environmental, Inc
Main Office/Fax (910) 795-0319
Tom Gulley — tguiley@gmaii.com
.0
P.O. Box 960,, Wihni'ngton, NC. 28402
0
Agent Autho
TO WHOM IT MAY CONCERN:
I/we, the undersi
in the preparation and representation of information related to the tract listed below. This
authorization grants permission for the USACE to enter the property for the purposes of
jurisdictional wetlands determination as well as review of any areas that maybe included
in a 404/401 or CAMA permits. This
authorization, for liability and professional courtesy
reasons, is valid only for government officia
staff of Needham Environmental, Inc.
TRACT NAME/PARCEL#.-4
TRACT LOCATION:
t
is to enter the property when accompanied by
ID: 23510001, Lone Beach Lot 22., Blk 1
E 191h Street
OWNER/APPLICANT: Todd Surratt
SIGNATURE:
DATE:
S uk ir )r (x tt
11/21/19
■
i
1. Sec N
■
0
C
0
USGS Lockwoods Folly
(NC) Quad
Needham Environmental, Inc.
Environmental Consultants
Map Source: US Fish & Wildlife Service
1” ~ 3000’
NN
03-15-100 /COE Package.cdr IT ES
Wilmington, NC
November 2020
Long Beach
Lot 20, Blk. 181, Sec. N-5
Oak Island, NC
Generalized Soils Map
Needham Environmental, Inc.
Environmental Consultants
1” ~ 100’
NN
03-15-100 /COE Package.cdr
Wilmington, NC
November 2020
Long Beach
Lot 20, Blk. 181, Sec. N-5
Oak Island, NC
Map Source: Brunswick County Online GIS
Lot boundary shown in Red.
NN
Wetland Impact Sketch
Needham Environmental, Inc.
Environmental Consultants
Uplands - Area of planned disturbance and imperveous areas may
require CAMA, stormwater, and sediment/erosion control permitting approval
404 Wetland area to be filled (F1) for house construction.
Approximately 3678 square feet or 0.084 acres.
LEGEND
U N S H A D E D
Map Source: VCS & Co, Inc Survey
Wilmington, NC
January 2020
03-15-100 /COE Package.cdr
.084 ac
3678 sf
Approximate OHWM Line
Approximately 3144 square foot area
below the OHWM line to be filled.
Water in area is 0” to 4” deep or an
average of 2” deep or approximately
19.4 cubic yards
UPLAND
S A 2 7 2 5
W -0 1 -0 4 5
House Footprint
(34’ x 66’)
6’1:3 slope
8’8’1: slpe3o1:3 slopeDRIVEWAY
When the wetlands on the subject property were
delineated in 2017 there was no standing
water on the lot. Since then, due to uprooted
trees, surface water does not flow to the east
which has created standing water on portions
of the lot.
1” ~ 30’
50’
HOME
2.5’36’
CONSTRUCTION CROSS-SECTIONS
72’
HOME
2.5’66’
rear front
1:3 slope 1:3 slope 1:3 slope
Long Beach
Lot 20, Blk. 181, Sec. N-5
Oak Island, NC
Rip-Rap placed below OHWM elevation
& sod placed above OHWM elevation
Rip-Rap placed below OHWM elevation
& sod placed above OHWM elevation
(F1)
c
A
m
m
z
a
z
m
m
A
N
m
z m
C7:a O
C
am Z
zA 0
T a
nm
ni Z
n<_
m
5
n
m
n D auwat , wp�omer. TODD SVMTi s zrna wrVa er nrE
Y m SAM MARTIN �75��� FLOOR ?LAN AND
N b FOUNDATION PLAN
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02455 County: Brunswick U.S.G.S. Quad: NC-Lockwood Folly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Mr. Todd Surratt
Address: Post Office 1025
Denton, North Carolina 27239
Size (acres) 0.35 Nearest Town Oak Island
Nearest Waterway Long Bay River Basin Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.9174
Longitude: -78.1426
Location description: Project area is located at lots 20 and 22 SE 19th Street in Oak Island, Brunswick County, North Carolina.
Parcel IDs are 235JO001 and 235JO002
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters 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 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 11/1/2017. 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 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
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 at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters 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 on 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 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 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 7/17/2017. If you wish to have the
delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an
accurate depiction of all areas subject to CWA and/or RHA 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below on SURVEY SIGNED DATE. 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 in Wilmington, NC, at (910) 796-7215 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 Mr. Brennan Dooley at (910) 251-4694 or
Brennan.j.dooley@usace.army.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 1/31/2018.
D. 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: Jason Steele, 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 N/A
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Date of JD: 1/31/2018 Expiration Date of JD: N/A
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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
DOOLEY.BRENNAN.JOHN.1512992613
Digitally signed by DOOLEY.BRENNAN.JOHN.1512992613
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,
cn=DOOLEY.BRENNAN.JOHN.1512992613
Date: 2018.01.31 11:28:37 -05'00'
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mr. Todd Surratt File Number: SAW-2017-02455 Date: 1/31/2018
Attached is: Wetland Delineation Sketch-Long Beach, Lots 20&22 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.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x 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.
x 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
x 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.
x 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.
x 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.
x 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
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 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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Mr. Brennan Dooley
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
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 investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Mr. Brennan Dooley , 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. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
NCHPO HPOWEB
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri
Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)
OpenStreetMap contributors, and the GIS User Community
Local districts & boundaries
Local individual resources & centerpoints
Local Landmark
Local Landmark, Gone
Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
Surveyed in NRHD
Surveyed Only, Gone
Surveyed in NRHD, Gone
Blockface- Multiple properties
1/27/2020, 8:56:47 PM 0 1 20.5 mi
0 1.5 30.75 km
1:72,224
North Carolina State Historic Preservation Office
State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS |