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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 )s 1 , J U') N 00 �r\, 47. 43,1 % 86 4S FIS 0 00 r Al � 1 l O5 l Gr — I O.0 76.. -. v �� 3g L./ J t � i 1 2 a I i o o o I Q`o �a v� ,� II ' 3.87 A , r t J �I 'V`• I I I Q I t I l I S � WETLAND BOUNDARY N t • + 00 ` C + t + I , 4 bvonc + f , S v�)VANpS IV Area of proposed driveway crossing. Silt fence ' - ; Ditch to be ��t,lOcj backfilled and stabilized I V , t , t , 1 1 1 I l 10' M8L 1 L57 L26 L27 L28 ! 1 � r I + I � I I e I I � ! I • — • — Existing Ditch Proposed Silt Fence J t i t 1 ! I I I + 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: r- n' 0 9 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: c I SHEET 1 OF I U H C/) z U: o p U. 0 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: 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 id s IbrL: + "kM:r </'_ N!!1 W`5 / .+.Y./s, O �f� f! uwr uD..Y µ' v l Y:.::s.•�'. t ii .!r ' ;�yt• .t Y.,ffW.' .iKs .Tr) h� F.'N :.O RPA 41 _ors Ir a •.n ., nuE S% Suq l r }� R11.Y raC. Y r y ••'!) fM tilt Nw ' jlf� (Y11 .(�;y I ilii __ �wuva ro; I _ i 1R.ui rCr1T �... ; % ._� 1M� .'r_ ' i`l` � I ,,� <' R, •i ..r \` 1Fi � ��.I�i'.~-�% .%.`li � � _ % / kY. � J`.*, fes. � •M� �' Pw t�'` --''-,� C _..._.._... 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C).p K>r4o.+�>k rt -6 utK �� 2'.I K Y rsrw•v w l,ts,r� I l : sw� GAIRY CANADY LAND SURVEYING r rreu ,uarolr ww... -0 .w,s, Rc rw:•• R:'P:tY'SYhf;).3`ST ""I r J m we „f no- 7• •f t w boa rs 'Al c,o- ara-a..a g.. 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: .