HomeMy WebLinkAbout20151072 Ver 2_401 Application_20160116January 18, 2016
NC Division of Water Resources
Attn: Jennifer Burdette
1650 Mail Service Center
Raleigh, NC 27699-1650
�(S�() �-
ARM
Geothermal, Environmental,
& Well Drilling
RE: Unauthorized Activity Remediation, Lot 12 Kings Ransom
Ms. Burdette:
Ms. Lisa Salemi has contracted with Applied Resource Management, PC to a:
with correcting previous unauthorized activity within a wetland area previously
delineated by Applied Resource Management.
t o
rAV GfN 2 8 2016
This wetland area has been impacted in two areas. The first was an unauthorized ditch
that extended approximately sixty (60) feet into the wetland area as shown on the
attached site plan. The second impact was the installation of a culvert within the
streambed that caused erosion of sediment into the stream. Ms. Salemi's goal was to
re-establish the unauthorized impact by the unauthorized ditch and to properly apply for
an after the fact permit for the small crossing noted. Please find included in this
package the items noted below:
• Narrative of Corrective Action: Unauthorized Ditch
• Narrative of Corrective Action: Unauthorized Crossing
• Figure 1: Site Plan, Unauthorized Ditch
• Pre -Construction Notice for Nationwide Permit 29
• Driveway Crossing Exhibit; Intracoastal Engineering
Please note that to date, the unauthorized activities have been properly remedied and
approved by Ms. Joanne Steenhuis.
If you have any questions or need additional information, please do not hesitate to contact
our office at (910) 270-2919 or you can email me at gene_arm@bellsouth.net.
Sincerely,
1 /11") ____ S
Gene Yo E.H.
Environmental Scientist
Enclosures
Applied Reoource Management, FG
P. 0. Box 882, 257 Transfer Station Poad, Hampstead, NG 28443, 910.270.2919, Fax 910.270.2988
January 8, 2016
NCDENR-Division of Water Resources
Attn: Joanne Steenhuis
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
-"4
ARM
Geothermal, Environmental,
& Well Drilling
RE: Unauthorized Activity Remediation, Lot 12 Kings Ransom
Ms. Steenhuis:
Please accept the following as a narrative of the proposed corrective actions for the
unauthorized activity within the wetland areas and noted as an unauthorized ditch. The
existing ditch impacts approximately sixty (60) feet of wetland area and has an average
depth of 1.5 feet within the wetland. The following corrective actions are proposed.
• The existing ditch between Kings Ransom and the delineated wetland is to be
backfilled with a minimum Soil Group II backfill to match the invert of the existing
stormwater feature. The swale is then to fan out to match existing grade of the
adjacent soils.
• Silt fence is to be installed upland of the wetland area to prevent erosion of
sediment into the wetland area.
• Sediment piles currently in the wetland are to be relocated to the ditch prior to
installation of additional backfill.
• The ditch within the wetland area is to be backfilled with a soil noted to be Soil
Group I to a point that is 6-8 inches below the natural grade. The remaining 6-8
inches is to be backfilled with an organic topsoil to match existing grade.
• The backfilled ditch is to be stabilized with jute batten bundles installed
perpendicular to contour and straw is to be installed to prevent surface erosion of
soil. The area is to be seeded with grass to stabilize the area.
• Woody plants that tolerate wetland conditions should be planted during the
growing season in order to re-establish vegetated conditions within the wetland if
initial stabilization efforts are not successful. Typical wetland species could
include wax myrtle, red bay, grasses, etc.
If you have any questions or need additional information, please do not hesitate to contact
our office at (910) 270-2919 or you can email me at gene_arm@bellsouth.net.
Sincerely,
S
Gene Yo E.H.S.
Environmental Scientist Applied Resource Management, PC
P 0. Box 882, 257 Transfer Station Road, Hampstead, NG 28443, 910.270.2919, Fax 910.270.2988
January 8, 2016
N(..nFNR_nivicinn of \A1!PfPr R?cni irrpc
Attn: Joanne Steenhuis
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Unauthorized Activity Remediation, Lot 12 Kings Ransom
Ms. Steenhuis:
Geothermal, Environmental,
& Well Drilling
Please accept the following as a narrative of the proposed corrective actions for the
unauthorized activity within the wetland areas and noted as an unauthorized crossing.
The culvert impacts approximately twenty (20) feet of stream bed. The following
corrective actions are proposed.
• Silt fence is to be installed upland of the wetland area to prevent erosion of
sediment into the wetland area.
• Sediment piles currently in the stream associated with the culvert are to be
removed prior to removing the culvert.
• Once the sediment piles are removed, the culvert is to be removed from the
stream bed and the slopes are to be stabilized with straw.
• A pre -construction notice (PCN) is included that details the proposed appropriate
driveway crossing design from Intracoastal Engineering.
If you have any questions or need additional information, please do not hesitate to contact
our office at (910) 270-2919 or you can email me at gene_arm@bellsouth.net.
Sincerely,
Gene Yo E.H.S.
Environmental Scientist
Enclosures
Applied Kcoource Management, FC
P. 0. Box 882, 257 Transfer station Road, Hampstead, NC 28443, 910.270.2919, Fax 910.270.2988
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WETLAND BOUNDARY
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Area of proposed
driveway crossing.
Silt fence
' - ; Ditch to be
��t,lOcj backfilled and stabilized
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1 1
1
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L57 L26 L27 L28
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• — • — Existing Ditch
Proposed Silt Fence
J t
i t
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Note: 1. Silt fencing to be installed outside wetland areas to prevent further erosion of soils into wetlands.
I I
2. Sedimentation within wetland areas and stream bed are to be removed by hand and placed outside 3C
wetland areas. I dCE
!
3. Ditches are to be properly backfilled, stabilized and vegetated to prevent further erosion of soils into wetlands. i '
4. US Army Corps of Engineers and NCDENR representatives are to be contacted for verification once work is
completed.
Map adapted from survey provided by Gaily Canady Land Surveying dated 6/19/1 4
Applied Resource
Management:fF" C.)j L
Hampstead, NG43
TITLE: Kings Ransom S/D
Lot 12
JOB: SCALE: I DATE:
14092 1 "-40' 11/21/14
GY
FIGURE:
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o`�TF'
C.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
X❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ No
For the record only for Corps Permit:
0 Yes ❑ No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
0 Yes ❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2.
Project Information
2a.
Name of project:
Lisa Salemi - Kings Ransom Lot 12
2b.
County:
Pender
2c.
Nearest municipality / town:
Hampstead
2d.
Subdivision name:
Kings Ransom Lot 12
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Lisa Salemi-Haves
3b.
Deed Book and Page No.
4532/233
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
126 Yacht Basin Landing
3e.
City, state, zip:
Hampstead, NC 28443
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
lisalemi37@gmail.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner•)
4a. Applicant is:
�X Agent Other, specify.-
pecify:4b.
4b.Name:„ ,
Gene Young,-REHS-
4c. Business_ name .
(if applicable):
Applied Resource Management
4d. Street address:
257 Transfer Station RD
4e. City, state.,zip:
Hampstead, NC 28443
4f. Telephone no.:
910-.6174914
4g; Fax no.:.
$10-270-2988
4h. Email address:
gene_arm@bellsouth.net
5. Agent/Consultant information (if abplicable)
5a. Name:
same as above
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e:. Telephone no::
5f. Fax no.:
5g. Email address:
B-. Project Information and Prior Project History
1: Property Identification
1a. Property identification no. (tax PIN or parcel ID):
4203-51-5690-0000
1 b. Site coordinates (in decimal degrees):
Latitude: 34.378893 Long! fude: -77.655458
1c. Property size:
3.87 acres
2. Surface. Waters
2a: Name of nearest body of water to proposed project:
Old Topsail Creek
2b. Water Quality Classification of nearest receiving water;
2c. River basin:
Cape Fear:
3. . Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project.at the time of this
application:
This site is currently wooded in a residential neighborhood. The site has an unapproved impact to the stream in the form of a polyethglene culvert that
is improperly installed and is increasing erosion of the surrounding stream bank.
3b. List the total estimated acreage of all existing wetlands on the property: 0.55
3c.. List the total estimated linear feet of 611 existing streams ('intermittent and perennial) on: the property: 370
3d. Explain the purpose of the proposed project:
This project is to allow a minimal driveway access to the rear'of the property to access a building area entirely in Uplands.,-T&_.,
i*�t- wh ll (x -emv xd Qfiar-{o uts{u. 6&4-i -
3e. Describe the overall project in detail, including the type, of equipment to be used: ....
This project will construct a driveway using typical construction e9uipment such as backhoes, excavators, dump trucks, etc. Stl-i
�o iA seaS'Jh cht true �Oybdl O�G�c , -
4. - Jurisdictlonal Determinations .
4a. Have jurisdictional wetlan.d or'stream determinations bV the
Corps or State been requested or obtained for this property I
project (includingall-prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: Action ID 2014-01778
4b.- If the. Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary Q Final
4c:. If yes, who delineated the jurisdictional areas?
Name (if known): Gene:Young, REHS
Agency/Consultant Company: Applied Resource Management
Other:
4d. If yes, list the dates of the Co_ rps jurisdictional determinations or State determinations and attach documentation.
Action 102014-01778 dated 1-12/15
5. Project History
5a. Have permits or certifications been, requested or obtained for
this project (including all prior phases)'in the past?
Yes MX No ❑Unknown
5b. If yes, explain in detail'according to "help file" instructions.
6. Future Project Plans
6a.--Is this a phased project?
❑Yes ❑x No
6b.. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑x Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Wafers ❑ Pond Construction
2. Wetland impacts
If there are wetland impacts proposed on_thesite, then complete -this question for each.wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Tem ora T
2b. -
Type of impact
2c:
Type of wetland
2d.
Forested
2e:
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of.
impact
-(acres)
W1 p-
Culvert
Bottomland Hardwood Forest
Yes/No-
Corps'
0.01
W2 -
Choose one- .
Choose one
Yes/No
W3'-
Choose one
Choose one
Yes/No
-
W4 -
Choose one-
Choose one.
Yes/No
-
W5 -
Choose one-
Chooseone - -
Yes/No
W6. -
Choose one
Choose one
Yes/Nd...
-
2g. Total.Wetland Impacts:
0.01
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed .on the site, then -complete this
question for all stream sites impacted:
3a.
Stream impact
number
Permanent (P) or
Temporary:(T)
3b,
Type of impact
3c.
'Stream name
3d.
Perennial (PER) or
intermittent (INT)?,
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
39.
Impact
length
(linear.
feet)"
Si- P
Culvert
unnamed tributary ;
; PER
DWQ
3
30
32 -
Choose one ::. .
S3 -
Choose one
-
84 -
Choose one
-
S5 -
Choose one
-
-
S6 -
Choose one - -
3h. Total stream and tributary impacts
30
31. Comments:
Page 4 of 10
PCN Form = Version _1_.4 January 2009
4. Open Water -impacts
If there are proposed impacts to lakes, "pontis, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all o en water Impacts below.
4a.
Open water
impact number,
Permanent (P.) or
Temporary T
4b.
" . Name of waterbody
(if applicable)
46
'-Type of impact
4d. _...
Mterbody
type :"
4e.
Area_of.impact (acres)
....
01 -
Choose one
Choose
62"
Choose 'one '
Choose .... - .
03 -
Choose one
Choose
04' -
Choose one ........
Choose
4f .:Total open water inpacts:.
..
4g. Comments:'
5. on :or: Lake Construction
If pond or, cake construction Proposed,. the complete the. chart below.
5a.....
Pond ID number'.
5b.
.. Proposed use or -
purpose of pond
5c.
Wetland Impacts (acres)
5d::..
Stream Impacts (feet).
5e.
Upland
:(acres).
Flooded
Filled
Excavated'
" Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
•
5g Comments:
5h. Is a dam high hazard permit required?
❑ Y.es: ❑ No.-- If yes, permit ID no: ..
5i..-: Expected pond: surface.area (acres): .:
5j: Size of: pond watershed (acres):
5k. Method. of construction:.
6: :Buffer Impacts (for DWQ)
If project will.Impact a protected.riparian buffer, then complete the chart beloW. If yes, then individually list all buffer impacts.
below. If.an "" impacts re vire miti ation, then you MUST till out Section D of this form.
6a. -Project is in which protected basin?❑
Neuse ❑ Tar=Pamlico ❑Catawba E] Randleman E] Other:
6b.
Buffer Impact
.number—
Pefrnanent (P) or
em ora . T
6c.
Reason for impact
..
6d.
Stream name
; .
6e.
Buffer-
mitigation
.. required?
6f.
Zone 1
impact
(square
feet)
6-g.:..... .
Zone -2
impact
(square
et
B1 =:.:
Yes/No
B2.: -
..
Yes/No
B3
Yes/No .
B4
Yes/No
B:S: -
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i: Comments:
Page 5 of 1.0
D. Impact Justification and Mitigation-
1. Avoidance and Minimization :-
la. Specifically describe measures taken to avoid or minimize the proposed impacts_ in designing project.
impact is proposed at the narrowest point 1n the wetland:
1 b. Specifically describe measures taken to-avoid or minimize the proposed, impacts through construction techniques.
Slit fencing is to be used in the upland areas to prevent further erosion. Construction will take place from the upland area to minimize impact also.
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
2b. If yes, mitigation is required by (check all that apply):
❑ Oft ❑ Corps
2c. If yesi which mitigation option 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:
3b. Credits Purchased (attach receipt:and letter)
Type: Choose one
Type: Choose one
Type: Choose. one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Pa rrtent to In-lieu Fee. Pro ram
4a. Approval letter from in-lieu fee program is attached.
❑ Yes-
es4b.
4b.Stream mitigation requested:
linear feet
4c. If using stream mitigation; strearn temperature:
Choose one
4d.. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non-riparian wetland mitigation. requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
.58. if using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan..
Page 6 of 10
PCN Form — Version 1.4 January 2609
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DYNQ
6a. Will the project result in an impaet within a protected ;riparian buffer that requires -
buffer mitigation? _
-: Yes X : No
6b. If yes; then identify the square.feet of impact to each zone of the riparian buffer that requires mitigOon. Calculate the . .
amount of mitigation required.
Zone
6c..
Reason for:impact
.
6d:
`total impact.
(square.feet)..
Multiplier
: Required mitigation
(square feet)
Zone 1
3.(2 for Catawba)...
Zone 2.
1:5
6f. Total buffer mitigation required:.
6g. If buffermitigation is required;- discuss what type:of mitigation is proposed (e:g., payment to private mltigation bank,
permittee responsible_ riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
'11'. Diffuse Flow Plan 3
1 a. Does the project include.or is it adjacent to protected riparian buffers identified-E]
Yes ❑X . No
Within one of.the NC Riparian Buffer.Prote'ctlon Rules?
1 b. If yes, then is a diffuse flow-plan included? If no., explain why.
❑ Yes ❑ No :. .
2. Stormwater Management Plan. -
2a. What is the overall percent imperviousness.of this project?
o
2b. Does:this project re uire.a.Stormwater Mana ement Plan?
❑-Yes
2c. If.this project DOES NOT require a Stormwater Management Plan, explain:why: :- -
The impervious will be below the threshold requirements in the PCN guidance document .
Zd. If this project DOES require a Stormwater. Management Plan, then provide a brief,-narrative description of the plan:
2e. Who will. be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
36. In which_ focal g overnment's jurisdiction is thisproject?,.
Phase 11
3b. Which of the following locally-implemented.stormwater management programs
El NSW.-
❑ USMP
apply (check all that apply):. ..
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management:Plan with proof of approval been
❑ Yes ❑ No
attached?
A. DWQ Stormwater Pro rani Review
OCoastal counties
❑HQW. .
4a. Which of the following state=iriiplemented stormiroater management programs apply
❑ORW
(check all that apply):-
❑Session Law - {Od6-246
:❑Other:
4b. Has the approved Stormwater.Monagement Plan with proof of approval been
(] Yes ❑ No
attached?
5. DWQ 409. Unit Stormwater.Review
5a. Does the Stormwater Management Plan meet :the appropriate requirements?
❑ Yes ❑ No
5b. .:Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑:No
F. Supplementary. Information
1. Environmental Documentation (DWQ Requirement).
9 a::Does the project involve an expenditure of public (federallstatellocal) funds or the ..
❑.. Q No
Yes
use of public (federal/state) land?
1 b. If you answered "yes" to the above; does the project require. preparation of an
environmenW'docu'ment pursuant to the requirements of.the. National or State - ..
❑ Yes .. ❑.No
-(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing Hoose? (If so, attach a copy of the NEPA or SEPA,final approval
❑ Yes ❑ No
letter.)
Comments:
..... ......
2.' :Violations (DWQ. Requirement)
2a. Is :the site in violation of_DWQ Wetland Rules 05A NCAC 2H,.0500); Isolated
Wetland Rules. (15A NCAC 2H .1300); DWQ Surface Water or Wetland Standards-
ElYes :❑.No
or Riparian Buffer:Rules (15A NCAC 2B..0200)?
2b. Is this an after -the -fact permit application?
X❑Yes ❑ No
2c. If you answered "yes". to one or both of the above ,questions, provide an explanation of the violation(s),
An unapproved impact in the forrn.of a culvert and till was placed in an attempt to provide a crossing. This allowed for slight erosion of the adjacent
....
bank. This proposed impact is to. correct damage from that.impact and properly install;an approved crossing in this:locatibrII
3.: CUmulative Impacts (DWQ Requirement)
36. Will this project (based on past and reasonably.anticipated future impacts) result in
Yes :. ❑x No
additional development; which could impact nearby downstream water quality?
3b. If you answered"yes":to the above, submit a qualitative or quantitative cumulative: impact analysis in accordance with the
most -recent DWQ policy: lfyou answered "no," provide a short narrative:description.
4.' Sewage Disposal .(DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge.or discharge) of wastewater generated from
the. proposed project, or available capacity of the subject facility.
Wastewater will be disposed of in a previously approved septic system permitted by Pender County: and located across this wetland impact.
a.. Endangered Species and Designated Critical:Habitat (Corps Requirement)
58. Will this project occur. !nor near an area With federally protected species or
❑ Yes ❑X 1Vo
habitat?
5b. Have you checked -with the USFWS'conterning Endangered Species Act
Z -Yes Q No
impacts? .
5c. If yes, indicate -the USFWS Field' Office you have contacted.
website-.
5d. 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) . • . .
68. Will this project occur:in or near an area designated as essential fish habitat? Yes Q No
6b. What data sources did you .use to determine whether your site would impact Essential Fish Habitat?
property Is riot in a marine habitat.
7: Historic or Prehistoric Cultural Resources (.Corps Requiremerit)
7a.. Will this project occur in ornear an area that the state, federal or tribal
governments have designated as having historic or cultural: preservation
El Yes Ox No
status (e.g., National Historic Trust designation or properties significant in .
North -Carolina history and archaeology)?
7b.. What data sources.did you use to determine whether your site would impact historic or archeological resources?
NC Historic Preservation map = HPOWEl3
8 -. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a: FEMA -designated 100 -year floodplain?
❑ Yes':,X(� No
:81J. If yes, explain flow project meets FEMA requirements:
.8d.. What source(§) did you use to make: the floodplain determination?-.
Pender County GIS Tax Map
Gene Young, RENS:
01-11-2016
Applicant/Agent's Printed Name
Date
Appli Ag nt` Si nature:
(Agent's sig, a re is va 'd o an autlionzation
letter fro the an licant is rovided.
--------------- -----'- -------_-----
15
WETLAND B(
\ �b0+00
by
3:$7 ACRES y' : � /
DRIVEWAY
HOA:
i- PROPOSED GRADE .
�— EXISTING GRADE
1+00
SECTION A -A
HORIZONTAL _ i =.50' .
VERTICAL - �" = 5'
30" RCP
INV. @ CL =16:55
WETLAND BOUNDARY
INTRACOASTAL
ENGINEERING, PLLC
5725 Oleander Dr. Unit E-7
Wilmington, North Carolina 2840;
: Phone: 910.859.8983
Lieense Number 11-0662
q s
1%
CLIENT INFORMATION:
GAIRY CANADY
2780 KINSTON'HIGHWAY
RICHLANDS, NC 28574
PHONE .(9.10).3244616
FAX (910) 324-8430
DRAWN: JAS
SHEET SIZE: 1 I X 17
CHECKED:. CDC
DATE: .12./1812015
APPROVED: CDC
SCALE:
PROJECT NUMBER: 2015-057.
SHEET NUMBER:
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SHEET 1 OF I
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CLIENT INFORMATION:
GAIRY CANADY
2780 KINSTON'HIGHWAY
RICHLANDS, NC 28574
PHONE .(9.10).3244616
FAX (910) 324-8430
DRAWN: JAS
SHEET SIZE: 1 I X 17
CHECKED:. CDC
DATE: .12./1812015
APPROVED: CDC
SCALE:
PROJECT NUMBER: 2015-057.
SHEET NUMBER:
c I
SHEET 1 OF I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SANV-2014-01778 County: Pender U.S.G.S. Quad: IAC -TOPSAIL
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property_ Owner: Gain, Canadv.and Daryl Burgess
102 Pecan Lane
Address: Richland, North Carolina 28443
Size (acres) 15.4 Nearest Town Hampstead
Nearest Watenyay Onslow Bay River Basin New. North Carolina.
'USGS 13UC 3636001 Coordinates Latitude; 34.3773308
Longitude: -77.6569709
Location description: The property is located approxinnately 2.5 miles northwest of Hampstead, south of Highway 17 on
the northwest.side of Kings; Landing Road. The site is a proposed multi -family residential development (21 lots), Kings .
Ransom SD. North to northeast of Lots 8-11. is 556.47 linear feet of an unnamed tributary of Old Topsail Creek with 0.70 acres
of abutting wetlands.
Indicate Which of the Following Apply:
A. Preliminary Determination-
Based
eterminationBased on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department. of:the Army (DA) -jurisdiction. To be considered final, a
jurisdictional determination must beverfied by the Corps. This preliminary deteriuination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 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 fiirther consideration by the Corps to reevaluate the JD.
B. Approved Dete3rm' ination
There are Navigable Waters of the United States within the above described property 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.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 4041 of the CIean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or ouvpublished
regulations, this determination may be relied upon for a period not to exceed five years from the -date of this notification.
We strongly- suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps: 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.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on January 12. 2015. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area 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.
Page 1 of 2
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Managenment Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC. at (910) 796-7215 to determine
their requirements.
Placement of dredged or till material within waters of the US and/or wetlands without a Department of the Ary permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC � 131 1 t, if you have anv questions ret_ ardini this
detennination and/or the Corps regulatory program, please contact Emily Greer at 910-251-4567 or
Emily.C.Creerr usace.armv.mil.
C. Basis For Determination: This site exhibits mvetland criteria as described in the 1987 Corps Welland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation
Manual and relatively permanent waters exhibit an Ordinary High NVater Mark as indicated by changes in soil
character and absence of terrestrial vegetation and is hydrologically connected to Old Topsail Creek, an unnamed
tributary of the Intercoastal M aterNcay and the Atlantic Ocean.
D. Remarks: Survey signed on January 12, 2015
E. Attention USDA Program Participants
This delineation/detennination 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 detennination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by March 13, 2015.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the detennination in this
correspondence. * * D.gnally s,gned by GREER.EMILY C 1385325300
Corps Regulatory Official:
GREER.EMILY.C.1385325300 ou USA c—G EEREMILYC 138532 300 CRI
Date: 2015.01.15 73.75:51 -05'00'
Date: January 12, 2015 Expiration Date: January 12, 2020
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htip://regulato[y.usacesurvey.com/.
NOTIFICATION OF AMM NISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Gairy Canadv and DarNI Burgess File Number: SAY-201.1-01778
Date: January 12, 2015
Attached is:
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ennission)
See Section below
A
PROFFERED PERMIT (Standard Pen-nit or Letter of ermission)
B
PERMIT DENIAL
C
ZI APPROVED JURISDICTIONAL DETERMINATION
D
F-11 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 httn://NywW.usace.AnmV.l)lil/,N4issiong Civi]WorksiReeulatoryProzramandPcrntits.aspic 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 Pennit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terns and conditions, and approved jurisdictional detenninations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer xvithin 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 \\,ill evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the pennit to address some of your
objections, or (c) not modify the pennit having determined that the pennit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered pennit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the pennit
• ACCEPT: If you received a Standard Pennit, 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 pennit in its entirety, and waive all
rights to appeal the pennit, including its terns and conditions, and approved jurisdictional detenninations associated with the
pennit.
• APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terns and conditions therein,
you may appeal the declined pennit under the Corps of Engineers Administrative Appeal Process by completing Section 11 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 pennit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this fonn 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
infornation.
• 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 11 of this fonn and sending the form to the district engineer. This fonn
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 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 = RE UESTFOk�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 whereyour 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 irecord..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 in 6rmation that is already in :the administrative .
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:': ` ` ' : `'.::..:.
If you have questions regarding this decision and/or the:.
If you only ha,,,e-questions regarding: the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason. Steele, Administrative Appeal Review Off cer
Attn: Emily Greer
CESAD-PDO .
69 Darlingtoin Avenue
U.S. Anny Corps of Engineers, South Atlantic Division
Wilmington, NC -28.403.
60 Forsyth Street, Room IOMl5
Atlanta; Georgia 30303=8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govern�15
consultants, to conduct investigations of the project site during the course of the appeal process. You will be providedy
notice of any site investigation, and will have the opportuni to paiticipate in all site inve-sti rations.
.Date:
Telephone number:
Si nature of appellant .ora ent.
For appeals on Initial Proffered Permits send this form to:
District Engineer; Wilmington Regulatory Division, Attn:: Emily Greer, 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, Atte: Nir: Jason Steele; -
Administrative Appeal Officer; CESAD-PDO, 60 Forsyth Street, Room 101!115, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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Agent Authorizationwet doc Page I of I
Date:. .. (DOI
To Whom It May Concern:
RE: Agent and Access Authorization Letter
I authorize Geste Young or any employee of: Applied Resource: Management, PC to- act as
an agent on my behalf in all matters_: dealing with wetland Jurisdiet'tohal ,Determinations.or
permitting.
furthermore authorize the US Army Corps of: Engineers :representative to access my
property as part'ofthis process.: :
Sincerely, -
Printed fume: Sodawk -- �
Property Address: .