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HomeMy WebLinkAbout20191666 Ver 1_401 Application_2019120662 01VI (oCp(vo LETTER OF TRANSMI Date: 12/04/19 Project # 4651 Project Name: The Fost Tract To: Sheri ntalvo NC Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 HAND DELIVERED I r OVER-NITE MAIL I X I MAILED I I FAXED We are sending FX I Enclosed Attached Under separate cover via the following items: As Requested E� For Client Approval a For Bid Submission For Construction F—IFor Your Signature oX For Permit Approval [--] For Distribution For Const. Record For Review & Comment F--] For Your Records F]For Release F-1 Confidential COPIES DESCRIPTION DATE 1 Thank you. 401 WATER QUALITY CERTIFICATION APPLICATION Sincerely, BISSELL PROFFtESSIONAL GROUP 11/25/2019 WjAlrA > 1 R ��'� Office Use Only: Corps action ID no. 2018-00838 DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): 0 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑X Yes ❑ No For the record only for Corps Permit: ❑X Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Fost Tract LLC 2b. County: Currituck 2c. Nearest municipality / town: Moyock 2d. Subdivision name: The Fost Tract PD-R 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Sandra Fost 3b. Deed Book and Page No. DB 1391 Pg 861 3c. Responsible Party (for LLC if applicable): Bissell Professional Group 3d. Street address: 3512 North Croatan Highway / Post Office Box 1068 3e. City, state, zip: Kitty Hawk, North Carolina 27949 3f. Telephone no.: 757-816-2006 (LLC) 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): Fost Tract LLC 4d. Street address: 417-D Caratoke Highway 4e. City, state, zip: Moyock North Carolina 27958 4f. Telephone no.: 757-816-2006 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Mark Bissell 5b. Business name (if applicable): Bissell Proffessional Group 5c. Street address: 3512 North Croatan Highway / Post Office Box 1068 5d. City, state, zip: Kitty Hawk North Carolina 27949 5e. Telephone no.: 252-261-3266 5f. Fax no.: 252-261-1760 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 8031-80-3559 1 b. Site coordinates (in decimal degrees): I Latitude: 36.491912 Longitude: -76.15037 1 c. Property size: 228.8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Roland Creek Canal 2b. Water Quality Classification of nearest receiving water: Roland Creek 2c. River basin: Albemarle-Chowan 03010205 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site consists of agricultural fields and cutover woodsland. Residential development and agricultural uses border all sides of project site. 3b. List the total estimated acreage of all existing wetlands on the property: 17 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Install culverts and construct roadway crossings at 3 separate locations to provide access for residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: Install culverts and construct roadway crossings at 3 separate locations. Excavator, dump trucks, and bull dozers will be used for the work. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑x Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): RG-W Staff, Washington NC Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. March 22, 2018. See attached documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. USACE issued a NWP 18 to install culverts to cross a jurisdictional Waters of the US only. Total impacts were 1,200 sq ft. 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. Initial development will occur in the open field areas with later phases to take place in the cutover woodsland area. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Culvert Pine Flat No Corps 0.16 W2 P Culvert Pine Flat No Corps 0.06 W3 P Culvert Pine Flat No Corps 0.04 W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.26 2h. Comments: Jurisdictional areas to be impacted includes 3 small fingers of the subject wetland area. No other wetland impacts will take place associated with this project. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 _ Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B 1 Yes/No B2 Yes/No B3 Yes/No B4 _ Yes/No B5 _ Yes/No B6 I Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Culvert roadway crossings will be installed at 3 separate locations to allow road access to proposed single-family residential development. The crossings were designed at the narrowest areas to minimize impacts to jurisdictional wetlands. The road widths have also been minimized to meet county and local codes and within the smallest allowable foot print. There will be no other impacts to wetlands associated with this project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fences, hay bales, and grass mat seeding will be utilized to prevent any off site sedimentation. Fill will be discharged into the authorized fill area via dump truck and spread with rubber tire equipment. An excavator will also be used to spread fill material and shape the area without having to actually be in the fill foot print. 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: The Great Dismal Swamp Restoration Bank LLC / Timberlake Farm 3b. Credits Purchased (attach receipt and letter) Type: Non -riparian wetland Type: Choose one Type: Choose one Quantity: 0.53 acre Quantity: Quantity: Letter a ace indicating credits are available upon permit issuance. Credits will be purcnasecl imme is e y upon permit issuance. 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Stormwater Management Plan is currently in late stages of development and in consultation with NCDEQ requirements. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Plan in development and awaiting initial submission to NCDEQ. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Currituck County . ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review NCoastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Property County owner currently working with Currituck for waste disposal related needs. Page 9 of 10 PCN Form — Version 1.4 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ® Yes ❑ No 5b. Have you checked with the USFINS concerning Endangered Species Act ® Yes ❑ No impacts? Be. if yes, Indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical Habitat? Vft" W Heft o Data 6. Essential Fish Habitat (Corps Requirement) y v� 6a. NO this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement 7a. Will this project occur to or near an area that the state, federal or tribal _ governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Web based Heftge Data 8. Flood Zone Designation (Corps Requirement 8a. NO this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: _ 8c. What source(s) ddd you use to make the floodplain determination? T.,4��a otti� Applicant/Agenrs Printed Name Appkcan � (Agents h vetd only N an suthodtakn -- Page 10 of 10 ate U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00838 County: Currituck U.S.G.S. Quad: Lambs Corner NE NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Sandra D. Fost Address: 121 Soundshore Drive Currituck, North Carolina 27929 Telephone Number: 252-232-3005 Size (acres) 228.8 acres Nearest Waterway Roland Creek USGS HUC 03010205 Nearest Town Snowden River Basin Albemarle-Chowan Coordinates Latitude: 36.491912 N Longitude:-76.150370 W Location description: Property is an approximate 228.8-acre tract located off US Highway 168 and Survey Road, adjacent to Roland Creek and the Northwest River, near Snowden, in Currituck County, North Carolina. The project area consists of an approximate 102-acre wooded area immediately adjacent to the existing agricultural fields on the property. Currituck County PARID: 001500000860000. TAXID: 130052. NC PIN 8031-80-3559. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including 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). The waters, including 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 overall 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 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 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. Page 1 of 5 SAW-2018-00838 Fost Farm _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA 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 Date. 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 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. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act v (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 Raleigh W. Bland. PWS at (910) 2514564 or Raleigh.w.blandna,usace.army.mil. C. Basis For Determination: The delineated wetlands on this site meets the wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual. The wetlands are a part of a broad continium of wetlands connected to Roland Creek and the Northwest River. D. Remarks: Department of the Army authorization is required to work within any jurisdictional waters and or wetlands on the property. 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 March 30, 2017. Page 2 of 5 SAW-2018-00838 Fost Farm **It is not necessary to submit an RFA form to the Div' ion Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: April 30, 2018 Expiration Date: N/A for PJD 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 httpl/corpsmapu usace army.mil/cm apex/f?12=136:4:0. Copy Furnished: CESAW/RG-WBland Page 3 of 5 SAN-2018-00838 Fost Farm NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Fost Farm File Number:SAW 2018-00838 April 30, 2018 See Section below Attached is: ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of emission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ZI 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/Reg_ulatoaProgramandPertnits 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 11 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. Page 4of5 SAW'-2018-00838 Fost Farm 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: Raleigh W. Bland, PWS CESAD-PDO 2407 West 5" Street U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 1OM15 910-252-4558 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 investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Raleigh W. Bland, PWS, 2407 West 5"' Street Washington, North Carolina 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Page 5 of 5 t4ational Map 3D Elevation Proqrarn ODEP). Data refresh >13 d3GE `jaseaea sai_iepuno8 leuoi4eN :dej�j leuoiaeN ayl I I� Ln iz s' .� louo_7 Kaa�7 puo/ ;A lh �1 10oy:,5 a Vp,w r r r r i Survey • • XIt D S Y,O To�: • z ' a Sta iCI,C. ✓F � C a , W % 1 4 Ro �I i „.: Qj _ No \ , Ws -® 1. - .. V �i t \ , \ , 1 .. �� �. �� •- / ._- c°r• �Son_Dr / Job `� RI. ancti,a/, \ Wa ale earth,* �s GoogIe `� 4000 ft .: WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Fost Trail Clty/County: Moyock / Cunituck Sampling Date: March 23, 2018 Applicant/Owner. Sandra Fost 121 Soundshore Drive Cunituck 27929 State: NC Sampling Point: N-1 Investigator(s): Bland USACE RG-W Section, Township, Range: Moyoc k / Snowden / Lambs Comer NE Landfomt (hillslope, terrace, etc.): Marine Terrace Local relief (concave, convex, none): concave Slope (%): 0-2% Subregion (LRR or MLRA): USDA LRR-T Let: 35.491912 N Long:-76.150370 W Datum: NAD 83 Soil Map Unit Name: Mapped as No - Nimmo loamy sand NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes ® No ❑ (If no, explain in Remarks.) Are Vegetation ICJ , Soil ❑ , or Hydrology 0 significantly disturbed? Are 'Normal Circumstances' present? Yes ® No ❑ Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (if needed, explain any answers In Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, Important features, etc. Hydrophytic Vegetation Present? Yes _Z No r-1 Is the Sampled Area Hydric Soil Present? Yes _R No _ n within a Wetland? Yes _M No n Hvdroloav Present? Yes __0 No _ n All 3 required wetland parameters are satisfied per the Corps of Engineers 1987 Manual and the Atlantic and Gulf Coastal Plain Regional Supplement and this area is adjacent to a Waters of the US connected to the Northwest River. HYDROLOGY Wetland Hydrology indN%Atoms: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that aooly) ❑ Surface Soil Cracks (86) Surface Water (A1) ❑ Aquatic Fauna (1313) ❑ Sparsely Vegetated Concave Surface (B8) High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1370) Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (816) ❑ Water Marks (131) Oxidized Rhizospheres on Living Roots (C3) ❑ Dry -Season Water Table (C2) SedimentDeposits (B2) ❑ Presence of Reduced Iron (C4) ❑, Crayfish Burrows (C8) Drift Deposits (133) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (134) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (135) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (133) ❑ Inundation Visible on Aerial Imagery (137) ❑ FAC-Neutral Test (D5) Water -Stained Leaves (139) ❑ Sphagnum moss (138) (LRR T, U) Field Observations: Surface Water Present? Yes _1❑ppI� �p1 No Jpt Depth (inches): None Water Table Present? Yes J No _❑I1 Depth (inches): <12 In Saturation Present? Yes 11ppl1t _M fi No J_Depth (inches): <6 In I�1 Wetland Hydrology Present? Yes _� No F1 includes capillary Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Aerial photography on Google Earth. Remarks: This area of the property exhibits lower topography than the rest of the tract US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: N-1 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 It ) % Cover Species? Status 1. Pinus teeda 50 -A Yes FAC Number of Dominant Species 6 2. Acer rubrum 10 % Yes FAC That Are OBL, FACW, or FAC: (A) 3. Cluercus phellos 5% No FACW Total Number of Dominant 6 4. Persea borbonia 5% No FACW Species Across All Strata: (B) 5. 6 Percent of Dominant Species 100 % 7 That Are OBL, FACW, or FAC: (AB) 8. Prevalence Index worksheaL 70 % = Total Cover 50% of total cover: 35% 20% of total cover. 14% Total % Cover of Multiply OBL species x 1 = SaDlirw/Shrub Stratum (Plot size: 30ft 1 FACW species x 2 = 1. Fraxinus pennsylvanica 15 % Yes FACW 2. Gordonia lasianthus 10 % Yes FACW FAC species x 3 = 3. Ilex glabra 10 % Yes FACW FACU species x 4 = 4. 5. UPL species x 5 = 6 Column Totals: (A) (B) 7. 8. Prevalence Index = BIA = Hydrophytic Vegetation Indicators: 35 % = Total Cover 50% of total cover: 17.6% 20% of total cover. 1 - Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 30 ft ) 2 - Dominance Test is >50% 1. Arundinaria gigantea 25% Yes FAC 3- Prevalence Index is s3.0' 2. Andropogon alomeratus. 5% No FACW Problematic Hydrophytic Vegetation' (Explain) 3 4. 5. 'Indicators of hydric soil and wetland hydrology must be 6. present, unless disturbed or problematic. 7. 8• Definitiorrs of Four Vegetation Strata: 9. 10. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 11. larger in diameter at breast height (DBH), regardless of 12. height 30 0/6 = Total Cover SaplinglShrub -Woody plants, excluding vines, less 50% of total cover: 12.5% 20% of total cover. 5% than 3 in. DBH and greater than 3.28 ft. (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless Woody Vine Stratum (Plot size: 30 ft ) of size, and woody plants less than 3.28 ft tall. 1. Smilax laurifolia u 5% No FACW 2. Toxicodendron radicans 5% No FAC Woody vine - All woody vines, greater than 3.28 ft. in 3. height. 4. 5. 10 % = Total Cover 50% of total cover. 20% of total cover:2 Remarks: (If observed, list morphological adaptations below). This area has been recently dear cut Hydrophytic Vegetation Present? Yes _� No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc? Texture 0-7 10 YR 411 100 loam 7-14 10 YR 611 90 10 YR 616 10 C M loam 14-26 10 YR 611 90 10 YR 416 10 C M loam 25-36+ 10 YR 512 80 10 YR 616 20 G M Sandy loam Remarks muck Point: 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Sousa: Histosol (Al) II Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) II Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) Black Histic (A3) ❑ Loamy Mucky Mineral (F1) (LRR O) II Reduced Vertic (F18) (outside MLRA 150A,S) Hydrogen Sulfide (A4) II Loamy Gleyed Matrix (F2) II Piedmont Floodpiain Soils (F19) (LRR P, S, T) II Stratified Layers (A5) Depleted Matrix (F3) II Anomalous Bright Loamy Soils (F20) (MLRA 153B) Organic Bodies (A6) (LRR P, T, U) II Redox Dark Surface (F6) ❑ Red Parent Material (TF2) II 5 cm Mucky Mineral (A7) (LRR P, T, U) II Depleted Dark Surface (F7) II Very Shallow Dark Surface (TF12) a Muck Presence (All) (LRR U) II Redox Depressions (F8) II Other (Explain in Remarks) Q 1 cm Muck (A9) (LRR P, T) II Mari (F10) (LRR U) II Depleted Below Dark Surface (A11) II Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) II Iron -Manganese Masses (F12) (LRR O, P, T) 'indicators of hydrophyfic vegetation and wetland hydrology II Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U) must be present, unless disturbed or problematic. II Sandy Mucky Mineral (S1) (LRR O, S) II Delta Ochric (F17) (MLRA 151) Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 150A,150B) II Sandy Redox (S5) 0 Piedmont Floodplain Soils (F19) (MLRA 149A) II Stripped Matra (S6) II Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C,163D) n Dark Surface (S7) iLRR P. S. T. U) Type: Depth (inches): Matches USDA-NCSS Sal Web Network Link Profile Mapping for Nimmo loamy sand. Soil Present? Yes �M No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region Version 2.0 WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: Fost Tract City/County: Moyoc k / Currituck Sampling Date: March 23, 2018 Applicant/Owner. Sandra Fost 121 Soundshore Drive Currttudk 27929 State: NC Sampling Point: CF-1 Investigator(s): Bland USAGE RG-W Section, Township, Range: Moyoc k / Snowden / Lambs Comer NE Landforrn (hillslope, terrace, etc.): Marine Terrace Local relief (concave, convex, none): concave Slope (%): 0-2% Subregion (LRR or MLRA): USDA LRR-T Lat: 35.491912 N Long:-76.150370 W Datum: NAD 83 Soil Map Unit Name: Mapped as Ca — Cape Fear loam NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes ® No ❑ (If no, explain in Remarks.) Are Vegetation ❑ , Sal ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances' present? Yes ® No ❑ Are Vegetation ❑ , Soil F-1_, or Hydrology ❑ naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, important features, etc. Hydrophytic Vegetation Present? Yes _- No IpI r-1 Is the Sampled Area Hydric Soil Present? Yes No �Ipll within a Weiland? Yes _❑ No Hydrology Present? Yes _ No Remarks: All 3 required wetland parameters are not satisfied per the Corps of Engineers 1987 Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) ❑ Surface Soil Cracks (B6) Primary indicators (minim ror, of one is reguired• Surface Water (All) check all that aoDly) ❑ Aquatic Fauna (1313) ❑ Sparsely Vegetated Concave Surface (88) ❑ High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (C1) ❑ Moss Trim Lines (1316) ❑ Water Marks (131) ❑ Oxidized Rhizospheres on Living Roots (C3) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (B2) Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (63) r❑—� ❑ Recent Iron Reduction in Tilled Soils (06) ❑ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (132) ❑ Iron Deposits (135) ❑ Other (Explain In Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (67) ❑ FAG -Neutral Test (D5) ❑ Water -Stained Leaves (139) ❑ Sphagnum moss (D8) (LRR T. U Field Observations: Surface Water Present? Yes __�Lp_It No Jrp—Il Depth (inches): None Water Table Present? Yes _Ilpplt Saturation Present? Yes _tpt No _1I-1I Depth (inches): >36 in No Depth (inches): 25 in rn-1 Wetland Hydrology Present? Yes Jl No includes capillary hinge) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Aerial photography on Google Earth. Remarks: This area of the property Is Influenced by several drainage ditches and a network of agricultural field ditches in the immediate vicinity. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Absolute Dominant Tree Stratum (Plot size: 30 It ) % Cover Species? 1. Pinus taeds 60 % Yes 2. Acer rubrum 10 % Yes 3. Quercus albs 10 % Yes 4. Liquidambar styraaflua 5% No 5. 6. 7. -- 8. 85 % = Total Cover 50% of total cover 42.5 20% of total cover 17% SaolindShrub Stratum (Plot size: 30 ft ) 1. Ilex opaca 40 % Yes 2. Comus florida 10 % Yes 3. Ilex conces 5% No 4. Phytolace americans 5% No 5. 6. 7. 8. 60 % = Total Cover 50% of total cover: 30% 20% of total cover: 1� Herb Stratum (Plot size: 30 ft ) 1. Arundinaria gigantea 20.0/6 Yes 2. Euthamia spp. 5% No 3. - 4. 5. 6. 7. 8. 9. 10. 11. 12. 25 % = Total Cover 50% of total cover. 12.5% 20% of total cover. 5% Woody Vine Stratum (Plot size: 30 ft ) Sampling Point: CF-1 Indicator Status Dominance Test worksheaL Number of Dominant Species 4 That Are OBL, FACW, or FAC: _ Total Number of Dominant 6 Species Across All Strata: _ Percent of Dominant Species 66 % That Are OBL, FACW, or FAC: _ FAC FAC FACLI FAC FACU I' 1. smilax glauca 5% No FAC 2. Smilax rotundifolia 50/0 No FAC 3. _ 4. _ 5. _ 10 % = Total Cover 50% of total cover. 5% 20% of total cover. This area has been recently clear cut valance Index worksheets Total % Cover of. Multiply by: species x 1 = N species x 2 = species x 3 = J species x 4 = species x 5 = Tin Totals: (A) Prevalence index = B/A = Hydrophytic Vegetation Indicators: n 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is 53.0' D Problematic Hydrophydc vegetation' (Explain) (A) (B) (A/B) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: (B) Yree - Woody plants, excluding vines, 3 in. (7.6 cm) or larger in diameter at breast height (DBH), regardless of height. SaplinglShrub - Woody plants, excluding vines, less than 3 in. DSH and greater than 3.28 ft. (im) tall. Herb -All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vine - All woody vines, greater than 3.28 ft. in height. Hydrophytic Present? t Yes _� No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 SUIL 'ziampling romt: Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' L062 Texture 0-15 10 YR 2/1 100 loam 15-22 10 YR 411 90 10 YR 312 10 C M Clay loam 22-W 10 YR fill 90 10 YR 312 10 C M clay Remarks Pass ribbon and bounce test 'Type: C=Concentration, D-Depletion, RM=Reduced Matrix, CS -Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils°: II Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) II 1 cm Muds (A9) (LRR O) n Histic Epipedon (A2) II Thin Dark Surface (S9) (LRR S, T, U) II 2 cm Muck (Al0) (LRR S) Black Histic (A3) Q Loamy Mudry Mineral (F1) (LRR O) II Reduced Vertic (F18) (outside MLRA 150A,B) II Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) II Piedmont Floodplain Soils (F19) (LRR P, S, T) II Stratified Layers (A5) Depleted Matrix (F3) II Anomalous Bright Loamy Soils (F20) (MLRA 153B) Organic Bodies (A6) (LRR P, T, U) II Redox Dark Surface (F6) II Red Parent Material (TF2) 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) II Very Shallow Dark Surface (TF12) II Muds Presence (All) (LRR U) II Redox Depressions (F8) II Other (Explain in Remarks) II 1 cm Muds (A9) (LRR P, T) II Mari (F10) (LRR U) II Depleted Below Dark Surface (Al 1) II Depleted Ochric (F11) (MLRA 151) - Thick Dark Surface (Al2) II Iron -Manganese Masses (F12) (LRR O, P, T) alndicators of hydmphyfic vegetation and wetland hydrology n Coast Prairie Redox (A16) (MLRA 150A) II Umbric Surface (F13) (LRR P, T, U) must be present, unless disturbed or problematic. Sandy Mucky Mineral (Si) (LRR O, S) II Delta Ochric (F17) (MLRA 151) Sandy Gleyed Matrix (S4) II Reduced Vertic (F18) (MLRA 150A,150S) Sandy Redox (S5) II Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) II Anomalous Bright Loamy Soils (F20) (MLRA 149A,153C,153D) Dark Surface (S7) (LRR P. S. T. U) Type: Depth (inches): Hydric Soil Present? Yes No _ Q Matches USDA-NCSS Soil Web Network Link Profile Mapping for Cape Fear loam. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Fost Tract City/County: Moyock / Cunituck Sampling Date: March 23, 2018 Applicant/Owner. Sandra Fost 121 Soundshore Drive Currituck 27929 State: NC Sampling Point: WS-1 Investigator(s): Bland USACE RG-W Section, Township, Range: Moyock / Snowden / Lambs Comer NE Landform (hillslope, terrace, etc.): Flat Local relief (concave, convex, none): None Slope (%): 0-2% Subregion (LRR or MLRA): USDA LRR-T Let: 35A91912 N Long:-76.150370 W Datum: NAD 83 Soil Map Unit Name: Mapped as Ws— Wasda muck NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes ® No ❑ (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are 'Normal Circumstances" present? Yes ® No ❑ Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, Important features, etc. Hydrophytic Vegetation Present? Yes _Ipt No 1pI �•I Is the Sampled Area Hydric Soil Present? Yes rrp--��tt No _ ILoIt within a Wetland? Yes _❑ No fi Hvdroloav Present? Yes _ No All 3 required wetland parameters are not satisfied per the Corps of Engineers 1987 Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. uvnonr nr_v Wetland Hydrology Indicators Secondary Indicators (minimum of two required) ❑ Surface Soil Cracks (B6) Primary Indicators (minimum of one is required: Surface Water (Al) check all that aoaly) ❑ Aquatic Fauna (1313) ❑ Sparsely Vegetated Concave Surface (B8) High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (B10) Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (13116) ❑ Water Marks (131) ❑ Oxidized Rhizospheres on Living Roots (C3) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (132) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) Drift Deposits (83) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (CO) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (132) ❑ Iron Deposits (1915) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (131) ❑ FAC-Neutral Test (D5) Water -Stained Leaves (B9) ❑ Sphagnum moss 138 (LRR T. U) Field Observations: r� Surface Water Present? Yes _ILp_It IpI No _frp-1l Depth (inches): None Water Table Present? Yes �Ipplr Saturation Present? Yes Nd _L1 Depth (inches): >361n r--� No Depth (inches): 25 In Weiland Hydrology Present? Yes _I� No includes capillary fit e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Aerial photography on Google Earth. Remarks: This area of the property Is Influenced by several drainage ditches on and adjacent to the property. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: WS-1 Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot size: 30 ft ) % Cover Species? Status 1. Pinus taeda 60 % Yes FAC Number of Dominant Species 4 2. Acer rubrum _ 10 % Yes FAC That Are OBL, FACW, or FAC: (A) 3. Quercus alba 10 % Yes FACU Total Number of Dominant 6 4. Liquidambar styraciflua 5% No FAC Species Across All Strata: (B) 5. 6 Percent of Dominant Species 66 % 7. That Are OBL, FACW, or FAC: (AB) 8. Prevalence Index worksheet: % =Total Cover 50% of total cover 42.5 20% of total cover 1 Total % Cover of: Multiply by: OBL species x 1 = Sa�jno/Shrub Stratum (Plot size: 30 ft ) FACW species x 2 = 1. Ilex Mca 40 % Yes FACW FAC species x 3 = 2. Comus florida 10 % Yes FACU 3. Ilex cortoes 5% No FAC FACU species x 4 = 4. Phytolace Americana 5% No FACU UPL spedes x 5 = 5. 6 Column Totals: (A) (B) T 7. 8. Prevalence Index = B/A = Hydrophytic Vegetation Indicators: 60 % = Total Cover 50% of total cover. 30 20% of total cover: 12 _ n 1 - Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 30 ft ) 0 2 - Dominance Test is >50% 1. Arundinaria gigantea 20% Yes FAC 3 - Prevalence Index is s3.0' 3: Euthamfa spe 5% No FAC Problematic Hydrophytic Vegetation' (Explain) 4. 5. 'Indicators of hydric soil and wetland hydrology must be 0. present, unless disturbed or problematic. 7. 8• Definitions of Four Vegetation Strata: 9. 10. Tree -Woody plants, excluding vines, 3 in. (7.6 an) or 11. larger. in diameter at breast height (DBH), regardless of 12. height. 25 % = Total Cover SaplingfShrub -Woody plants, excluding vines, less 50% of total cover. 1 .6° 20% of total cover. 5% than 3 in. DBH and greater than 3.28 ft. (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless Woody Vine Stratum Plot size: 30 ft ) .� S of size, and woody plants less than 3.28 ft tall. 1. Smilax glauca 5% No FAC 2. Smilax rotundifolia 5% No FAC Woody vine - All woody vines, greater than 3.28 ft. in 3. T height. 4. 5. 10 % = Total Cover 50% of total cover. 5% 20% of total cover. °% Remarks: (If observed, list morphological adaptations below). This area has been recently dear cut Hydrophytis Vegetation Yes No n Present? -R _ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 ;'1•� I ■ Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (Inches) Color (moist) % Color (moist) % Type' LocZ Texture 0-6 10 YR 211 muck 6-14 SYR 212 14-20 10 YR 412 loam 20-96+ 10YR 512 90 10YR 411 10 C M Remarks mottles Point: 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Sons°: Histosol (A1) f 3 Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muds (A9) (LRR O) Hislic Epipedon (A2) II Thin Dark Surface (S9) (LRR S, T, U) II 2 cm Muck 4A10) (LRR S) Black Histic (A3) II Loamy Mucky Mineral (F1) (LRR O) 0 Reduced Vertic (F18) (outside MLRA 160A,B) II Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) II Piedmont Floodplain Soils (F19) (LRR P, S, T) II Stratified Layers (A5) Depleted Matrix (F3) II Anomalous Bright Loamy Soils (F20) (MLRA I=) Organic Bodies (A6) (LRR P, T, U) II Redox Dark Surface (F6) II Red Parent Material (TF2) Q 5 cm Mucky Mineral (A7) (LRR P, T, U) II Depleted Dark Surface (177) II Very Shallow Dark Surface (TF12) Muck Presence (A8) (LRR U) II Redox Depressions (F8) II Other (Explain in Remarks) 1 cm Muck (A9) (LRR P, T) II Marl (F10) (LRR U) Depleted Below Dark Surface (Al1) ❑ Depleted Ochric (F11) (MLRA 151) 0 Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and wetland hydrology n Coast Prairie Redox (A16) (MLRA 150A) II Umbric Surface (1713) (LRR P, T, U) must be present, unless disturbed or problematic. II Sandy Mucky Mineral (S1) (LRR O, S) II Delta Ochric (F17) (MLRA 151) Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 160A,1508) II Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) II Stripped Matrix (S6) II Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) n Dark Surface (S7) (LRR P. S, T, U) . Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes _ R No _n Matches USDA-NCSS Soil Web Network Link Profile Mapping for Wasda muck. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0