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
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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.
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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
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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.
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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