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HomeMy WebLinkAbout20070796 Ver 2_Meeting Request Review_20201030ID#* 20070796 Version* 2 Regional Office* Raleigh Regional Office - (919) 791-4200 Reviewer List* Stephanie Goss Pre -Filing Meeting Request submitted 10/30/2020 Contact Name * Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Martin Richmond martinrrichmond@gmail.com St James Place Additional Phases James Siler Lee Street Address PO Box 1874 Address Line 2 aty Sanford Rbstal / Zip Code 27331 Is this a transportation project?* r Yes r No State / Frovince / Region NC Country USA Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express r- Individual Permit r- Modification r- Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Please list all existing project ID's associated with this projects.* 07-0796 Do you know the name of the staff member you would like to request a meeting with? Stephanie Goss Please give a brief project description below.* Additional phase to existing single-family subdivision. JD has been completed and approved by USACE. Proposed permanent impacts include road installation to access developable uplands. Please give a couple of dates you are available for a meeting. 11 /3/2020 11 /4/2020 11 /5/2020 Please attach the documentation you would like to have the meeting about. St James Place —JD Request 6.86MB Packet_072420.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 10/30/2020 Reviewer Meeting Request Decision Has a meeting been scheduled?* r Yes r No Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2007-01743 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: St. James Place Additional Phases 2. Work Type: Private ❑Institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Project is additional phases to the existing St. James Place Subdivision in Sanford, NC. 4. Property Owner / Applicant [PCN Form A3 or A41: James Siler, Siler Realty 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Martin Richmond, Lakenheath Inc., Raleigh NC 6. Related Action ID Number(s) [PCN Form 135b]: SAW-2007-01743 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: Project is located off Cemetery Road in Sanford, NC. Lat/Long: 35.443424;-79.150082 8. Project Location —Tax Parcel ID [PCN Form Bla]: 9651-55-3936-00 9. Project Location — County [PCN Form A2b]: Lee County 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Sanford, NC 11. Project Information — Nearest Waterbody [PCN Form 132a]: Gasters Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030004 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ✓❑ Nationwide Permit # ❑ Regional General Permit # ❑✓ Jurisdictional Determination Request Section 10 and 404 ❑ ❑✓ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 urisdictional Determination Reauest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw. usace. army. mil/Missions/Re._ ul�atoiyPermitProgram/Contact/Coun!yLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: St. James Place Additional Phases City, State: Sanford, NC County: Lee County Parcel Index Number(s) (PIN): 9651-55-3936-00 B. REQUESTOR INFORMATION Name: Martin Richmond Mailing Address: 2204 Lakenheath Ct Telephone Number: Electronic Mail Address: Select one: Raleigh, NC 27614 (919) 271-0368 mobile MartinRRichmond@gmaiI.com ❑ I am the current property owner. W] I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: James Siler Mailing Address: PO BOX 1874 Telephone Number: Electronic Mail Address: Sanford, NC 27331 (919) 721-1353 silerrealtva-amail.com i Must provide completed Agent Authorization Form/Letter. Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATIONS,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See Attached Agent Authorization Print Name Capacity: ❑ Owner ❑ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ❑✓ Size of Property or Review Area 23.32 acres. F7The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: Longitude: 35.443424 -79.150082 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/RegulatoLy-Permit- P ro gram/Juri sdi ction/ Version: May 2017 Page 5 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form'. W1 Vicinity Map W1 Aerial Photograph FA USGS Topographic Map l rJ Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) zLandscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ✓❑ NC Division of Water Resources Stream Identification Forms Other Assessment Forms 7 www.saw.usace.army.mil/Portals/59/does/regulatory/re2does/JD/RGL 08-02 App A Prelim JD Form fillable.pdf s Please see htip://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's web site and onthe Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Martin Richmond, Lakenheath Inc. C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Lee County city: Sanford Center coordinates of site (lat/long in degree decimal format): Lat.: 35.443424 Long.:-79.150082 Universal Transverse Mercator: WGS84 Name of nearest waterbody: Gasters Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) 35.443982 35.442860 Longitude (decimal degrees) -79.149307 -79.148514 -79.149241 -79.147934 Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Stream 01 320 LF 291 LF 0.35 Ac 0.05 Ac Non -wetland waters Non -wetland waters Wetland 404/401 404/401 404/401 404/401 Stream 02 Wetland A 35.443914 35.443180 Wetland B Wetland 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Exhibit 6. Preliminary Wetland Delineation 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ 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: ❑ 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 Sanford Quadrangle ■❑ Natural Resources Conservation Service Soil Survey. Citation: NRCS Lee Co Map Sheet 5 ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: NSA ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑■ Aerial (Name & Date): NCOneMap Imagery, 2017 or ■❑ Other (Name & Date): NCDEM LiDAR ■❑ Previous determination(s). File no. and date of response letter: SAW-2007-01743 ■❑ Other information (please specify): NCDOT 2Ft Topo; 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. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. PROPERTY INFORMATION ACCESS/AGENT AUTHORIZATION 4/28/2020 ConnectGIS Feature Report O I Y E 4 I Lee2 Printed April 28, 2020 WE$ HOSTH4G See Below far Disclaimer h'ND Parcels `k Streets Ip 1- - Railroad 335 Feet Lee County Sanford City Limits Broadway Town Limits https://Iee2.connectgis.com/DownIoadFile.ashx?i=_ags_mapdac5b92a5c8c4365b7d905dcbda95fffx.htm&t=printid 1 /2 4/28/2020 ConnectGIS Feature Report PIN Acres Parcel Address 9651-55-3936-00 23.32 0 ST JAMES WAY PARID Appraised Land Appraised Building 965155393600 160000 0 Book Page Tax District 1197 460 CSF Subdivision Legal 1 Legal 2 0 ST JAMES WAY PLAT 2005/128 (REMAIN) Legal 3 Owner Owner2 SILER, JAMES D SILER, PAMELA H Mail Address Mail Suffix Mail Street Dir Mail Street MailADRSUF Mail City PO BOX 1874 SANFORD Mail State Mail Zip Out BLDG Description NC 27331 Out BLDG YRBLT Dwelling Style Dwelling DESCR 0 Dwelling YRBLT Shape Length Appraised Total 0 4270.41589973934 160000 Out BLDG Area Dwelling SFLA OBJECTID 1 0 0 31553 TaxCard http://taxaccess.leecountync.gov/PT/ Data lets/Datalet.aspx? mode=&UseSearch=no&pin=965155 393600&jur=000&taxyr=2021 This site is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats and other public records and data. Users of this site are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this site. The County of Lee and Dude Solutions, Inc. assume no legal responsibility for the information contained on this site. Please be advised that you must contact the Lee County Tax Office for accurate tax values. Please contact the Lee County Appraisal Department if any building information is incorrect. The map, layer, data and website (collectively known as a€cethe layers€ ) are for graphical and illustration purposes only. The Lee County Strategic Services Department (hereinafter a€cethe Departmenta€F) provides the layer and the information contained within to the general public and has not customized the information for any specific or general purpose. 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The Strategic Services Department and the Lee County local governments are providing this data "as is.s€ In no event will any of the foregoing local governments or their officers and employees be liable to you or to any third party for any direct, indirect, incidental, consequential, special or exemplary damages or lost profit resulting from any use or misuse of this data. Unless otherwise noted an an individual document, files, documents, and information contained in this layer may be copied and distributed for non-commercial use, provided they are copied and distributed without alteration. https://Iee2.connectgis.com/DownIoadFile.ashx?i=_ags_mapdac5b92a5c8c4365b7d905dcbda95fffx.htm&t=printid 2/2 Lakenheath, Inc. 2204 Lakenheath Ct. Raleigh, North Carolina 27614 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: PARCEL ID: STREET ADDRESS: OWNER/APPLICANT: Name: Representing 9651-55-3936-00; Book 1197 Page 460 0 St. James Way Sanford, NC James Siler S.lee The undersigned, applicant and/or property owners of the above noted property, do hereby authorize Martin Richmond, President Lakenheath, Inc. 2204 Lakenheath Court Raleigh NC 27614 (919) 271-0368 martinrrichmond@gmail.com As Agent in petitioning local, state, and federal agencies (US Army Corps of Engineers, NC Dept of Environmental Quality, local municipalities, etc.) to act on my behalf and take all actions necessary for the processing and issuance of relevant environmental permitting applications or requests, including access to the property, project -related meetings/discussions, and material submittals. This authorization shall continue in effect until completion of contracted project tasks, or termination by the applicant and/or property owner. Signature of Applicant/Property Owner: '-iQmes .S',1-er M Printed Signature 3d x 15'7LI Mailing Address Telephone: g I q- I A I- 3 5 3 Date City ST Zip emxi.- ,s; 1 e rre-. I �-y d � rr,, :1 . Co ML SITE EXHIBITS 1. Location Map 2. Aerial Photo 3. USGS Topographic Map 4. NCDOT Topographic Map 5. NRCS Soil Survey Map 6. Wetland Delineation Map 7. LiDAR Map 9TOZ @Ied •aleoS 000'-H:T AjunoD aa� DN paoTueS AeM sawe[ IS saolnaaS 5ulddeW sE)sn/WNl :aoanoS _aj � N uosni n s@we de�i dei5odo :INII.pq S C S Inl .0 1 SJSfI z L ppo 0 m jr _ { L 3 T) 4IT 0 J AjunoD aa� DN paojueS AeM sawe[ IS C> uoisini n sau�p CS dp uoi�paui a W up la IM��C> ...pqS .Idp MEN MEN — — ME® :00 / m ::E ®00 +� Ln ®E N ru L / I I V) Q MEN V) EE ® N ®EME® CD MENEM MENEM MENEM ®®®®® MENEM L6 ®MEMO LL ® EEME ®EEE I ® ®®or M® ' �E ' dEE®®E ' mom mom EEE MEMO MEMO EEE® 00 ®® I ®® EE10 E M ME ® EE E EE E® EEI ® ®®®I E MEMO EE EEEE OEM M®®E EE ME® EE C ri O fu L 1 d N a' tV) ro c a ca J 0 KOZ eDJID WIG eleQ Z�b AjunoD aa� DN paoJueS AeM saweE IS GGS wea6oad 5uiddeW uiejdpoojd DN :aoanoS aj uoisini n s@we i a o uoi pna p 151 MN ...pq S C S �da.�/I p w .� 13 I �..a CD L li �b s :y 1 ti J1 i a o a o 0 m 3 a� c � 0 0 USACE DATA SHEETS NCDWR STREAM IDENTIFICATION FORMS U.S. Army Corps of Engineers OMB Control#: 0710xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a) Project/Site: St. James Place Additional Phases City/County: Sanford/Lee County Sampling Date: 05/18/20 Applicant/Owner: James Siler State: NC Sampling Point: 111 WL Investigator(s): M Richmond, Lakenheath, Inc. Section, Township, Range: Sanford, NC Landform (hillside, terrace, etc.): Toe fo Slope Local relief (concave, convex, none): Concave Slope (%): <1 % Subregion (LRR or MLRA): LRR P, MLRA 133A Lat: 35.443994 Long:-79.149376 Datum: WGS84 Soil Map Unit Name: PaF: Pacolet fine sandy loam, 15 to 40 percent slopes NWI classification: Headwater Forest WL Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: This data collection point is located within Wetland A, near Flag 111. This data form also applies to Wetland B, as conditions were similar HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) x Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) x High Water Table (A2) —Marl Deposits (1315) (LRR U) x Drainage Patterns (1310) x Saturation (A3) —Hydrogen Sulfide Odor (Cl) —Moss Trim Lines (1316) _Water Marks (131) x Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) —Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) x Geomorphic Position (D2) —Iron Deposits (135) —Other (Explain in Remarks) —Shallow Aquitard (D3) —Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes x No Depth (inches): 0.5 Water Table Present? Yes x No Depth (inches): 12 Saturation Present? Yes x No Depth (inches): 4 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: 111 WL Tree Stratum (Plot size: 30' Radius ) 1. Platanus occidentalis 2. Liriodendron tulipifera 3. Acer rubrum 4. 5. 6. 7. 8. 50% of total cover: 35 Sapling/Shrub Stratum (Plot size: 20' Radius ) 1. Magnolia virginiana 2. Liquidambar styraciflua 3. 4. 5. 6. 7. 8. 50% of total cover: 10 Herb Stratum (Plot size: 10' Radius ) 1. Woodwardia areolata 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of total cover: 40 Woody Vine Stratum (Plot size: 10' Radius ) 1. Smilax rotundifolia 2. 3. 4. 5. Absolute Dominant Indicator % Cover Species? Status Dominance Test worksheet: 30 Yes FACW Number of Dominant Species 30 Yes FACU That Are OBL, FACW, or FAC: 5 (A) 10 No FAC Total Number of Dominant Species Across All Strata: 6 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 83.3% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: 70 =Total Cover OBL species x 1 = _ 20% of total cover: 14 FACW species x 2 = FAC species x 3 = 10 Yes FACW FACU species x 4 = 10 Yes FAC UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% - Prevalence Index is:53.0' 20 =Total Cover _3 Problematic Hydrophytic Vegetation' (Explain) 20% of total cover: 4 80 Yes OBL 20% of total cover: 16 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Remarks: (If observed, list morphological adaptations below.) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: 111WL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-4 10YR 4/2 90 7.5YR 6/8 10 C PL Loamy/Clayey Prominent redox concentrations 4-16 10YR 4/2 80 7.5YR 6/8 20 C PL Loamy/Clayey Prominent redox concentrations Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 15313, 153D) —Coast Prairie Redox (A16) _ Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) —Reduced Vertic (F18) _Organic Bodies (A6) (LRR P, T, U) X Depleted Matrix (F3) (outside MLRA 150A, 15013) _5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) _ Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 15313) —Depleted Below Dark Surface (A11) —Marl (F10) (LRR U) _ Red Parent Material (F21) _Thick Dark Surface (Al2) _ Depleted Ochric (F11) (MLRA 161) —Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 162A in FL, 164) _Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 161) (MLRA 15313, 153D) —Sandy Redox (S5) _ Reduced Vertic (F18) (MLRA 150A, 15013) —Other (Explain in Remarks) —Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 149A) —Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C9 153D) 31ndicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 162A in FL, 164) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a) Project/Site: St. James Place Additional Phases City/County: Sanford/Lee County Sampling Date: 05/18/20 Applicant/Owner: James Siler State: NC Sampling Point: 111 UP Investigator(s): M Richmond, Lakenheath, Inc. Section, Township, Range: Sanford, NC Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Convex Slope (%): >10% Subregion (LRR or MLRA): LRR P, MLRA 133A Lat: 35.443994 Long:-79.149376 Datum: WGS84 Soil Map Unit Name: PaF: Pacolet fine sandy loam, 15 to 40 percent slopes NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.) Are Vegetation x Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No x Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: This data collection point is located within uplands adjacent to Wetland A, near Flagg 111. Uplands across the parcel have been timbered, and little to no vegetation is present. This data form also applies to uplands adjacent to Wetland B. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Marl Deposits (1315) (LRR U) —Drainage Patterns (1310) —Saturation (A3) —Hydrogen Sulfide Odor (Cl) —Moss Trim Lines (1316) _Water Marks (131) _Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _ Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) —Iron Deposits (135) —Other (Explain in Remarks) —Shallow Aquitard (D3) —Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No x Depth (inches): Water Table Present? Yes No x Depth (inches): Saturation Present? Yes No x Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: 111 UP Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: (A) 3. Total Number of Dominant 4. Species Across All Strata: (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: =Total Cover OBL species x 1 = 50% of total cover: 20% of total cover: FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1. None FACU species x 4 = 2. UPL species x 5 = 3. Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. 2 - Dominance Test is >50% 8. 3 - Prevalence Index is :53.0' =Total Cover -Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size: ) 1. None 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20% of total cover: height. Woody Vine Stratum (Plot size: ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No x Remarks: (If observed, list morphological adaptations below.) This property has been recently timbered in entirety, with little to no vegetation present to evaluate ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: 111 UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-4 10YR 4/3 100 Loamy/Clayey Sandy loam, Dry 4-16 10YR 5/4 100 Loamy/Clayey Sandy loam, Dry Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 15313, 153D) —Coast Prairie Redox (A16) _ Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) —Reduced Vertic (F18) —Organic Bodies (A6) (LRR P, T, U) —Depleted Matrix (F3) (outside MLRA 150A, 15013) _5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) _ Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 15313) —Depleted Below Dark Surface (A11) —Marl (F10) (LRR U) _ Red Parent Material (F21) _Thick Dark Surface (Al2) _ Depleted Ochric (F11) (MLRA 161) —Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 162A in FL, 164) _Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 161) (MLRA 15313, 153D) —Sandy Redox (S5) _ Reduced Vertic (F18) (MLRA 150A, 15013) —Other (Explain in Remarks) —Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 149A) —Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C9 153D) 31ndicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 162A in FL, 164) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date: 5/18/20 Project/Site: St. James Place Latitude: Evaluator: M. Richmond County: Lee County Longitude: Total Points: Stream Determination Lcircle one) Other Stream is at least intermittent 23.5 Ephemeral Intermittent Perennial e.g. Quad Name: if> 19 or perennial if>_ 30" A. Geomorphology (Subtotal = 10 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 • 3 2. Sinuosity of channel along thalweg 0 • 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 • 1 2 3 4. Particle size of stream substrate 0 • 1 2 3 5. Active/relict floodplain • 0 1 2 3 6. Depositional bars or benches 0 • 1 2 3 7. Recent alluvial deposits • 0 1 2 3 8. Headcuts 0 • 1 2 3 9. Grade control 0 0.5 • 1 1.5 10. Natural valley 0 0.5 • 1 1.5 11. Second or greater order channel • No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 8.5 ) 12. Presence of Baseflow 0 • 1 2 3 13. Iron oxidizing bacteria 0 1 • 2 3 14. Leaf litter 1.5 • 1 0.5 0 15. Sediment on plants or debris 0 • 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 • 1 1.5 17. Soil -based evidence of high water table? No = 0 • Yes = 3 C. Biology (Subtotal = 5 18. Fibrous roots in streambed 3 • 2 1 0 19. Rooted upland plants in streambed • 3 2 1 0 20. Macrobenthos (note diversity and abundance) • 0 1 2 3 21. Aquatic Mollusks • 0 1 2 3 22. Fish • 0 0.5 1 1.5 23. Crayfish • 0 0.5 1 1.5 24. Amphibians • 0 1 0.5 1 1 1.5 25. Algae • 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Relic Ditch; Origin flagged at S02 Start Sketch: See Wetland Delineation Map *4L PRELIMINARY SUBDIVISION SITE PLAN PRIOR ACTION SAW 2007-01743 z m � aa� OV wz S J G W y0 W 2 W 3 p aVC Y r a m m cores U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200701743 County: Lee USGS Quad: Sanford GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: James Siler Address: PO Box 1874 Sanford, NC 27331 Telephone No.: 919-721-1353 Size and location of property (water body, road name/number, town, etc.): The proiect site is located off Cemetary road, near the elementary school in Sanford, Lee County, North Carolina and is identied as the St. James Place Subdivision Aquatic features on site drain to Gasters Creek in the Cape Fear River Basin. Description of projects area and activity: This permit verifies permanent impacts to 0.037-acre of wetlands, 115 linear feet of stream channel exhibiting important aquatic functions and 1,360 square feet of stream channel not exhibiting important aquatic functions In addition, temporary impacts are authorized to 15 linear feet of stream channel All impacts are associated with the construction of a residential subdivision. No mitigation is required for these impacts. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 12 and 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Monte Matthews. Corps Regulatory Official: Monte Matt hews Date: 08/11/2007 Expiration Date of Verification: August 11, 2009 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 the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to complete the survey online. Page 1 of 2 Copy Furnished: Christina Breen ECS Carolinas 9001 Glenwood Avenue Raleigh, NC 27617 Mr. Jeremy Thomas MS Consultants 336-B Carthage Street Sanford, NC 27330 Page 2 of 2 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area 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. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: Wetlands identified using criteria within the 1987 Wetland Delineation Manual. Streams exhibited an ordinary high water mark and are connected via surface water to the Cape Fear River Corps Regulatory Official: Monte Matthews Date August 11, 2007 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Page 3 of 2 Action ID Number:2007-01743 County:Lee Permittee: Mr. James Siler Date Permit Issued: August 11, 2007 Project Manager: Monte Matthews Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mr. James Siler File Number: 2007-01743 Date: August 11, 2007 Attached is: Nationwide Permit See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) 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 http://www.usace.gM.mil/inet/functions/cw/cecwo/reg or Corps re lations 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 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 If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Monte Matthews Mr. Mike Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta, Georgia 30303-8801 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. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn: Monte Matthews, Project Manager, Raleigh Regulatory Field Office, 6508 Falls of Neuse Road, Suite 120, Raleigh, North Carolina 27615 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801