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Home My WebLink About20191563 Ver 1_PCN Form Submission_20191112DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20191563 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Washington Regional Office - (252) 946-6481 Information for Initial Review 1a. Name of project: Joe Henry Access Road 1a. Who is the Primary Contact?* Michael Leggett 1b. Primary Contact Email:* michael.leggett@ncWldlife.org Date Submitted 11/12/2019 Nearest Body of Water Somerton Creek Basin Chowan Water Classification QNSW Site Coordinates Latitude: Longitude: 36.549561-76.886165 A. Processing Information County (or Counties) where the project is located: Gates Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Robert Tankard:eads\rbtankard 1c. Primary Contact Phone:* (919)707-0083 V 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular F 401 Water Quality Certification - E)press r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 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 1g. 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 r No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No 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 W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Margie Boone Raynor, Avis R. Cromwell, Terry R. Fritts 2b. Deed book and page no.: DB 340 / Page 820 2c. Responsible party: North Carolina Water Resources Commission 2d.Address Street Address 1720 MSC Address Line 2 City Raleigh Fbstal / Zip Code 27699 2e. Telephone Number: (919)707-0083 2g. Email Address:* michael.leggett@ncwildlife. rog r Unknown State / Rovinoe / legion NC Country USA 2f. Fax Number: (919)707-0162 3. Applicant Information (if different from owner) 3a. Name: Michael Leggett 3b. Business Name: 3c.Address Street Address 1720 MSC Address Line 2 City Raleigh Postal / Zip Code 27699 3d. Telephone Number: (919)707-0083 3f. Email Address:* michael.leggeft@ncvAidlife.org State / Province / legion NC Country USA 3e. Fax Number: (919)707-0162 C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality I town: Gates, NC 1 2. Project Identification 2a. Property Identification Number: 6031123897 & 6022057471 2c. Project Address Street Address 239.1oe Henry Lane Address Line 2 City Gates Postal / Zip Code 27937 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Somerton Creek 3b. Water Resources Classification of nearest receiving water:* C; NSW 3c. What river basin(s) is your project located in?* Chowan 3d. Please provide the 12-digit HUC in which the project is located. 030102030103 4. Project Description and History 2b. Property size: 1.34 State / Province / legion NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* Agricultural / Wooded land use in vicinity. Area where proposed gameland access road will cross is wooded. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Joe Henry USGS.pdf 11.25MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Joe Henry Soils Map.pdf 609.24KB 4f. List the total estimated acreage of all existing wetlands on the property: Approx 0.10 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* NCWRC is proposing to construct a gravel access road to access a portion of the Chowan Swamp Game Land. The access road will begin at Joe Henry Lane and travel within a 50' easement. Work will involve cleaning, grading, installation of 36" culvert and fill, placement and compaction of ABC stone, and erosion control measures. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Project vdll involve excavator, bulldozer, various hauling equipment (dump trucks), and motor grader. 4j. Please upload project drawings for the proposed project. JoeHenryAccess Exhibit.pdf 6.19MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 6 Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-02075 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Krystynka Stygar Agency/Consultant Company: ACOE Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR 11 /05/2019 5d1. Jurisdictional determination upload NCWRC_JD.pdf 231.99KB 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 project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries F Buffers r Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2a1 Reason (?) ��mp act type * M �2�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*M area* _11 __] Culvert P Bottomland Hardwood Forest Unknown Yes Corps 0.100 J(acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.100 2h. Comments: 2g. Total Permanent Wetland Impact 0.100 E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Width of the proposed access road has been minimized to greatest extent possible 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Usage of erosion control measures (silt fence, mulching, check dams, etc). Work will be completed in dry period 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: Minor impacts F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Wetland area. No pavement is proposed for this project. 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 Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* 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 21-1.1300), 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. Gravel access road only for access only. No future development for the gameland. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 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 1-87 r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Red HUC map for eastern 59 counties of NC. 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?* NOAA EFH Mapper 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?* NCHPO GIS 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 8b. If yes, explain how project meets FEMA requirements: Access road only. No building will be constructed. Notifications to county floodplain manager. 8c. What source(s) did you use to make the floodplain determination?* NCFRIS Miscellaneous Comments This project is for a proposed gravel access road to reach a section of the NCWRC Chowan Swamp Gameland. Work will be contained to the 50' wide easement area. Work will consist of clearing, grading, erosion control measures, culvert installation, fill work, installation/compaction of gravel and seeding/mulching. Miscellaneous attachments not previously requested. Signature 6 B 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. 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Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at scales ranging from 1:15,800 to 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: City of Suffolk, Virginia Survey Area Data: Version 13, Sep 16, 2019 Soil Survey Area: Gates County, North Carolina Survey Area Data: Version 15, Sep 16, 2019 Your area of interest (AOI) includes more than one soil survey area. These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 20, 2015—May 15, 2017 Soil Map—City of Suffolk, Virginia, and Gates County, North Carolina (Joe Henry Access Road) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/6/2019 Page 2 of 4 MAP LEGEND MAP INFORMATION The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—City of Suffolk, Virginia, and Gates County, North Carolina (Joe Henry Access Road) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/6/2019 Page 3 of 4 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 1B Alaga loamy sand, wet substratum, 2 to 8 percent slopes 4.0 4.6% 17 Pactolus loamy fine sand 0.6 0.7% 19 Rains fine sandy loam 0.4 0.4% 24 Tomotley loam 0.4 0.5% 28 Wahee silt loam 0.2 0.3% Subtotals for Soil Survey Area 5.6 6.5% Totals for Area of Interest 86.6 100.0% Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AaB Alaga sand, 0 to 5 percent slopes 33.0 38.2% CrA Craven fine sandy loam, 0 to 1 percent slopes 4.6 5.3% CrB Craven fine sandy loam, 1 to 4 percent slopes 11.7 13.5% LeA Lenoir loam, 0 to 2 percent slopes 0.8 0.9% NaA Nawney loam, 0 to 2 percent slopes, frequently flooded 9.6 11.1% PaA Pactolus sand, 0 to 3 percent slopes 9.5 10.9% Ra Rains fine sandy loam, 0 to 2 percent slopes, Atlantic Coast Flatwoods 2.8 3.3% WnE Winton fine sandy loam, 15 to 30 percent slopes 8.9 10.2% Subtotals for Soil Survey Area 81.0 93.5% Totals for Area of Interest 86.6 100.0% Soil Map—City of Suffolk, Virginia, and Gates County, North Carolina Joe Henry Access Road Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/6/2019 Page 4 of 4 NORTH CAROLINA WILDLIFE RESOURCES COMMISSIONDIVISION OF ENGINEERING SERVICESCHOWAN SWAMP GAME LAND - JOE HENRY ACCESS ROADPROJECT 1720 MAIL SERVICE CENTERRALEIGH, NORTH CAROLINA 27699-1720 (919) 707-0150 FAX: (919) 707-0162239 JOE HENRY LANE, GATES, NC 27937GATES COUNTY(36.549440, -76.886742)SHEET INDEXCD-0.0COVERCD-2.0SITE PLANCD-2.1SITE PLAN - ACCESS ROADCD-4.3E&SC DETAILSCD-8.0DETAILSCD-8.1DETAILSCD-8.2DETAILSVICINTY MAPSCO # 19-21372-01EX. CONTOUR (MJR)EX. CONTOUR (MNR)EX. R/WPROP. CONTOUR (MNR)PROP. CONTOUR (MJR)PROP EOG (GRAVEL)LIMITS OF DISTURBANCESILT FENCEPROP. DITCH100 YR FLOOD PLAINEXISTING TREE LINE>>>>>>>>PROJECT SITELEGENDPRELIMINARYDO NOT USEFOR CONSTRUCTIONLODLODLODLODLODSCO REVIEW SET10/22/2019PROJECT SITEVIRGINIA BORDER L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO DLODLODLODLOD LODLODLODLODLOD LODLODLOD LOD LOD LODLOD LODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLOD LOD LODLOD LOD LOD LODLODLOD LOD LOD LOD LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D LO D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D L O D RESOURCES NORTH CAROLINA C OMMISS I O N NORTH CAROLINA WILDLIFE RESOURCES COMMISSION DIVISION OF ENGINEERING SERVICES 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.MWLPRELIMINARYDO NOT USEFOR CONSTRUCTION LODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODLODRESOURCES NORTH CAROLINA COMMISS I O N NORTH CAROLINA WILDLIFE RESOURCES COMMISSION DIVISION OF ENGINEERING SERVICES 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.PRELIMINARYDO NOT USEFOR CONSTRUCTION1":20'CULVERT PLAN VIEW1/CD-2.00402020Scale 1" = 20' TEMPORARY SEEDING FOR LATE WINTER & EARLY SPRING1/CD-4.3PERMANENT SEEDING4/CD-4.3TEMPORARY SEEDING FOR SUMMER2/CD-4.3TEMPORARY SEEDING FOR FALL3/CD-4.3STABILIZATION TIMEFRAMES5/CD-4.3RESOURCES NORTH CAROLINA C OMMISS I O N NORTH CAROLINA WILDLIFE RESOURCES COMMISSION DIVISION OF ENGINEERING SERVICES 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.PRELIMINARYDO NOT USEFOR CONSTRUCTIONMWL NTSPIPE INSTALLATION1/CD-8.0NTSPIPE FILL HEIGHT2/CD-8.0RESOURCES NORTH CAROLINA C OMMISS I O N NORTH CAROLINA WILDLIFE RESOURCES COMMISSION DIVISION OF ENGINEERING SERVICES 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.PRELIMINARYDO NOT USEFOR CONSTRUCTIONMWLMWL NTSCULVERT CROSS-SECTION1/CD-8.1RESOURCES NORTH CAROLINA C OMMISS I O N NORTH CAROLINA WILDLIFE RESOURCES COMMISSION DIVISION OF ENGINEERING SERVICES 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.PRELIMINARYDO NOT USEFOR CONSTRUCTIONMWLMWL NTSNOT USED3/CD-8.1NTSNOT USED4/CD-8.1NTSTYPICAL ROAD CROSS SECTION - WITH DITCH1/CD-8.1NTSNOT USED2/CD-8.1RESOURCES NORTH CAROLINA C OMMISS I O N NORTH CAROLINA WILDLIFE RESOURCES COMMISSION DIVISION OF ENGINEERING SERVICES 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.MWLMWLPRELIMINARYDO NOT USEFOR CONSTRUCTION Page 1 of 2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02075 County: Gates County U.S.G.S. Quad: Riverdale NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: NCWRC Michael Leggett Address: 1720 MSC Raleigh, NC, 27699 Telephone Number: (919) 707-0083 Size (acres) 0.49 Nearest Town Dort Nearest Waterway Somerton Creek River Basin Albemarle-Chowan USGS HUC 03010203 Coordinates Latitude: 36.549011 Longitude: -76.887032 Location description: Project area is an access easement located near 289 Joe Henry Lane, Gates County North Carolina. The easement is approximately 50 LF wide by 637 LF long to gain access on the North Carolina Side of the Chowan Swamp Gamelands. Indicate Which of the Following Apply: A. Preliminary Determination X There are wetlands on the above described project area, 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. 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 are wetlands on the above described 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 waters, including 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 waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your 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 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 waters of the U.S., including wetlands, on the above described project area 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. SAW-2019-02075 We recommend you have the waters of the U.S. on your 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 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. 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 ______________. 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. 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 Elizabeth City, NC, at (252) 264-3901 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 Krystynka Stygar at 910-251-4619 or Krystynka.B.Stygar@usace.army.mil. C. Basis For Determination: This property exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Regional Supplement. The Section 404 wetlands are part of a continuum of wetlands that directly abut Somerton Creek a RPW to the Chowan River a TNW. D. Remarks: 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 for Approved Jurisdiction Determinations (as indicated in Section B. above) 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: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 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 NA . SAW-2019-02075 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: ______________________________________________________ Date: November 7, 2019 Expiration Date: NA 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. SAW-2019-02075 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Michael Leggett NCWRC File Number: SAW-2019-02075 Date: November 7, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D 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 http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2019-02075 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Krystynka Stygar 2407 West 5th Street Washington, NC 27889 If you only have questions regarding the appeal process you may also contact: Mr. Philip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 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 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. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka Stygar, 2407 West 5th Street, Washington, NC 27889 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137