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HomeMy WebLinkAbout20220965 Ver 1_ePCN Application_20220715DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes • No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 7/15/2022 BIMS # Assigned * Version#* 20220965 1 Is a payment required for this project?* • No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Robert Tankard:eads\rbtankard Information for Initial Review Reviewing Office* Washington Regional Office - (252) 946-6481 1a. Name of project: COURTESY COPY Corolla Bay East 1a. Who is the Primary Contact?* Brian Rubino 1 b. Primary Contact Email:* 1c. Primary Contact Phone:* brubino@quible.com (252)491-8147 Date Submitted 7/15/2022 Nearest Body of Water Currituck Sound Basin Pasquotank Water Classification SC Site Coordinates Latitude: 36.3565 A. Processing Information Longitude: -75.8242 County (or Counties) where the project is located: Currituck Is this a NCDMS Project Yes • No Is this project a public transportation project?* Yes • No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? • Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? • Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: • 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes • No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? • Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lh. Is the project located in any of NC's twenty coastal counties? • Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes • No 1j. Is the project located in a designated trout watershed? Yes • No B. Applicant Information 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes • No Id. Who is applying for the permit? • Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* • Yes No 2. Owner Information 2a. Name(s) on recorded deed: CB Development, LLC 2b. Deed book and page no.: DB 1585, PG 260 2c. Contact Person: Sumit Gupta 2d. Address Street Address PO Box 90 Address Line 2 City Kill Devil Hills Postal / Zip Code 27948 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (252)441-9003 2g. Email Address:* sgupta@icrsaga.com 4. Agent/Consultant (if applicable) 4a. Name: Brian Rubino 4b. Business Name: Quible & Associates P.C. 4c. Address Street Address PO Box 870 Address Use 2 City State / Province / Region Kitty Hawk NC Postal / Zip Code Country 27949 USA 4d. Telephone Number: 4e. Fax Number: (252)491-8147 4f. Email Address:* brubino@quible.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) Corolla Bay 1c. Nearest municipality / town: Corolla 2. Project Identification 2a. Property Identification Number: 15E000OPEN0004/011500003XE0000/01150 0000040000 2c. Project Address Street Address 0 Ocean Trail Address Line 2 City Corolla Postal / Zip Code 27927 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Currituck Sound 3b. Water Resources Classification of nearest receiving water: * SC 2b. Property size: 13 State / Province / Region NC Country USA 3c. What river basin(s) is your project located in?* Pasquotank 3d. Please provide the 12-digit HUC in which the project is located. 030102051305 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site currently is an undeveloped wooded parcel consisting of uplands and wetlands. Adjacent parcels consist of residential lots, commercial developments, and undeveloped uplands and wetlands. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes • No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.44 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The proposed development will be a mixed use of commercial and residential units as part of the Corolla Bay subdivision. Wetland fill is required to accommodate the the proposed development. The wetland pockets reveived an AJD (attached) that recongized them as non -jurisdictional, however, it is understood that there has been a rule change. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project will include the development of an undeveloped parcel of land consisting of uplands and wetlands. The development includes a mix of commercial structures and residential buildings with associated parking and drive aisles. A large stormwater basin is proposed to account for the density. The development is part of the Corolla Shores PUD which utilizes large designated open space areas to account for density and coverage, as well as a wastewater treatment facility that services the entire development. Dump trucks and skid steers will be used to fill wetland area. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* • Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary • Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-02132 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2020-02132,04/28/2021 A permit is needed due to a rule change. 6. Future Project Plans 6a. Is this a phased project?* Yes • No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (7) 2a1 Reason (?) 2b. Impact type* (7) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (7) 2g. Impact area* 1 Nat 39 - Commercial Development P Small -Basin Wetland Wetland Yes Corps 0.230 (acres) 2 Nat 29 - Residential Development P Small -Basin Wetland Wetland Yes Corps 0.210 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.440 2g. Total Wetland Impact 0.440 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: No runoff will be directed off -site. The wetland areas are pockets and proper silt fence and stabilization will be included. This will not affect any off -site wetlands or uplands. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing, temporary stabilization of fill through seeding, fill of wetland pockets will match adjacent topography 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Great Dismal Swamp Restoration Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.88 3c. Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: No riparian buffers within the Pasquotank River Basin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Coverages proposed are within the available allocation designated within Monteray Shores P.U.D. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The subject wetlands have no surface connection to other wetlands in this area. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * No surface waters will be impacted. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* National Register of Historic Places 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Maps Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document MOSSEY ISLANDS.pdf NRCS_Soil_Map.pdf 20210428_SAW-2020-02132_CB Developmet LLC AJD.pdf P99006-CB EAST-NAT29-39-071222.pdf Letter of Credit Availability - Quible - 0 Ocean Trail -NC HWY 12 N Corolla 07072022.pdf Please_Docu Sig n_C B_La nd_Development_LLCQu ib. pdf File must be PDF or KMZ Comments 1.41 MB 902.6KB 1.05MB 686.02KB 330.25KB 173.76KB Signature U RI By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Brian Rubino Signature �tc�i&�ClLfiiY6 Date 7/15/2022 ° 51' 00.00" W 075° 50' I I I I I I 00.00" W I 075° 49' I I 00.00" W 075° 4 I Quible SINCE /H59 I 'r ; �' I VVS •`~ %• ie .4- .' lr•- I I I I I 1 I I I I I 1 1 1 1 1 036° 20' 00.00" N 036° 21' 00.00" N 036° 22' 00.00" N ti & c Associates, s�1,®1Y1L611.ILesI. g P.C. ENGINEERING * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.quible.com • •. '7'-� r Ise, •� - i ot�t ai^ /��J' _..__ =•'w- - �t�. w +i•�.. -:• a ' M d -y- - ' - - b co ;J'; i +��' r5 0 41,''' 0 _o N N Mo _ Light oI •', tio l II a ` }Sd V `y i ! Z i C@O f :. 1. SITE 8Q1 1" t: O C] ° N O 4' ., ` • O N co ~] 0 4 . sL J. 0 >4' I•. ' — _ ._......... _�.._. ...- col - Declination N * 1 1..� I 1 x46 4 d M- y - _ 0o o_ SCALE 1:24000 O 0 1 MILE CO 0 1000 YARDS MO MN 10.82° W 7St n d I 0 1 KILOMETER I I 1 1 I I I I I I I I I I I I 1 I 1 ° 51' 00.00" W 075° 50' 00.00" W 075° 49' 00.00" W 075° 4 Name: MOSSEY ISLANDS Location: 036° 21' 17.93" N 075° 49' 35.00" W Date: 07/07/22 Scale: 1 inch = 2,000 ft. Copyright (C) 2009 MyTopo Datum: NAD27 Soil Map—Currituck County, North Carolina 36° 21' 33" N 36° 21' 13" N 425890 Map Scale: 1:2,960 if printed on A portrait (8.5" x 11") sheet. 0 40 ao 160 Meters 240 Feet 0 100 200 400 600 Map projection: Web Mercator Comer o ordinates: WGS84 Edge tics: UTM Zone 18N WGS84 36° 21' 13" N uson Natural Resources Web Soil Survey National Cooperative Soil Survey woo Conservation Service 7/13/2022 Page 1 of 3 Soil Map—Currituck County, North Carolina MAP LEGEND Area of Interest (AOI) n Area of Interest (AOI) Soils El Soil Map Unit Polygons Soil Map Unit Lines ▪ Soil Map Unit Points Special Point Features Blowout 031 Borrow Pit Clay Spot Closed Depression • Gravel Pit Gravelly Spot ▪ Landfill A. Lava Flow jda Marsh or swamp • Mine or Quarry CO Miscellaneous Water • Perennial Water • Rock Outcrop • Saline Spot Sandy Spot Severely Eroded Spot • Sinkhole Slide or Slip o Sodic Spot Spoil Area Stony Spot el Very Stony Spot Wet Spot ▪ Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background rika Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:20,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Currituck County, North Carolina Survey Area Data: Version 21, Jan 21, 2022 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 31, 2009—Oct 19, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. uson Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 7/13/2022 Page 2 of 3 Soil Map—Currituck County, North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CoB Corolla fine sand, 0 to 6 percent slopes 3.5 8.1% CrB Corolla-Duckston complex, 0 to 6 percent slopes 11.0 25.5% Dt Duckston fine sand 10.2 23.6% Du Dune land 2.7 6.1% NeC Newhan fine sand, 0 to 10 percent slopes 6.6 15.3% NhC Newhan-Corolla complex, 0 to 10 percent slopes 8.2 19.0% OuB Ousley fine sand, 0 to 6 percent slopes 1.0 2.4% Totals for Area of Interest 43.2 100.0% USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 7/13/2022 Page 3 of 3 Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02132 County: Currituck U.S.G.S. Quad: NC- Mossey Islands NOTIFICATION OF JURISDICTIONAL DETERMINATION CB Development, LLC Mr. Bob Howsare Post Office Box 90 Kill Devil Hills, North Carolina 27948 (252) 305-2696 bhowsare(a icrsaga.com 8.8 Nearest Town Corolla Great Beach Pond River Basin Albemarle-Chowan 03010205 Coordinates Latitude: 36.3565 Longitude: -75.8242 Location description: The review area for the Jurisdictional Determination is located on the eastside of Ocean Trail Highway, approximately 0.05 miles northeast of intersection of Devils Bay and Ocean Trail Highway in Corolla, North Carolina. The properties area known as Currituck County Parcel Number(s) 011500003XE0000 and115E0000PEN0004. The site contains 0.43 acres of wetlands. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2020-02132 ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑X There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ▪ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Anthony Scarbraugh at (910) 251-4629 or anthony.d.scarb raugh(a,usace. army.mil. C. Basis For Determination: Basis For Determination: The wetlands within the properties are considered excluded (b)(1) waters that does not fall under the jurisdiction of the U.S. Army Corps of Engineers. D. Remarks: The non -jurisdictional wetlands within the properties are depicted on the attached plat entitled Northeastern North Carolina Properties, LLC & Northeastern North Carolina Properties Corolla Soundside, LLC Non -Jurisdictional Wetland Verification Map dated 04/05/05. This determination does not relieve the property owner/applicant of the responsibility to obtain any other required Federal, State or local approvals/permits. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 AND PHILIP.A.SHANNIN@USAC E.ARMY.MIL SAW-2020-02132 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 06/27/2021. **It is not necessary to submit an RFA form to the iv.sion Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 04/28/2021 Expiration Date of JD: 04/27/2026 SAW-2020-02132 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 Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy furnished: Agent: Atlantic Environmental Consultants, LLC Mr. Doug Dorman Address: Post Office Box 3266 Kitty Hawk, North Carolina 27949 Telephone Number: (252) 261-7707 E-mail: dou2daec(a,2mail.com i _Vl ,SUS C S N.T.S. BOUNDARY REFERENCES PC. I, SL. 33 PC. J, SL. 198 PC. J, SL. 126 PC. L, SL. 173 NOTES: 1) OWNERS: NORTHEASTERN NORTH CAROLINA PROPERTIES, LLC 6001 HARBOUR VIEW BOULEVARD SUFFOLK, VA 23435 (252) 453-3600 2) WETLAND AREA UPDATE POST FILL MITIGATION: EAST SIDE NC12: 18,847.67 SF = 0.43 AC 3) SOURCE DEED AS RECORDED IN D.B. 365, PG. 374, C.C.R BOUNDARY CURVE TABLE CURVE LENGTH RADIUS CHORD CHD BEARING C1 478.40' 715.01' 469.53' N28°55'12"W C2 832.61' 950.00' 798.80' N23°13'36"W C3 8.18' 950.00' 8.18' N01°49'25"E C4 322.50' 1150.00' 321.44' N05°54'22"W C5 20.23' 1250.00' 20.23' N13°28'14"W C6 173.17' 1250.00' 173.03' N08°33'59"W C7 146.70' 1250.00' 146.61' N01°13'59"W C8 350.54' 1250.00' 349.39' N05°54'22"W C9 727.02' 850.00' 705.06' N22°22'32"W 12.50' S13°56'24'E 0 35.00' 60.00' LEGEND: D Q EIR - EXISTING IRON ROD ® EIP - EXISTING IRON L PIPE A EMAG EX. MAG O ECM - EX. CONCRETE MONUMENT O CALC - CALCULATED POINT EX. 15' VEPCO EASEMENT (D.B. 261 PG. 753) 12.50' r.- 195.67' CONTROL CORNER #2 N /F WANDA JOHNSON LOT 61, SECTION 6, WHALEHEAD CLUB ZONED: R02 x N76°03'41 "E / X � I N/F DENNIS UMBERGER LOT 62, SECTION 6, WHALEHEAD CLUB ZONED: R02 EX. 15' VEPCO EASEMENT (D.B. 261 PG. 753) 147 C 12) WETLAND LINE TABLE EAST SIDE NC12 LINE LENGTH BEARING LINE LENGTH BEARING L526 48.65' N87°52'21"W L558 8.14' N57°52'00"W L527 37.52' N04°58'31"W L559 18.04' N49'18'34"E L528 32.82' N01°10'24"E L560 14.08' N13°56'28"W L529 42.69' N46'29'45"E L561 1.32' S55°55'09"W L530 29.99' S71'44'27"E L562 7.07' N42°23'15"W L531 39.40' S2214'28"E L563 4.95' N54°40'46"E L532 36.18' S26'30'59"E L564 87.73' N13'56'28"W L533 137.61' S13'50'55"E L565 3.43' N39°39'44"W L534 20.87' N87'57'50"W L566 8.92' S80°42'20"W L535 15.60' N40°18'22"W L567 11.16' N12'51'01"W L536 31.45' N84'54'35"W L568 10.00' N76°02'52"E L537 13.54' S24°52'17"W L569 19.01' S13°56'28"E L538 8.30' S87°02'21 "W L570 10.24' S69'12'58"W L539 107.83' NO2'07'44"E L571 31.17' N13'56'08'W L540 14.65' S12°04'18"W L572 72.11' N13'56'24"W L541 17.66' S63'42'36"E L573 16.56' N23°11'49"E L542 19.50' S06'32'37"E L574 38.19' S13°56'24"E L543 7.87' S25'07'56"W L575 26.52' S02'44'06"W L544 17.58' N69°36'18"W L576 7.70' S89°39'47"E L545 21.94' NO3'26'33"W L577 19.10' S13°56'24"E L546 13.70' N21'28'33"W L578 9.87' S71°52'30"W L547 17.73' N21°42'51"E L579 46.39' N13°56'24"W L548 9.75' S28'05'27"E L580 28.01' N56'59'34"W L549 26.07' S70'05'42"E L581 24.01' N5757'10"E L550 8.33' S75'59'50"E L582 24.20' S57°11'36"E L551 12.03' N38'39'49"E L583 19.82' S21°26'24"E L552 12.35' N13°15'22"E L584 5.90' S79°26'19"W L553 9.86' N13'56'24"W L585 18.62' 582°54'10"W L554 5.10' N74'48'53"W L586 28.03' N00°33'46"E L555 13.17' S76'03'36"W L587 18.57' S70°32'44"W L556 38.00' N13'56'28"W L588 10.35' 522°21'04"W L557 11.64' S50'07'07"W L589 10.24' N14°07'50"W 765.29' N /F DEL B DAUSMAN OT 63, SECTION 6, WHALEHEAD CLUB ZONED: R02 N /F DENNIS R & JULIE A GOUVEIA LOT 64, SECTION 6, WHALEHEAD CLUB COROLLA DRIVE - 60' RW N/F CURRITUCK COUNTY 438,844 sq. ft. 10.07 acres (D.3. 716, PC. 76) (P.C. "H', SL. 221) N /F GEORGE MEARS LOT 65, SECTION 6, WHALEHEAD CLUB t to 15' WATERLINE EASEMENT 5 L539 WETLANDS . 13, 278, 74 s: f.. L533 NON -JURISDICTIONAL WETLANDS N /F EQUITY TRUST COMPANY LOT 66, SECTION 6, WHALEHEAD CLUB 8 537 / / / / / / , 7) 200 W N O) Cn cd Cr) I 15' ACCESS EASEMENT FOR COROLLA BAY OWNERS N01 °17,5j„W 747 C7 LOT 4 LANDS OF NORTHEASTERN NORTH CAROLINA PROPERTIES LLC D.B. 1266, PG 722 FORMALLY COROLLA COMMERCIAL L.L.C. P.C. "I", SL. 35 N /F JOHN GARDFALO LOT 67, SECTION 6, WHALEHEAD CLUB N 0 0 N /F JEFFREY UNICK LOT 68, SECTION 6, WHALEHEAD CLUB O '(T7E) _• L5 l� L L553 a .th J<Ss2 V L545 t546 , <`S40 L548 WETLANDS 699.23 s.f. /F HARRI •N PORTER LOT 69, SECTION 6, WHALEHEAD CLUB N/F "FOOD LION LLC" PO 30X 1330 SALIS3UY, NC 28145 (COOLLA SHOES) PHASE V P.C. C, SL 356 (COIVIVECIAL NOT TO EXCEED 5.40 AC) PIN 0115-000-003S-0000 C4 C8 L564 MAGNIFIED DETAIL 1"=50' 5„ S13°56'24"E N13°56'24"W NON -JURISDICTIONAL WETLANDS L567 (TIE) C5 U 11V7. WETLANDS(„) 4,200.01 s.f. 'A- N /F VICTOR LOPRETO LOT 70, SECTION 6, WHALEHEAD CLUB SIGN149.69 N76°03'42"E 149.65' L572 � L579 cn(TIE) a) J L577 L5�5 L571 co � J WWTP SITE 52,525 SF - 1.21 AC N76°03'36"E 315 23(7-- /E) WETLANDS 669.69 s.f. 149.53' N /F JOSEPH ELWELL LOT 71, SECTION 6, WHALEHEAD CLUB ZONED: R02 co L583 Z co \ A\, o S13°56'24"E N/F COROLLA L PAS 5 P.C. D, SL L X 100.00'(TIE) L58.9 O O O N 03, 149.53' S13°56'24"E N /F BORISBI HADSHI LOT 72, SECTION 6, WHALEHEAD CLUB ZONED: R02 0 D.U.D. 9-51 N /F VIRGINIA ELECTRIC & POWER CO. N /F COROLLA LIGHT P.U.D. LOT 2 - PHASE 13 P.C. M, SL 114 ZONED: R02 60 0 30 GRAPHIC SCALE 60 120 240 i i 11111 cf) 0 U z SURVEYING, ENGINEERING LuZL,cs 0i,zzo REVISIONS F w F w F w F w z U DESCRIPTION z J H F z 0 U- 0 z 0 z UJ w 0 z 0 cE > z LLJ UJ w 0 z 0 > LLJ z LLJ UJ w 0 z 0 > LLJ 0 z U) UJ CC CC 0 U) z 0 > CC REVIEW & SIGNED w z 0 F U U w > U) z J UJ 0 z 0 C) UJ LLJ z 0 U) 0 0 REVS PER G. WOOD COMMENTS w 0 LO 0 10 LO 0 0,1 0,1 0 0 0 0 M 0 0 0 z N M LC) m 0 �i 0:11 � Orp 11114 O21-1 OD 1014 al wl � 0 O� � w061=1 Ec o4 24 NORTH CAROLINA CURI'ITUCK COUNTY I' O PLA I' BRANCH T WSP DATE: 04/05/05 SCALE: 1'= 60' CHECKED: CFG DRAWN: CLE/MMH PROJECT NO P4.32 ( IN FEET ) 1 inch = 60 ft. CAD FILE: P4,32- WVP SHEET: 1 OF 1 J NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL i i Applicant: CB Develoument, LLC, Mr. Bob Howsare 1 File Number: SAW-2020-02132 Date: 04/28/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D x SECTION Additional or the PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx E of the above decision. Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal 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 completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers 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: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. MI 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 record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Anthony Scarbraugh Washington Regulatory Office U.S Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 If you only have questions regarding also contact: Mr. Philip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15-day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Anthony Scarbraugh, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137, PHILIP.A.SHANNIN@USACE.ARMY.MIL Q:A1999\p99006\Drawings\2020\P99006—CB EAST—NAT39 PLAN.dwg 7\12\2022 2:01 PM Tmurphy NOTES: 1. OWNER/APPLICANT: CB DEVELOPMENT, LLC PO BOX 90 KILL DEVIL HILLS, NC 27948 2. PIN: 9936-44-9230/9936-53-0625/9936-53-0153 3. PID: 11 5E0000PEN 0004/011 500003XE0000/011 500000040000 4. PROPERTY ADDRESS: 0 OCEAN TRAIL 5. TOTAL LOT AREA (THREE PARCELS) = +/-566,280 SF / 13.0 AC. 6. SUBJECT REFERENCES: DB 1585, PG 260, 264; PC J, SL 19,. PC L, SL 177 7. BOUNDARY INFORMATION SHOWN BASED ON PC J, SL 198 AND PC L, SL 177 8. WETLAND LINES SHOWN AS PER MAP BY COASTAL ENGINEERING & SURVEYING, DATED 04/05/05, AND USACE JURISDICTIONAL DETERMINATION SAW-2020-02132. 9. TOTAL PROPOSED WETLAND FILL: 18,991 SF (0.44 ac.) ( HERRIN& STREET HERRING STREET 48888, PROPOSED STORMWATER BASIN i l 11) '641, \V N/F LOT bl SECT. b HHALEHEAD CLUB PC 3, SL 69 i LOT 62 SECT. 6 WHALEHEAD CLUB PC 3, SL 69 oc,4 PROPOSED COMMERICAL & RESIDENTIAL DEVELOPMENT CONCEPT LOT 63 SECT. b HHALEHEAD CLUB PC3,5L69 L I_ I LEGEN I rvi PROPOSED NATIONWIDE 39 FILL (9,866 SF) PROPOSED NATIONWIDE 29 FILL (9,125 SF) N/F COROLLA BAY OPEN SPACE PCH,SL22/ PROPOSED COMMERICAL & RESIDENTIAL DEVELOPMENT CONCEPT N/F LOT 64 SECT. b HHALEHEAD CLUB PCA,Si_ 69 LOT 655EGT.6 HHALEHEAD CLUB P.G. 3, L. 69 _ PROPOSED NATIONWIDE 39 WETLAND FILL 4,849 S\� NOTE: THIS DOCUMENT IS PRELIMINARY — NOT FOR CONSTRUCTION, RECORDATION, SALES OR CONVEYANCES — THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF THIS INFORMATION. Imaaaftesoine PROPOSED NATIONWIDE 29 WETLAND FILL 8,425 SF PROPOSED NATIONWIDE 29 WETLAND FILL 700 SF PROPOSED NATIONWIDE 39 WETLAND FILL 3,469 SF N/F COROLLA SHORES, PHASE 5 DB 563, PG 732 PROPOSED NATIONWIDE 39_ WETLAND FILL 204 SF I FTT III l WETLAND LINE PER SAW-2020-02I32 PROPOSED COMMERICAL & RESIDENTIAL DEVELOPMENT CONCEPT N -T1 I T LOT 66 SECT. 6 HHALEHEAD CLUB PC3,5L69 COROLLA DRIVE LOT 67 SECT. 6 HHALEHEAD CLUB PC3,5L69 LOT 68 SECT, b HHALEHEAD CLUB PG3,SLb9 LOT 69 SECT. 6 WHALEHEAD CLUB PC 3, SL 69 LOT 70 SECT. 6 J'VHALEHEAD CLUB PC3,SL69 _L PROPOSED NATIONWIDE 39 WETLAND FILL 677 SF CRUZ BAY LN CURRITUGK SouND CRUZ BAY CT ATLANTIC OCEAN en miNT; • • VICINITY MAP Mom! PROPOSED NATIONWIDE 39_ WETLAND FILL 667 SF L-'I II I I I N/F LOT 7/ SECT. 6 WHALEHEAD CLUB PC3,Si_ 69 LOT 72 SECT, b HHALEHEAD CLUB PC3,SL69 i i i i i N/F COROLLA LIGHT PUD DB 253, PG 858 N/F LOT 2PHASE /3 COROLLA LIGHT PUD PGM,SL114 8ARRAGI DA STREET GRAPHIC SCALE 80' 0 40' 80' 160' ( IN FEET ) 1 inch = 80' ft. NC License#: C-0208 SINCE 1959 z 0 C) Lill Lr Liu AT BLACK MTN. OFFICE* W 0 0 Z Q if Fa > CD z z z� Lill O z z� ' ES u LLll O z CO CO ^ 0 N U C.)o0 0 I z _ P, 03 Z ,2 oN o a cn "- CC O N.� , ul U V J ...-n U C ccoo03 o E v_1o_cv Do m m m 0 PRELIMINARY NOT FOR CONSTRUCTION C€RTIFOCATION z .^l NATIONWIDE NORTH CAROLINA PROJECT NO. P99006 DRAWN BY ATM CHECKED BY BDR SCALE 1"=80' ISSUE DATE 07/12/22 The Great Dismal Swamp RestorationBank, £CC P. O. Box 6186 Phone (757) 487-3441 Chesapeake, VA 23323 Fax (757) 487-8680 July 7, 2022 Troy Murphy Quible &Associates, P.C. PO Drawer 870 Kitty Hawk, NC 27949 RE: 0 Ocean Trail (NC HWY 12 N) Corolla, NC 27927 Dear Mr. Murphy: The following price quote is given in reply to your request for the purchase of 0.88 Non-Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm.These credits are currently available from our Timberlake mitigation bank. The cost will be Thirty-Five Thousand, Two Hundred Dollars ($ 35,200.00). This quote will expire on September 30, 2022. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project#: Pending Waterway: Non Riparian Permittee Name: CB Development, LLC Locality of Impact: Corolla, NC Permit action (i.e., IP, NWP-39, enforcement, etc.) Impacts (acres/linear feet): (2:1) 0.44/0.88 Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote this project. We look forward to working with you. Sincerely, Beverly M. hite Manager— ccounting/Sales GDSRB DocuSign Envelope ID: 7A9378A5-77FF-43B2-B131-5617E8EF39E3 RE: CB Land Development, LLC Corolla, Currituck County, NC As owner, I authorize Quible & Associates, P.C. (Quible) to apply for and receive a Nationwide #39 Permit through the US Army Corps of Engineers (USACE) and a 401 Water Quality Certification through NCDWR if necessary. And, I authorize USACE and NCDWR to access the above referenced property as necessary for the same purpose. DocuSigned by: i erif Au1}a rwcl TT95Fc,3ti41 tt... Authorized Signature Name: Sumit Gupta 6/29/2022 Date: