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HomeMy WebLinkAbout20191375 Ver 1_PCN Form Submission_20191009DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Charge only if needed. BIMS # Assigned 20191375 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Robb Mairs:eads\rlmairs2 Information for Initial Review 1a. Name of project: Buckhorn 1a. Who is the Primary Contact?* Dana A. Lutheran 1b. Primary Contact Email:* dlutheran@segi.us Date Submitted 10/9/2019 Nearest Body of Water Cypress Branch Basin White Oak Water Classification SA; HOW Site Coordinates Latitude: 34.502 A. Processing Information County (or Counties) where the project is located: Onslow Is this project a public transportation project?* r Yes r No Longitude: -77.547 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) Version# * 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)228-1841 1c. Has the NWP or GP number been verified by the Corps? r' Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 14 - Linear transportation 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - Express F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r- No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes (' No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r- Yes r No r Unknown 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Buckthorn Development Inc. 2b. Deed book and page no.: 4977/528 2c. Responsible party: David B. DeMoss 2d. Address Street Address PO Box 590 Address Line 2 aty Rocky Point Postal / Zip Code 28457 2e. Telephone Number: (910)617-0995 2g. Email Address:* demcobuilders@bellsouth.net C. Project Information and Prior Project History State / Rovince / Fegim NC Country Us 2f. Fax Number: r Yes r^ No r- Yes r No 1. Project Information 1b. Subdivision name: (d appropriate) NA 1c. Nearest municipality/town: Holly Ridge 2. Project Identification 2a. Property Identification Number: 029930,055775 2c. Project Address Street Address Hedy 17 Address Line 2 aty Holly Ridge Fbstal / Zip Qode 28445 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Cypress Branch 3b. Water Resources Classification of nearest receiving water:* SA;HQW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12 -digit HUC in which the project is located. 030203020301 4. Project Description and History 2b. Property size: 5.75 AC State / Rovince / Region NC Qbuntry US 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project site fronts US Hwy. 17, to the south, and is bordered by a restaurant, to the west, undeveloped land, to the east, and Camp Davis Army Coastal Tactical Training Center, to the north. Approximately 300 feet into the front of the project site, a relic drainage swale bisects the property, from east to west (i.e. Wetland B). This feature is a man-made drainage swale that was constructed in the 1940's, when Camp Davis was in use (see attached Historical Aerial). The Camp has been decommissioned and most of the structures removed. The swale has been backed up on the downstream side, which has allowed the feature to retain hydrology and wetland vegetation to thrive. Another wetland feature (i.e. Wetland A) is located along the northwestern property boundary. Commercial development is the general land use, in the area of the project. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? r Yes 6 No r" Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Demco Holly Ridge UDAR Map 121418.pdf 193.78KB Demco Holly Ridge Topo Map 121418.pdf 355.29KB 4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Demco Holly Ridge Soils Map 121418.pdf 197.58KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.19 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the project is to facilitate construction of the access road, to units 7-48, of the proposed 57 town home units. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project vdll entail filling 1919 SF (0.04 AC) of wetland, to install a 24" F.E.S. and upstream, scour hole, which service the access road. Class II rip rap will be placed, over filter fabric, within the scour hole. 4j. Please upload project drawings for the proposed project. Buckhorn Wetland Impact Map 10-6-19.pdf 656.57KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* F Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary f Approved r Not Verified r Unknown f N/A Corps AID Number: SAW -2019-00187 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Scibetta Agency/Consultant Company: SEGi Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 6/5/19 Sd1. Jurisdictional determination upload Folly Ridge DEMCO PJD SAW-2019-00187.pdf 1.02MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): R Wetlands r Streams -tributaries r Buffers F Open Waters r Pond Construction 2. Wetland Impacts !a. Site #* (?) 2a1 Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Tpe of y2g. Impact Jurisdicition*(?) area* _11 3 Road Crossing P Pocosin B Pb Corps 0.040 (acres) 29. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.040 2g. Total Wetland Impact 0.040 2h. Comments: Temporary impacts are not anticipated with this project. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: While designing the project, the applicant limited impacts to wetlands for a single road crossing. This was accomplished by eliminating 3-4 town homes. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be installed prior to commencing with land disturbing activities. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The subject wetland is a man-made drainage Swale that was constructed in the 1940's and has since been decommissioned, thus allowing it to retain hydrology and allowwetland vegetation to thrive. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent toprotected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project is not within one of North Carolina's Riparian Buffer River Basins. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 2d. Which of the following stormwater management program(s) apply: F Local Government W State State Stormwater Programs ❑ Phase II HWQ or ORW P Coastal Counties F Other Comments: The Applicant is in the process of securing the NC DEMLR's approval of the High Density Stormwater plan. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The incorporation of energy dissipators into the proposed plan ensures scouring of the culvert, either upstream and/or downstream, does not take place. This is not part of a phased project and does not provide access to currently inaccessible land. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r' No C N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Municipal sewer treatment will be provided. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The site has recently been logged. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* This site does not abut a waterbody that would support EFH. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* This site was previously utilized as part of Camp Davis Army Coastal Tactical Training Center, which was built in the early 1900's. All of the buildings and other structures have been demolished. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Onslow County GIS Flood Map Miscellaneous Comments Miscellaneous attachments not previously requested. Demco Holly Ridge Vicinity Map 121418.pdf Buckhorn Flood Map 10-6-19.pdf Demco Holly Ridge Historic Aerial.pdf 960.45KB 44.2KB 655.49KB Signature - ,r! By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Dana A. Lutheran Signature Date 10/9/2019 5EC1 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: PT TRI MILTON LEVINE HEIRS LOT NO. PLAN NO. PARCEL I.D. 029930, 055775 STREET ADDRESS: US 17 Hwy Property Owner (please print): Buckhorn Development Inc. The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): PO Box 590 Rocky Point, NC 28457 Telephone: 910-617-0995 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 4� Property Owner Authorized Signature SEGi Authorized Signature Print Name Date David Scibetta Print Name 10/9/19 Date IF N Property Line Approx. Wetlands 0 30 60 120 180 240 Feet 1 inch = 120 feet Map Source: NC Floodplain Mapping UDAR Data rr- it UDAR Map Camp Davis Tracts r` Holly Ridge, Onslow Co., N.C. 12/14/2018 018-134.01 s F 5FG 4 Nit Property Line Approx. Wetlands n 7S 9Sn Znn nsn C.nn A - Feet ---- ... ry .-...Y 1 inch = 300 feet Camp Davis Tracts Map Source: USGS Topo Map Server, Holly Ridge, Onslow Co., N.C. SF G 7.5" quadgrangle, 1:24k scale 12/14/2018 018-134.01 S .. .... .,.. .�.. ..... ` 1 inch = 120 feet Camp Davis Tracts Holly Ridge, Onslow Co., N.C. *� Map Source: NC One Map Orthoimagery, Feet Soils Map of Onslow Co. 12/14/2018 018-134.01 S LOCATION MAP NOT TO SCALE X CIL _ . ,,ricRICA sop sop PAR ID 2 707-11.1 D.B.1039,PG 636 Y, ` 2456» E ` PROPERTY LINE ZONE. OAP,_ O PROPERTY LINE / J I z ,52» E 495.38' — X N 81.52 . ..�_�.�.�.-.7. WETLANDS �.� �l _ ' PROP. DUMPSTERS �9 58 9 i PROP. 0 ASSEMBLY 4cCESSNnun i� *%`, 4, PROPERTY LINE 5.0' 5' 30' 30' 5' 18 FT PARKING 24 FT DRIVE PATH 18 FT PARKING SPACE SPACE FF ELEVATION 2,07, 6" 2.0" ASPHALT —2.07. Q59, MIN. 0.5% MIN. 6 ABC STONE 6 ABC STONE 8" ABC STONE 5' CONCRETE SIDEWALK (REVERSE/INVERTED CROWN) TYPICAL PARKING BAY SECTION NOT TO SCALE 120 FT d - N 3� F1 24' �'`>lp 9p TYPICAL HAMMERHEAD NOT TO SCALE LEGEND DATA: EXI57ING BOUNDARY — CEN7ERLINE OF RIGHT OF WAY —21 CONTOUR LINE & ELEVATION — SS SS — EXIS7ING SANITARY OF BUILDING PERMIT SEWER & MANHOLE W W — EXISTING WA7ERLINE SS PROP SEWER W PROP WATERLINE TOTAL: PROP BUILDING F007PRINT 4826 SF / 250,440 SF OPEN SPACE DUSTING 23% IMPERV10US HANDICAP RAMP PROPOSED ONSITE DATA: PROPOSED STORM SEWER & CATCH BASIN 5.0' FF ELEVATION 5' CONCRETE SIDEWALK SPECIAL USE CONDITIONS: 1. DEVELOPMENT WAS ISSUED A SPECIAL USE CONDITION APPROVAL ON 6-25-19. 2 PRIOR TO ISSUANCE OF A BUILDING PERMIT THE APPLICANT WILL BE REQUIRED TO PROVIDE THE FOLLOWING` A. A PLAN AND HOA DOCUMENTATION FOR SOLID WASTE STORAGE AND UPKEEP MAINTENANCE OF COMMON OPEN SPACE. A COPY OF THE MAINTENANCE AGREEMENT MUST ALSO BE SUBMITTED. B. AN APPROVED NCDOT DRIVEWAY PERMIT. C. AN APPROVED NC STORMWATER PONT D. RECOMBINATION PLAT TO COMBINE THE PROPERTY INTO ONE TRACT. E: INSTALLATION OF FIRE HYDRANTS AT NO GREATER THAN 300 FT. GENERAL NOTES:- 1. OTES:1. ONSLOW COUNTY PARCEL NUMBERS: 7J4-115.1 & 734-115 2. TOTAL PROXCT AREA 250,440 &1 (&75 aat) J. DUSTING ZONING DISTRICT• NB & R&15 4. THIS SITE IS LOCATED IN ZONE X ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCYS FLOOD INSURANCE RATE MAP, COMMUNITY -PANEL NUMBER 37204 23700 4 DATED: 11/3/0& 5. ASBUILT, BOUNDARY AND TOPOGRAPHIC SURVEY PERFORMED AND PROVIDED TO COASTAL SITE DESIGN, PC BY LANIER SURVEYING COMPANY. 6 STORMWATER DRAINS TO CYPRESS BRANCH, SA; HWM? 18-87-6-2 Z DRIVE AISLE BASE COURSE AND ASPHALT WILL COMPLY WITH NCDOT SUBDIVISION STREET STANDARDS PARKING NOTES: 1. 2 SPACES REQUIRED PER UNIT 57 UNITS X 2 SPACES = 114 SPACES REQUIRED = 121 SPACES PROVIDED 2 NO LOADING SPACES REQUIRED J. I VAN ACCESSIBLE HANDICAP SPACE REQUIRED, 4 PROVIDED 5 HANDICAP ACCESSIBLE SPACES REQUIRED, 5 HANDICAP SPACES PROVIDED STORM WATER BMP e. 'a 18 FTS o) TYPICAL PARKING STALL NOT TO SCALE 9 24" 8" WA 0 A'ILI IBM PAP 'ems'%►�'� _ liffirk 2 1 0 2 4 6 20 10 0 20 40 60 VERT. SCALE IN FEE T.- 1 "= 2' HORZ. SCALE IN FEE T.- 1 "= 20' pas PROPERLY LINE PROPERTY LINE WETLANDS 24" FES. IE = 62.5 2 CY CL 11 RIP RAP 70.00 3.0 -m SEWER 1+91.75 iT, 101 r 6 6 0 ° 4 ti 3 �a s0 0 OArg PROP. FIRE HYDRANT PROP. POSTAL NOSK SITE & BUILDING DATA: TOTAL LOT AREA = 250,440 SF (5.75 AC) ONSLOW COUNTY PAROL NUAIBER(S) 734-11&1 & 734-115 PARCELS WILL NEED TO BE COMBNED PRIOR TO ISSUANCE OF BUILDING PERMIT DUSTING DATA: Q CLU DUSTING BUILDINGS ON SITE 0.0 SF EXISTING ASPHALT/CONCRETE 5,826 SF TOTAL: 5,826 SF 4826 SF / 250,440 SF � DUSTING 23% IMPERV10US PROPOSED ONSITE DATA: PROPOSED PARKING AREA 43,707 SF PROPOSED BUILDING AREA 31,450 SF PROPOSED SIDEWALK AREA 7,430 SF PROPOSED FUTURE AREA 10,000 SF TOTAL ONSITE IMPERVIOUS AREA 92.587 SF 92,587 SF / 250,440 SF = a369 OR 37% IMPERVIOUS PROPOSED 37% IMPERVIOUS OPEN SPACE REQUIRED 250,440 X U 15 = 37,566 SF (0.86 AC) PROVIDED: 3$193 SF (088 AC) BUILDING DATA PROPOSED CONSTRUCTION TYPE = 11-B NUMBER OF BUILDINGS = 11 BUILDING HEIGHT = NOT TO D(CEED 40 FT NUMBER OF STORIES = 2 PROPOSED BUILDING AREA 38,000 SF LOT COVERAGE 31,450 SF / 250,440 SF = 0.126 PROPOSED 126% BUILDING LOT COVERAGE BUILDING SETBACKS: NO FRONT SETBACK: 20 FT FRONT SETBACK: 65 FT REAR SETBACK: 10 FT REAR SETBACK.- 10 FT SIDE SETBACK: 10 FT SIDE SETBACK: 10 FT R-15 FRONT SETBACK: 25 FT FRONT SETBACK: > 25 FT REAR SETBACK: 25 FT REAR SETBACK,• > 25 FT SIDE SETBACK: 12 FT SIDE SETBACK: > 12 FT 0 40 20 0 40 80 120 SCALE IN FEET.• 1 "= 40' CmoioS,,.D ENGINEERING LICENSE # C-2710 ENGINEERING LAND PLANNING COMMERCIAL / RESIDENTIAL P.O. BOX 4041 WILMINGTON, NC 28406 (910) 791-4441 0 u - Q CLU � O = LL. U � O Q z W L0 d - CL 00 O N Li U z Lu Q 0 z �Lr) C) 0 U m U mCLcr 0 Q -- Lu i 0 E ut E �gU•a a.aS Amo a s E� a oa•o DA TE.- 9-11-19 HORZ. SCALE. 1" = 50' VERT. SCALE. 1" = 5' DRAWN BY- RL W CHECKED B Y.• HSR PROJECT NO.: 19-0476 Sheet No. Of z� � w% ,� , ¥� & ! 4 _ Lpf MQf � >� _ \� �&� � / U ZOuOUu twu tmu «wu vicinity map @w Camp Davis Tracts w E �w+=tmot! Holl Ridge, Onsow Co, N.C. pkurce :Esmsteet maps 12/14/2018 018-134.01 & .7e » II Buckhorn Flood Map (Source: Onslow County GIS) Project Site Y 4 47 rt j}{4, ��?y* ttr44Y rk`l1 w4F}¢, y ii _44 Itfl � r 4y + a IV AY 4 N it 7 F 00 -. -TOW 01 AO"N * •} ti . x' - 0 sow •�+# t�°'z# f � � • /;+#. `!. •k -i x � r •ems. w« #(�4T �• * ♦ .]ITj��`K '#�`Atw - + • x j, + w ' 4" C+ x r •f-' �x 018-134.01 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2019-00187 County: Onslow U.S.G.S. Quad: NC- Folkstone NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Mary & Melissa Wyman Agent: David Scibetta 523 North Main St 5315 S College Road Sebastopol, CA 95472 Suite E Wilmington, NC 28412 Size (acres) 5.99 Nearest Town Holly Ridge Nearest Waterway Kings Creek River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.50237 Longitude: -77.54782 Location description: Project area is located west of Highway 17 in Holly Ridge, Onslow County, North Carolina. Project area is comprised of two parcels to the north and east of 511-A US Hwy 17 N. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/14/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW -2019-00187 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or Rachel.A.0 anito(ausace. army. mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 06/05/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by N.11 Corps Regulatory Official; n Da CAPITO.RACHEL.ANN.1536D6790 cnP-9.OAAcee0.nry s3ee' te:5.Os 5 -01 160. Date of JD: 06/05/2019 Expiration Date of JD:Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mary &Melissa Wyman File Number: SAW -2019-00187 Date: 06/05/2019 Attached is: See Section below LAPPROVED PROFFERED PERMIT (Standard Permit or Letter of permission) A RED PERMIT (Standard Permit or Letter of permission) B DENIAL C JURISDICTIONAL DETERMINATION D INARY 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 or http://www.usace.army.mil/Missions/Civilworks/RegulatoryProgramandPermits.aspx or the 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. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have 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 Officer Attn: Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M 15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 06/05/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mary & Melissa Wyman, 523 North Main St, Sebastopol, CA 95472 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Holly Ridge Wyman, SAW -2019- 00187 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project area is located west of Highway 17 in Holly Ridge, Onslow County, North Carolina. Project area is comprised of two parcels to the north and east of 511-A US Hwy 17 N. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Onslow City: Holly Ridge Center coordinates of site (lat/long in degree decimal format): Latitude: 34.50237 Longitude: -77.54782 Universal Transverse Mercator: Name of nearest waterbody: Kings Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 6/5/2019 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non - wetland waters) Geographic authority to which the aquatic resource 'may be" subject (i.e., Section 404 or Section 10/404) Wetland 1 34.50248 -77.54921 0.13 acre Wetland Section 404 Wetland 2 34.50186 -77.54721 0.1 acre Wetland Section 404 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 (AID) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Holly Ridge 1:24k ® Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey Onslow County ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): NCOne Map or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter:_ ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. CAPITO.RACHEL. DI9Rellrsl9cedbr CNPMRACHELAHH. 1-2767. ANN.1536276790 W :2019.Ofi.051'1230—' P Signature and date of Regulatory Staff member completing PJD 5/31/2019 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t I Districts may establish timeframes for requestor 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 to finalizing an action. 40, 4. t,llf ,. S • R #*•�• cl • may. ' i .A Wetland 1 + C8' op I i + bb - •,fps - ' a :•. r * J • CIA, land Dat r+ #* 4 Bl ntB6 Stop f AS Stop Wetland 2 ;! _ �• Al # , 0.1 ac. i }�C �ilarri