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HomeMy WebLinkAbout20200158 Ver 1_PCN Form Submission_20200127DWR Division of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes IT No Change only if needed. BIMS # Assigned 20200158 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Long Beach Lot 20, Bilk 181, Sec N-5 1a. Who is the Primary Contact?* Tom Gulley 1b. Primary Contact Email:* tgulley@gmail.com Date Submitted 1 /27/2020 Nearest Body of Water Montgomery Slough Basin Lumber Water Classification SA/HQW Site Coordinates Latitude: Longitude: 33.917345-78.142511 A. Processing Information County (or Counties) where the project is located: Brunswick Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Robb Mairs:eads\rlmairs2 1c. Primary Contact Phone:* (910)297-1282 U 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 18 - Minor Discharges le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - Express F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Stone Farm Acceptance Letter.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 11. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Todd Surratt 2b. Deed book and page no.: 3977/1369 & 1370 2c. Responsible party: 2d.Address Street Address PO Box1025 Address Line 2 city Denton Pbstal / Zip Code 27239 2e. Telephone Number: (336)250-2333 2g. Email Address:* ksurratt@triad.rr.com State / Ravine / FLgion NC Country USA 2f. Fax Number: 92.09KB r Yes r No r Yes r No 3. Applicant Information (if different from owner) 3a. Name: Tom Gulley 3b. Business Name: Needham Environmental, Inc 3c.Address Street Address PO Box 960 Address Line 2 (Sty State / Rovince / Fbgion Wilmington NC Postal / Zip Code Country 28402 USA 3d. Telephone Number: 3e. Fax Number: (910)297-1282 3f. Email Address:* tgulley@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Tom Gulley 4b. Business Name: Needham Environmental, Inc 4c.Address Street Address PO Box 960 Address Line 2 CSty State / Province / F Lgion Wilmington NC Postal / Zip Code Country 28402 USA 4d. Telephone Number: 4e. Fax Number: (910)297-1282 4f. Email Address:* tgulley@gmail.com Agent Authorization Letter* Surratt Agent Authorization. pdf 9.02MB C. Project Information and Prior Project History u 1. Project Information 1b. Subdivision name: (d appropriate) Long Beach 1c. Nearest municipality/ town: Oak Island 2. Project Identification 2a. Property Identification Number: 2b. Property size: 235JO001 0.17 2c. Project Address Street Address 117 SE 19th St Address Line 2 (Sty State / Province / Rion Oak Island NC Postal / Zip Code Country 28465 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Montgomery Slough 3b. Water Resources Classification of nearest receiving water:* SA/HQW 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080107 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site has been mowed and due to some overturned trees to the south, which have blocked surface water flow, there is a few inches of standing water over about 2/3rds of the lot. There is a new single-family home on the adjacent lot to the north. There are two single-family homes across 19th St.There is a vacant lot that has been recently cleared and filled to the south. There is a vacant lot to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* C Yes r No C Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS Quad - Surratt 19th St Lots.pdf 1.04MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soil Survey - Surratt 19th St Lots.pdf 383.84KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.14 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* Construction of a single-family home. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Construction of a new single-family home. House will be constructed on pilings. Small crane to be used to drive pilings and during construction. Dump trucks and skid -steer used to level fill. Beyond that typical equipment for house, construction to be used. 4j. Please upload project drawings for the proposed project. Surratt wetland impact map with cross sections.pdf 117 SE 19th Street house plan.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes C No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary C Approved C Not Verified C Unknown C N/A Corps AID Number: SAQ-2017-02455 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Tom Gulley Needham Environmental, Inc. 209.07KB 868.95KB C Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR PJD dated 1 /31/2018 5d1. Jurisdictional determination upload Signed JD tearsheet.pdf 177.91 KB 6. Future Project Plans 6a. Is this a phased project?* C Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary Ia. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts .................. ............ 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name* 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* F1 Fbrrie Construction JP Estuarine Woody Wetland F1 ff—=Erps 0.084 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.084 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.084 Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Home placed in northeastern portion of lot to minimize impact area. Home placed at front building setback to minimize impact area. tb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Wetland impacts were limited to area under home and minimal area needed for sideslopes. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? 17 Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Stone Farm Regional Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.20 Attach Receipt and/or letter Stone Farm Acceptance Letter.pdf 92.09KB 3c. Comments Typically compensatory mitigation is required for all wetland impacts on barrier islands, so compensatory mitigation is proposed at a 2:1 ratio. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan Ia. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Buffer Rules do not apply to Lumber River basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: G. Supplementary Information U 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a small individual lot recorded in an eAsting subdivision, so construction on this lot will not cause construction on adjacent lots. There will be no other construction on the subject lot. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Oak Island Public Utilities 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No r Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Designated Critical Habit Maps on the Wilmington District USACOE website. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes f• No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWeb 2.0 7c. Historic or Prehistoric Information Upload HPOWEB.pdf 310.41 KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Home to be constructed on piling above flood level. 8c. What source(s) did you use to make the floodplain determination?* FEMA Floodmap portal Miscellaneous Comments Site adjacent to SA Waters. There is standing water in portions of the impact are and an OHWM. See attached wetland impact map. Miscellaneous attachments not previously requested. Signature * W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; . I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: James Tom Gulley Jr Signature 07-1 2 Iles C%`2 Date 1 /27/2020 STONE FARM REGIONAL MITIGATION BANK CREDIT REQUEST ACCEPTANCE Date: 11 /26119 Tom Gully Needham Environmental, Inc PO Box 960 Wilmington, NC 28402 Project Name: 117 SE 19th Street Expiration of Acceptance: May 26, 2020 SFMB Number: Dear Mr. Tom Gully: Stone Farm Mitigation Bank, LLC 2618 New Village Way Wilmington, NC 28405 (910) 251-8543 DRAFT The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios that will be required for the corresponding wetland and/or stream impacts. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity. This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. it is the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of the permit(s), an invoice will be issued based on the information identified below. Payment must be made prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and amounts identified below are consistent with the compensatory mitigation requirements of the permit(s) issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation requirements. Based on the information supplied by the applicant, the impacts that may require compensatory mitigation are summarized in the following table: CU Location Stream (ft.) _ Wetlands ac. Nonri arian Ri Impact Credits 03040207 .20 Note that the impact and credit totals above were provided by the applicant. It is the applicant's responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or its agents are not responsible for determining the required credit amounts. The Bank's decision to accept credits is based upon the information provided by the applicant. The Bank is not liable for any credit shortage should the applicant's required mitigation credits exceed the amount specified in the above table. Based upon the type and amounts of credits requested above, the following payment must be provided to the Bank prior to issuance of credits: Credit Type Unit Per Unit Credit Fee Sub -Total Stream 0 $525.65 $0.00 Nonriparian Wetland 0.2 $52,273.99 $10,454.80 Riparian Wetland 0 $52.273.99 $0.00 Total Payment Due $10,454.80 Non-refundable Deposit $1,045.48 Balance Due Upon Invoice $9,409.32 Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and should the applicant want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit request form to the Bank. If you have any questions or need additional information, please contact Jordan Cline at 910-251-8543 or jordan@dwenterprises.net Sincerely, atart'K, 0, JQ 'W JIG an Cline Stone Farm Mitigation Bank, LLC cc: NCDWQ-Raleigh USACE NCDWQ-Local Agent STONE FARM REGIONAL MITIGATION BANK CREDIT REQUEST ACCEPTANCE Date: 11 /26119 Tom Gully Needham Environmental, Inc PO Box 960 Wilmington, NC 28402 Project Name: 117 SE 19th Street Expiration of Acceptance: May 26, 2020 SFMB Number: Dear Mr. Tom Gully: Stone Farm Mitigation Bank, LLC 2618 New Village Way Wilmington, NC 28405 (910) 251-8543 DRAFT The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios that will be required for the corresponding wetland and/or stream impacts. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity. This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. it is the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of the permit(s), an invoice will be issued based on the information identified below. Payment must be made prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and amounts identified below are consistent with the compensatory mitigation requirements of the permit(s) issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation requirements. Based on the information supplied by the applicant, the impacts that may require compensatory mitigation are summarized in the following table: CU Location Stream (ft.) _ Wetlands ac. Nonri arian Ri Impact Credits 03040207 .20 Note that the impact and credit totals above were provided by the applicant. It is the applicant's responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or its agents are not responsible for determining the required credit amounts. The Bank's decision to accept credits is based upon the information provided by the applicant. The Bank is not liable for any credit shortage should the applicant's required mitigation credits exceed the amount specified in the above table. Based upon the type and amounts of credits requested above, the following payment must be provided to the Bank prior to issuance of credits: Credit Type Unit Per Unit Credit Fee Sub -Total Stream 0 $525.65 $0.00 Nonriparian Wetland 0.2 $52,273.99 $10,454.80 Riparian Wetland 0 $52.273.99 $0.00 Total Payment Due $10,454.80 Non-refundable Deposit $1,045.48 Balance Due Upon Invoice $9,409.32 Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and should the applicant want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit request form to the Bank. If you have any questions or need additional information, please contact Jordan Cline at 910-251-8543 or jordan@dwenterprises.net Sincerely, atart'K, 0, JQ 'W JIG an Cline Stone Farm Mitigation Bank, LLC cc: NCDWQ-Raleigh USACE NCDWQ-Local Agent rizati on Form gned, hereby authorize Needham Environmental, Inc. to act as our agent Environmental, Inc Main Office/Fax (910) 795-0319 Tom Gulley — tguiley@gmaii.com .0 P.O. Box 960,, Wihni'ngton, NC. 28402 0 Agent Autho TO WHOM IT MAY CONCERN: I/we, the undersi in the preparation and representation of information related to the tract listed below. This authorization grants permission for the USACE to enter the property for the purposes of jurisdictional wetlands determination as well as review of any areas that maybe included in a 404/401 or CAMA permits. This authorization, for liability and professional courtesy reasons, is valid only for government officia staff of Needham Environmental, Inc. TRACT NAME/PARCEL#.-4 TRACT LOCATION: t is to enter the property when accompanied by ID: 23510001, Lone Beach Lot 22., Blk 1 E 191h Street OWNER/APPLICANT: Todd Surratt SIGNATURE: DATE: S uk ir )r (x tt 11/21/19 ■ i 1. Sec N ■ 0 C 0 USGS Lockwoods Folly (NC) Quad Needham Environmental, Inc. Environmental Consultants Map Source: US Fish & Wildlife Service 1” ~ 3000’ NN 03-15-100 /COE Package.cdr IT ES Wilmington, NC November 2020 Long Beach Lot 20, Blk. 181, Sec. N-5 Oak Island, NC Generalized Soils Map Needham Environmental, Inc. Environmental Consultants 1” ~ 100’ NN 03-15-100 /COE Package.cdr Wilmington, NC November 2020 Long Beach Lot 20, Blk. 181, Sec. N-5 Oak Island, NC Map Source: Brunswick County Online GIS Lot boundary shown in Red. NN Wetland Impact Sketch Needham Environmental, Inc. Environmental Consultants Uplands - Area of planned disturbance and imperveous areas may require CAMA, stormwater, and sediment/erosion control permitting approval 404 Wetland area to be filled (F1) for house construction. Approximately 3678 square feet or 0.084 acres. LEGEND U N S H A D E D Map Source: VCS & Co, Inc Survey Wilmington, NC January 2020 03-15-100 /COE Package.cdr .084 ac 3678 sf Approximate OHWM Line Approximately 3144 square foot area below the OHWM line to be filled. Water in area is 0” to 4” deep or an average of 2” deep or approximately 19.4 cubic yards UPLAND S A 2 7 2 5 W -0 1 -0 4 5 House Footprint (34’ x 66’) 6’1:3 slope 8’8’1: slpe3o1:3 slopeDRIVEWAY When the wetlands on the subject property were delineated in 2017 there was no standing water on the lot. Since then, due to uprooted trees, surface water does not flow to the east which has created standing water on portions of the lot. 1” ~ 30’ 50’ HOME 2.5’36’ CONSTRUCTION CROSS-SECTIONS 72’ HOME 2.5’66’ rear front 1:3 slope 1:3 slope 1:3 slope Long Beach Lot 20, Blk. 181, Sec. N-5 Oak Island, NC Rip-Rap placed below OHWM elevation & sod placed above OHWM elevation Rip-Rap placed below OHWM elevation & sod placed above OHWM elevation (F1) c A m m z a z m m A N m z m C7:a O C am Z zA 0 T a nm ni Z n<_ m 5 n m n D auwat , wp�omer. TODD SVMTi s zrna wrVa er nrE Y m SAM MARTIN �75��� FLOOR ?LAN AND N b FOUNDATION PLAN U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-02455 County: Brunswick U.S.G.S. Quad: NC-Lockwood Folly NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Mr. Todd Surratt Address: Post Office 1025 Denton, North Carolina 27239 Size (acres) 0.35 Nearest Town Oak Island Nearest Waterway Long Bay River Basin Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.9174 Longitude: -78.1426 Location description: Project area is located at lots 20 and 22 SE 19th Street in Oak Island, Brunswick County, North Carolina. Parcel IDs are 235JO001 and 235JO002 Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/1/2017. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/17/2017. 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on SURVEY SIGNED 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 project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 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 Mr. Brennan Dooley at (910) 251-4694 or Brennan.j.dooley@usace.army.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 1/31/2018. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ______________________________________________________ Date of JD: 1/31/2018 Expiration Date of JD: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. DOOLEY.BRENNAN.JOHN.1512992613 Digitally signed by DOOLEY.BRENNAN.JOHN.1512992613 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DOOLEY.BRENNAN.JOHN.1512992613 Date: 2018.01.31 11:28:37 -05'00' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mr. Todd Surratt File Number: SAW-2017-02455 Date: 1/31/2018 Attached is: Wetland Delineation Sketch-Long Beach, Lots 20&22 See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. x 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. x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit x 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. x 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. x 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. x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Mr. Brennan Dooley Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Mr. Brennan Dooley , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 NCHPO HPOWEB Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Local districts & boundaries Local individual resources & centerpoints Local Landmark Local Landmark, Gone Local HD Center Point Surveyed Only individual resources & centerpoints Surveyed Only Surveyed in NRHD Surveyed Only, Gone Surveyed in NRHD, Gone Blockface- Multiple properties 1/27/2020, 8:56:47 PM 0 1 20.5 mi 0 1.5 30.75 km 1:72,224 North Carolina State Historic Preservation Office State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS |