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�
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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
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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
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HORZ. SCALE. 1" = 50'
VERT. SCALE. 1" = 5'
DRAWN BY- RL W
CHECKED B Y.• HSR
PROJECT NO.: 19-0476
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Buckhorn Flood Map
(Source: Onslow County GIS)
Project Site
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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.
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