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
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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. Such information was generated from data maintained by different sources and agencies and as such, some limitations may apply based upon restrictions
imposed by other sources or agencies supplying data to Lee County (hereinafter a€oethe Countya€F). While the Department strives to make the information on the GIS
ebsite as timely, reliable and accurate as possible, neither the Department nor the County local governments make any claims, promises, or guarantees about the
accuracy, completeness or adequacy of the contents of the layer. Areas depicted are approximate and are not necessarily accurate to mapping, surveying or engineering
standards. The County expressly disclaims liability for errors and omissions in the contents of this site and layer. No warranty of any type, implied, expressed, statutory,
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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
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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
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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
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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:
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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