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Home My WebLink About20240281 Ver 1_USACE Permit_20240514DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON FIELD OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 May 14, 2024 Regulatory Division SAW-2024-00337 Sent Via email: alusamgmt@aol.com Mike Edwards Alusa Management LLC 103-A Bluewater Lane Surf City, NC 28445 Dear Mr. Edwards: This letter is in response to the Pre -Construction Notification (PCN) you submitted to the Wilmington District, Wilmington Field Office on February 14, 2024, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2024-00337 and is known as Hurricane Hole North. This file number should be referenced in all correspondence concerning this project. A review of the information provided indicates that the proposed work would include the permanent discharge dredged/fill material in 0.38 acre of wetlands and 0.09 acres of temporary impacts to facilitate the installation of 2 road crossings and one storage building for the construction of a multi -unit storage facility. The project area for this determination includes a 9.0 acre(s) area which is illustrated on the enclosed site plans/maps. The project/review area is located at 8759 Wilmington Highway (NC Highway 17), at Latitude 34.513100 and Longitude-77.522890; in Holly Ridge, Onslow County, North Carolina. We have determined that the proposed work is authorized by Nationwide Permit 39 — Commercial Developments pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.0 § 1344). The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the special conditions listed in this letter, the application materials, and the enclosed plans. If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action. This verification is valid until March 15, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. Project Specific Special Conditions: 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps' (Katharine Elks, 910-251- 4567, Katharine. B.Elks(@,usace.army.mil) to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work. This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required. If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Katharine Elks, Regulatory Specialist of the Wilmington Field Office at 910-251-4567, by mail at the above address, or by email at Katharine.B.Elks@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Sincerely, Ka+h d r� n e Digitally signed by 1 Katharine Elks E �� Date: 2024.05.14 Kat anne E!i,s 10:43:00 04'00' Regulatory Specialist, Wilmington Field Office Enclosures: Hurricane Hole — North Boat and RV Storage Wetland Impacts Map — Sheet 1-4, dated 1 /11 /2024, revised 5/7/2024 US Army Corps of Engineers — Wilmington District Compensatory Mitigation Responsibility Transfer Form Preliminary Jurisdictional Determination Cc (w/enclosures): Anthony Moctezuma, Tidewater Associates INC (via toctezuma@tidewaterenc.com) Michael Meilinger, NC DWR Todd Tugwell, USACE Mitigation Branch Notes: 1. Work to reroute the existing drainage shall be done during periods of dry weather. In the event that a rainfall should occur during construction, the contractor shall pump around site drainage to a sediment trap or basin to prevent any additional impacts to the stream. 2. Wetland crossings: initial disturbance of these areas shall be limited to only that area minimally needed to allow passage of construction equipment to prepare for the installation of the crossing and to execute upland construction on the opposing side of the crossing. Grubbing or land disturbance of the subject area shall not be performed until the culverts, backf ill material, erosion and sediment control materials or devices sufficient to substantially complete the construction and stabilization of the crossing are staged or stockpiled at the location. Due consideration shall be given to impending inclement weather conditions that may adversely affect the completion of the crossing in the shortest time practicable. 3. Drainage work shall be completed in the minimum time necessary. 4. Stream and Wetlands information taken from Construction Sequence: 4. No construction of the drainage for the wetland impact shall commence until all materials needed for the impact are staged on site, and the temporary dams are installed to impede flows. 5. Establish clearing limits per approved plans. Clear and grub impact area as needed. Immediately install the temporary dams upslope of the headwall. Temporary seed and mulch disturbed area. Do not clear or disturb any unpermitted areas. 6. Install drainage. Fill, compact and finish grade area. 7. Install permanent ground cover (sod) on slopes near the headwall and pipe outlet. 8. Install silt fence at toe of fill slope and as needed to prevent erosion. 9. See the construction plans for additional details. 10. See wetlands permit for additional requirements. II II ! r Impact Wetlands J #i Line / Ac. (TYp•) Lrem 1 6\ ex. 30' ingress, egress, regress, drainage 6 utility easement J� 0 Rev. 05/07/24 ELB - Revise Sheet Numbers Project: Hurricane Hole - North Boat and RV Storage 8759 Wilmington Hwy. Stump Sound Twp., Onslow Co., North Carolina Wetlands Impact Notes: 1. Establish clearing limits per approved plans. Clear and grub area as needed. Immediately install silt fence at the wetlands line, and along existing creek top of bank. Install erosion control fabric along ditch banks. Do not clear or disturb any unpermitted areas. 2. No construction of the crossing shall commence in the wetlands until all materials needed for the crossing are staged on site. 3. When possible, work in the wetlands shall be done during periods of dry weather. 4. Work in the wetlands shall be completed in the minimum time necessary. 5. Contractor shall install temporary sand bags and/or sheet pilings in the stream prior to construction and bypass water as needed via a pump around. Pump around shall discharge into a rip rap lined basin or a sediment bag to keep sediment out of stream. 6. During excavation, stockpile the top 12"± of topsoil, and reuse topsoil as the top layer of soil when backfilling. 7. Install silt fence at top of ditch bank and at wetlands line to prevent erosion. 8. If wetland areas are disturbed, outside of the impact areas, they shall be regraded to original contours using topsoil for the top layer, and the stream banks shall be seeded, with annual seed, then lined with high velocity excelsior matting then staked with live willow stakes at 3' on center to stabilize the banks to 5' beyond the top of bank. 9. See rest of design plans for additional detail. 10. See wetlands permit for additional requirements. David L. Lollar D.B. 459, Pg. 548 M.B. 01, Pg. 133 Undeveloped Pin: 424804502787 HB Zone // f-- 1' Swale to Connect Wetlands _'\ CLDitch J 59.00 / Permanent Impact Area #2 ,Ditch J ) 0.08 Ac. J 60.00 OK J — — — — — — — — — - � -- -- /� rLDitch 58.00 A10, 41.e 3"er P9 e'o 1-1 Impact Area #2 �� v 0.19Ac. �ov Vicinity Sketch Not to Scale Sand 5Y ) Ottawa), Associates, LLC � Filter / , - D.B. 5950, Pg. 767 M.B. 83, Pg. 202 Undeveloped A Pin: 424700595734 X: ) _ /. ) cJ HB Zone Wetlands Wetlands Line Line Typ.) TYP I ` �f'' i 1 '� ,s'`� ` ✓ 1 Keith J. & Tracey O. Sink D.B.1453, Pg. 992 M.B. 01, Pg.133 Single Family Pin: 424800409335 HB Zone Legend: Ac. - Acre D.B. - Deed Book M.B. - Map Book Pg. - Page R/W - Right-of-way r (TYP•) - Typical I - Permanent Impact Temporary Impact - Wetlands Wetlands Impacts -Map --Sheet 1 of 4 Owners: "=20 GRAPHIC SCALE: 1"=200' TIDEWATER ASSOCIATES, INC. Alusa Management LLC � Scale: 1"=200' Scale: Field book: N/A 0 100 200 400 600 Consulting Engineers -Land Surveyors -Land Planners (919) 909-4221 File Name: Hurricane Hole - Wetlands Impact.dwg MW Jacksonville, North Carolina 103 A BLuewater Lane Disk Name: Acad 3195 P.O. Box 976 - 306 New Bridge Street - 28540 Surf City, NC 28445 Drawn: ELB Job No.: C230711-8404 FEET Phone (910) 455-2414 - www.TidewaterENC.com Est. 1961 Firm License Number: F-0108 CJ David L. Lollar D.B. 459, Pg. 548 M.B. 01, Pg. 133 Undeveloped Pin:424804502787 / \ HB Zone J 1 I I Keith J. A Tracey O. Sink D.B.1453, Pg. 992 M.B. 01, Pg. 133 Single Family Pin: 424800409335 HB Zone Rev. 05/07/24 ELB - Revise Sheet Numbers Project: Hurricane Hole - North Boat and RV Storage 8759 Wilmington Hwy. Stump Sound Twp., Onslow Co., North Carolina � �►' W I W1. Owners: Alusa Management, LLC (919) 909-4221 103 A BLuewater Lane Surf City, NC 28445 Norri 4f.8 3Pet, P9 202 ZE 55 50 W 0+00 0+50 1+00 Profile View Scale: 1"=40' Horiz. 1"=4' Vert. Wetlands Impacts Map - Sheet 2 of 4 Date: 1/11/24 Scale: 1"=40' Field book: N/A File Name: Hurricane Hole - Wetlands Impact.dwg Disk Name: Acad 3195 Drawn: ELB Job No.: C230711-8404 GRAPHIC SCALE: 1 "=40' 0 40 80 120 FEET Legend: Ac. - Acre CL- Centerline D.B. - Deed Book Inv. - Invert M.B. - Map Book Pg. - Page R - Radius RCP - Reinforced Concrete Pipe RRA - Rip Rap Apron (Typ.) - Typical YI -Yard Inlet O- Pipe Label i— -Flow Permanent Impact J—� - Sign 63.50 x - Spot Elevation - Temporary Impact W Wetlands TIDEWATER ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners Jacksonville, North Carolina P.O. Box 976 - 306 New Bridge Street - 28540 Phone (910) 455-2414 - www.TidewaterENC.com Est. 1961 Firm License Number: F-0108 C Rev. 05/07/24 ELB - Revise Sheet Numbers Project: Hurricane Hole - North Boat and RV Storage 8759 Wilmington Hwy. Stump Sound Twp., Onslow Co., North Carolina Owners: Alusa Management, LLC (919)909-4221 103 A BLuewater lane Surf City, NC 28445 David L. Lollar D.B. 459, Pg. 548 Wetlands Impacts Map - Sheet 3 of 4 Date: 1/11/24 Scale: 1"=40' Field book: N/A File Name: Hurricane Hole - Wetlands Impact.dwg Disk Name: Acad 3195 Drawn: ELB Job No.: C230711-8404 I GRAPHIC SCALE: 1 "=40' 0 40 80 120 FEET >2 N Legend: Ac. - Acre rL- Centerline D.B. - Deed Book Inv. - Invert M.B.- Map Book Pg. - Page R - Radius RCP - Reinforced Concrete Pipe RRA - Rip Rap Apron (Typ.) - Typical YI -Yard Inlet O- Pipe Label f -Flow Permanent Impact �- -Sign 63.50 x - Spot Elevation - Temporary Impact W W . Wetlands TIDEWATER ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners Jacksonville, North Carolina P.O. Box 976 - 306 New Bridge Street - 28540 Phone (910) 455-2414 - www.TidewaterENC.com Est. 1961 Firm License Number: F-0108 V w a Ln In cM N N Ln L 3 aF' Project: Hurricane Hole - North Boat and RV Storage 8759 Wilmington Hwy. Stump Sound Twp., Onslow Co., North Carolina A?- V. Permanent Impact `� p Area #2 0.08 Ac. ) W J I W I W W J I / / / Owners: Alusa Management, LLC (919) 909-4221 103 A BL.uewater Lane Surf City, NC 28445 �w W_ W M.e^3per P9 �02 / CLbitch CLDitch 60.00 V Swale to / Connect Wetlands / 61 IrLbitchl Due to other Utlities and 58.00 Site Elevation, Hydrology / in the Impact Area #2 Will / be Rerouted to the Impact Area #3 to Maintain W Connectivity and Flow i � � W 1 - 1 ,\ I \ \ Impact \ \ Area #2 \ \ 0.19 Ac. "No Parking" ) Fire Lane Sign I I ' YI Top 62.20 I Inv. 57.00 I 1 II r I J 64.60 ) J Wetlands Impacts Map - Sheet 4 of 4 Date: 1/11/24 Scale: 1"=40' Field book: N/A File Name: Hurricane Hole - Wetlands Impact.dwg Disk Name: Acad 3195 Drawn: ELB Job No.: C230711-8404 GRAPHIC SCALE: 1 "=40' 0 40 80 120 1 FEET LegL end: Ac. - Acre CL- Centerline D.B. - Deed Book Inv. - Invert M.B. - Map Book Pg. - Page R - Radius RCP - Reinforced Concrete Pipe RRA - Rip Rap Apron (Typ.) - Typical YI -Yard Inlet O- Pipe Label -ami— -Flow Permanent Impact —� -Sign 63.50 x - Spot Elevation - Temporary Impact Wetlands W TIDEWATER ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners Jacksonville, North Carolina P.O. Box 976 - 306 New Bridge Street - 28540 Phone (910) 455-2414 - www.TidewaterENC.com Est. 1961 Firm License Number: F-0108 Compliance Certification Form File Number: SAW-2024-00337 County: Onslow Permittee: Alusa Management LLC, Mike Edwards Project Name: Hurricane Hole North Date Verification Issued: 5/14/2024 Project Manager: Katharine Elks 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 Attn: Katharine Elks Wilmington Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 or Katharine.B.Elks@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. hereby certify that the work, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions. Date Authorized Work Started: Completed: Describe any deviations from permit (attach drawing(s) depicting the deviations): *Note: The description of any deviations on this form does not constitute approval by the Corps. Signature of Permittee Date US Army Corps of Engineers — Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Mike Edwards Action ID: SAW-2024-00337 Project Name: Hurricane Hole North County: Onslow Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03020302 Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.38 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020302 Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-777qO.76 Non-Riparian Coastal Mitigation Site Debited: Bachelors Delight Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON FIELD OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 May 14, 2024 USACE Wilmington District — MRTF Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Katharine Elks USACE Field Office: Wilmington Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington Email: Katharine.B.Elks@usace.army.mil Digitally signed by Katharine Elks Katharine E I ks Date: 2024.05.14 10:43:33-04'00' Wilmington District Project Manager Signature May 14, 2024 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mi1. DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON FIELD OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 May 14, 2024 Regulatory Program/Division Sent Via email: alusamgmt@aol.com �nzaxmFr�:� Alusa Management LLC 103-A Bluewater Lane Surf City, NC 28445 Dear Mr. Edwards: This letter is in response to your request to the Wilmington District, Wilmington Field Office for a preliminary jurisdictional determination (PJD). The project/review area is located at 8759 Wilmington Highway (NC Highway 17), at Latitude 34.513100 and Longitude-77.522890; in Holly Ridge, Onslow County, North Carolina. The review area for this determination is limited to an approximately 9.0 acre(s) area comprised of 1 parcel (parcel number: 424800418090), which is illustrated on the enclosed site maps. This project has been assigned the file number SAW-2024-00337 (Hurricane Hole North). This file number should be referenced in all correspondence concerning this project. Based on our review of the information you furnished, a site inspection conducted on March 6, 2024, and other information available to our office, we have preliminarily determined the above -referenced area may contain approximately 0.95 acre(s) of waters of the United States under the U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. These waters are identified in the enclosed site maps, Field Sketch of Wetlands 8759 Wilmington Hwy. dated February 20, 2024, and include four (4) wetland areas. This determination was made in accordance with the Corps regulatory authority pursuant to Section 404 of the Clean Water Act, and based upon criteria contained in the 1987 Corps of Engineers Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain regional supplement. Section 404 of the Clean Water Act requires a Department of the Army (DA) permit be obtained prior to the discharge of dredged or fill material into waters of the United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a DA permit be obtained for any work in, on, over or under navigable waters of the United States. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made based on a preliminary jurisdictional determination will treat all waters including 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 jurisdictional determination, which is an appealable action, by contacting the Corps district for further instructions. Please sign and return the attached PJD form within 30 days of receipt. If a signed PJD form is not received within 30 days of the date of this letter, the Corps will presume concurrence. This determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the review area identified in this request. The 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. You are cautioned that work performed in areas which may be waters of the United States, as indicated in the preliminary JD, without a Department of the Army permit could subject you to enforcement action. If you have any questions concerning this correspondence, please contact Katharine Elks, Regulatory Specialist of the Wilmington Field Office at 910-251-4567, by mail at the above address, or by email at Katharine.B.Elks@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.miI/customer-service-survey/. Sincerely, Katharine Elks Katharine Elks Regulatory Specialist, Office Enclosures: Field Sketch of Wetlands 8759 Wilmington Hwy, 02/20/2024 cc: Anthony Moctezuma, Tidewater Associates INC (via toctezuma@tidewaterenc.com) ENG FORM 6249, NOV 2023 Page 16 of 2 Digitally signed by Katharine Elks Date: 2024.05.14 10:44:24-04'00' Wilmington Field r IitONOr_ q Potential Wetland Waters of the US Project Area Data Point 0 ft 2511 fr 5011 fr lud Map Source: 2020 INC Statewide Orthoimagery Field Sketch of Wetlands N All lines are approximate and should be used for 8759 Wilmington Hwy &SE �' planning purposes only. Holly Ridge, Onslow Co., N.C. 02/ 20/ 2024 023-024.01 U.S. Army Corps of Engineers (USACE) Form Approved - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) OMB No. 0710-0024 For use of this form, see Sec 404 CWA, Sec 10 RHA, Sec 103 MPRSA; the proponent agency is CECW-COR. Expires 2024-04-30 DATA REQUIRED BY THE PRIVACY ACT OF 1974 Authority Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts 320-332. Principal Purpose The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the review area that may be subject to federal jurisdiction 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 or FOIA request as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in any resulting jurisdictional determination (JD), which may be made available to the public on the District's website and/or on the Headquarters USACE website. Disclosure Submission of requested information is voluntary; however, if information is not provided, the request for a JD cannot be evaluated nor can a PJD be issued. The Agency Disclosure Notice (ADN) The public reporting burden for this collection of information, 0710-0024, is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections(cDmail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. SECTION I - BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 5/14/2024 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mike Edwards 103-A Bluewater Lane, Surf City, NC 28445 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington , Hurricane Hole North, SAW-2024-00337 D. PROJECT LOCATION AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/Parish/Borough: Onslow City: Holly Ridge Center coordinates of site (lat/long in degree decimal format): Latitude: 34.513100' Longitude:-77.522890' Universal Transverse Mercator: Name of nearest waterbody: King Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THATAPPLY): ❑X Office (Desk) Determination. Date: 5/14/2024 ❑X Field Determination Date(s): 3/6/2024 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude Longitude Estimated amount of Type of aquatic Geographic authority to which (decimal (decimal aquatic resources in resources (i.e., wetland the aquatic resource "may be" degrees) degrees) review area (acreage vs. non -wetland waters) subject (i.e., Section 404 or and linear feet, if Section 10/404) applicable PWWUS 1 34.51375 -77.52295 0.22 ACRE(S) PFO-PALUSTRINE, Section 404 FORESTED -1- PWWUS 2 34.51238 -77.52253 0.2 ACRE(S) PFO-PALUSTRINE, Section 404 FORESTED PWWUS 3 34.51174 -77.52213 0.21 ACRE(S) PFO-PALUSTRINE, Section 404 FORESTED PWWUS 4 34.5106 -77.52196 0.32 ACRE(S) PFO-PALUSTRINE, Section 404 FORESTED 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 "preconstruction 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 selected to seek a permit authorization based on a PJD or no JD whatsoever, which do 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 USACE 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 or reliance on no JD whatsoever; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of USACE permit authorization based on a PJD or no JD whatsoever 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 USACE 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: F. 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: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Field Sketch of Wetlands 8759 Wilmington Hwy. dated 2/20/2024 ❑x Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑x Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the USACE: ❑ 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: USA Topo ❑X USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: SSURGO Data ❑ National Wetlands Inventory map(s). -2- ❑ State/Local Wetland Inventory map(s): ❑ FEMA/FIRM maps: ❑X Photographs: ❑X Aerial (Name & Date): 2020 NC Statewide Orthoimagery or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑X Other information (please specify): QL2 lidar dated 1/1/2014 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the USACE and should not be relied upon for later jurisdictional determinations. Name of Regulatory Staff Member Completing PJD Date Signature of Regulatory Staff Member Completing PJD Katharine Elks 5/14/2024 Digitally signed by Katharine Katharine Elks Ells Date: 2024.05.14 10:45:10 -04'00' Name of Person Requesting PJD Date Signature of Person Requesting PJD (REQUIRED, unless obtaining the Signature is Impracticable Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. -3- NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mike Edwards, Alusa Management LLC I File Number: SAW-2024-00337 Date: 5/14/2024 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 WITHOUT PREJUDICE C ❑ PERMIT DENIAL WITH PREJUDICE D ❑ APPROVED JURISDICTIONAL DETERMINATION E ❑x PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.miI/Missions/Civil-Works/Regulatory- Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its 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. 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. -1- C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. • RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable 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. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you If you have questions regarding the appeal process, or may contact: to submit your request for appeal, you may contact: District Engineer, Wilmington Regulatory Division Krista Sabin Attn: Katharine Elks Regulatory Administrative Appeal Review Officer Wilmington District U.S. Army Corps of Engineers U.S. Army Corps of Engineers 69 Darlington Avenue South Atlantic Wilmington, North Carolina 28403 60 Forsyth Street Room M9 Atlanta, Georgia 30303-8801 Phone: 904-314-9631 Email: Krista.D.Sabin@usace.army.mil SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT -2- REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. 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. 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: Signature of appellant or agent. Email address of appellant and/or agent: Telephone number: -3-