20200206 Ver 1_PCN Form Submission_20200205

DWR
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?*
C Yes IT No
Change only if needed.
BIMS # Assigned
20200206
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 - [phone]
Information for Initial Review
1a. Name of project:
Townes at Seaside
1a. Who is the Primary Contact?*
Kim Williams - Land Management Group
1b. Primary Contact Email:*
[e-mail]
Date Submitted
2/5/2020
Nearest Body of Water
Calabash Creek
Basin
Lumber
Water Classification
SA; HQW
Site Coordinates
Latitude:
Longitude:
33.906501
-78.484453
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)
r- 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:*
[phone]
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
29 - Residential Developments
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:
r 401 Water Quality Certification - Express
r 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
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No 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:
Stan Lands Dev Inc
2b. Deed book and page no.:
2c. Responsible party:
Mike Prince
2d.Address
Street Address
PO Box150
Address Line 2
City
Longwood
Rostal / Zip Code
28459
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rovinoe / Rion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)

3a. Name:
Mr. Bryant Spencer
3b. Business Name:
Townes at Seaside, LLC
3c.Address
Street Address
2919 Breezewood Avenue; Suite 100
Address Lim 2
City
Fayetteville
Postal / Zip Code
28303
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Land Management Group
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
Agent Authorization Letter*
Signed Auth Form.pdf 15.58KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Sunset Beach
2. Project Identification
2a. Property Identification Number:
portion of 24200005
2c. Project Address
Street Address
Seaside Road
Address Lim 2
city
Sunset Beach
Postal / Zip Cate
28468
3. Surface Waters
2b. Property size:
42
State / Province / Fegion
NC
Country
USA
3a. Name of the nearest body of water to proposed project:*
Calabash Creek

3b. Water Resources Classification of nearest receiving water:*
SA; HOW
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402080302
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 is undeveloped. Most of the site was cleared of trees and currently supports only herbaceous species with a sparse canopy of mostly pine trees. Several ditches run along
property boundaries and through the site. Calabash Creek forms the southern boundary. Three wetland pockets are located in the western and southern parts of the site. Adjacent land
use is residential to the north, fields and forest to the east, a mix of undeveloped land, apartment complex, and single family residential land to the south, and forest to the west.
Note that the landowner is subdividing the larger tract and is selling this 42-acre portion of the parcel to the applicant. The owner will retain ownership of the areas along NC 904.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r' Yes r No r' Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Fig2-Topo.pdf
3.5MB
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)
Fig3-Soils.pdf 2.99MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.5 acre
4g. List the total estimated linear feet of all existing streams on the property:
- 1,400 LF along southern boundary
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a residential subdivision with duplexes (108 buildings), access roads, and utilities to meet the housing needs of this portion of Brunswick
County. Impacts to jurisdictional ditches are needed for site development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project consists of constructing a multi -family development with 108 buildings containing 216 duplexes. Two mail kiosks will be located in the western part of the site. Access roads
will be placed throughout the development. Stormwater ponds are planned in the western and southern parts of the site.
The limits of disturbance will be cleared of vegetation and graded. Utilities and stormwater facilities will be installed. The buildings will then be constructed. Track hoe, loader, dump
truck, bob cat, and other standard construction equipment wll be used.
41. Please upload project drawings for the proposed project.
19090 TOWNES AT SEASIDE-Layout1.pdf 1.14MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown f N/A
Corps AID Number:
Action ID# SAW-2015-01000
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wes Fryar
Agency/Consultant Company: Land Management Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
Gary Beecher of the USACE issued the JD on November 26, 2019.
5d1. Jurisdictional determination upload
SAW-2015-01000.pdf
6. Future Project Plans
1.35 MB
6a. Is this a phased project?*

(5 Yes
O No
Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands r Streams -tributaries f Buffers
W Open Waters r Pond Construction
4.Open Water Impacts
4a. Site # 4a1. Impact Reason 4b. Impact type Z. Name of waterbody 4d. Activity type 4e. Wate rbody type 4f. Impact area
Fill for Development
P
WA
Fill
_11
Ditch
0.10
Fill for Development
P
WA
Fill
_11
Ditch
0.21
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.31
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.31
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Al wetlands were avoided during site design. Jurisdictional channels span the entire length of the property and impacts were needed to provide
access and to adequately utilize uplands within the site.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A stormwater plan and erosion control plan will be implemented prior to site construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts are to jurisdictional ditches only. No wetland impacts are proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Site is located within the 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
2d. Which of the following stormwater management program(s) apply:
r Local Government V State
State Stormwater Programs
u

❑ Phase II V Coastal Counties
❑ HWQ or ORW r Other
Comments:
Project engineer is currently preparing a storm cater plan.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
U
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
c No
3b. If you answered "no," provide a short narrative description.
Project will not provide access or utilities to adjacent properties. No other wetland or ditch impacts are anticipated in the future on the site.
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.
Site will tie into municipal wastewater treatment system. A gravity collection system and pump station will be installed with a force main tie in to the
Brunswick County force main on NC 904.
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
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
r Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was reviewed to determine if there are known occurrences of rare species in or near the project area. No
rare species are known to occur within the site. The red -cockaded woodpecker and American alligator are known to occur within a one mile radius of
the site. Additionally, the WNS zone of the northern long-eared bat extends into Brunswick County. The site has some pine trees in its canopy, but
most appear to be too small to provide suitable nesting or foraging habitat for the RCW. Calabash Creek forms the southern boundary, but is likely too
small to provide suitable habitat for the alligator. Since no northern long-eared bat roost trees or hibernacula are known to occur in the county, any
impacts to the bat from tree clearing is exempt per the 4(d) rule issued for the species.
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?*
t^ Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The SHPO HPOWEB GIS website was reviewed. No historic or cultural resources were identified on or adjacent to the site.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 1 00-year floodplain? *
r Yes
r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Fig1-Vicinity.pdf
Fig4-Aerial.pdf
Signature
*
PT By checking the box and signing below, I certify that:
7.57MB
4.48MB
• 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:
Kimberlee C Williams
Signature
Date
2/5/2020

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Townes at Seaside project located in Sunset Beach, NC (Brunswick County). All
questions regarding this project should be directed to Land Management Group.
Sincerely,
Townes at Seaside, LLC
Applicant
YL �AJt �►Jc.€dL
Print ame
—�— Date

0 1 20.5 MilesScale applies to 11X17" print.
3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 1Vicinity Map ³L:\WETLANDS\2020 WETLANDS FILES\LMG20.002 Boundaries are approximate and not meant to be absolute. Map Source: 2008 DeLorme Atlas & Gazetteer, pg. 86
Project Area
Townes at Seaside
Brunswick County, NC
January 2020LMG19.133
Esri, HERE, Garmin, © OpenStreetMap contributors
0 600 1,200300FeetScale applies to 11X17" print.
3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 2Topographic Map
Townes at Seaside
Brunswick County, NC
January 2020LMG19.133 ³L:\WETLANDS\2020 WETLANDS FILES\LMG20.002 Boundaries are approximate and not meant to be absolute. Map Source: USGS Brunswick County GIS Mosaic
Project Area
To
Gt
Fo
Fo
BaB
To
Esri, HERE, Garmin, © OpenStreetMap contributors
0 300 600150FeetScale applies to 11X17" print.
3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 3Soils Map ³L:\WETLANDS\2020 WETLANDS FILES\LMG20.002 Boundaries are approximate and not meant to be absolute. Map Source: GIS Soils Data
Project Area
LegendFo: Foreston loamy fine sand Gt: Grifton fine sandy loamTo: Torhunta mucky fine sandy loam Townes at Seaside
Brunswick County, NC
January 2020LMG19.133
Esri, HERE, Garmin, © OpenStreetMap contributors
0 300 600150FeetScale applies to 11X17" print.
3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Figure 4 Current Aerial ³L:\WETLANDS\2020 WETLANDS FILES\LMG20.002 Boundaries are approximate and not meant to be absolute. Map Source: 2016 NC One Map
Project Area
Townes at Seaside
Brunswick County, NC
January 2020LMG19.133
N 13°59'16" W 2860.18' ( Ground )NC HWY 904
RUN OF BIG SWAMP CANALMag Nail Fd.Leak St.Gate 1Seaside NorthIRREGULAR R/WEx. San Sewer ManholeRim=25.26'Rim=Inv= 16.86'Proposed 30'Sewer EasementMag Nail Fd.Gate 2Gate 3Drop Inlet Grate=23.33'INV Out 18" RCP=19.24'INV 18" In RCP=19.29'18.55'INV 18" RCPINV RCP16.55'16.47'INV RCPEdge of Pavement22.54'22.34'22.61'22.83'23.07'23.57'25.53'25.32'24.95'26.40'25.09'23.43'23.69'24.11'24.30'24.79'24.19'23.83'26.40'27.13'26.98'26.06'25.90'25.19'Tel BoxTel Ped.Power Pole (Typ.)SignsFiber OpticSignGuy WireR/W R/WR/W 60' ROWASPHALT
Proposed Sewer EasementWidth VariesPORTE COCHEREPORCHPORCHCOVEREDSTAIRPORCHSCREENEDPORCHCOVEREDSTAIRCOV'D ENTRYSTOR. ROOMRISER ROOMD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/S45 MPH26.97'27.18'27.39'27.64'27.71'Edge of PavementN 66°34'53" E 924.29'S 08°40'20" E 542.20'S 66°34'53" W 484.18'50.26'51.70'440.23'N 87°15'02" E127.37'N 79°27'13" E94.01'133.32'S 79°27'13" W88.22'S 72°51'33" W496.76'51.56'C1C2427.65'N 66°34'53" E 427.07'L1L2L3L4L5L6L7L8L9420.07'50.45'59.92'N 09°17'38" W 582.00'in favor of NCDOT25' Permanent Easement RUN OF BIG SWAMP CANALMag Nail Fd.Mag Nail Fd. (Typ.)Leak St.Gate 1IRREGULAR R/WMag Nail Fd.Gate 2Drop Inlet Grate=23.33'INV Out 18" RCP=19.24'INV 18" In RCP=19.29'18.55'INV 18" RCPINV RCP16.55'16.47'INV RCPEdge of PavementPower Pole (Typ.)Tel BoxTel Ped.SignsFiber OpticSignGuy WireNC HWY 904EX. SSMH # 3Rim=25.12'Inv Out=19.41'Inv In=18.63'Rim=23.71'EX. SSMH # 2Inv Out=18.59'Inv Out=17.19'Inv In=17.22'Rim=23.63'EX. SSMH # 1STORMWATERPOND #1NP: 22.00TP: 23.00STORMWATERPOND #2NP: 20.25TP: 21.256363
70
NC 904 SEASIDE RD.RETENTION POND / OPEN SPACERETENTION POND / OPEN SPACE 1A1B2A2B3A3B4A4B5A5B6A6B7A7B8A8B9A9B10A10B11A11B12A12B13A13B14A14B15A15B16A16B17A17B18A18B19A19B20A20B21A21B22A22B23A23B24A24B25A25B26A26B27A27B28A28B29A29B30A30B31A31B32A34A34B35A35B37A37B38A38B39A39B40A40B41A41B42A42B43A43B44A44B45A45B46A46B47A47B48A48B49A49B50A50B51A51B52A52B53A53B54A54B55A55B56A56B57A57B58A58B59B59A60A60B61A61B62A62B63A63B64A64B65A65B66A66B67A67B68A68B69A69B70A70B71A71B72A72B73A73B74A74B75A75B76A76B78A78B79B
79A
81A81B82A
82B
83A
83B
84A
84B
85A
85B87A87B88A88B89A89B90
A
90
B
91A91B92A92B93A93B94A94B95A95B96A96B97A97B98A98B99A99B100A100B101A101B102A102B103A103B104A104B105A105B106A106B107A107B108A108B32B33A33B36A36B86A86B80A
80B
ARNETTE DRIVE(PRIVATE)TULLIMORE WAY(PRIVATE)PARKINGTON LANE(PRIVATE)ARNETTE DRIVE(PR
IVATE
)PORTE COCHEREPORCHPORCHCOVEREDSTAIRPORCHSCREENEDPORCHCOVEREDSTAIRCOV'D ENTRYSTOR. ROOMRISER ROOMD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SD/SNO PARKINGNO PARKING27BAMENITY AREA / OPEN SPACE
77A77BARNETTE DRIVE(PRIVATE)SCALE: 1" = 200'Site Plan ShowingProposed Waters of the US ImpactsPRELIMINARY: NOT FOR CONSTRUCTIONTOWNES AT SEASIDEBrunswick County, NCSurvey and Site Plan information provided by: Norris and Tunstall Consulting Engineers1429 Ash-Little River RoadAsh, NC 28420404 WetlandsProposed Impact to Waters of the USWaters of the US ImpactsWaters of the US 1: 0.10 acWaters of the US 2: 0.21 acTOTAL: 0.31 acWOUS Impact #1:0.10 acWOUS Impact #2:0.21 ac
Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2015-01000 County: Brunswick County U.S.G.S. Quad: Shallotte
NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner/Applicant: Mike Prince

Address: 106 Lee's Cut Lane
Wrightsville Beach, NC, 28480

Telephone Number: [phone]

E-mail Address: [e-mail]

Size (acres) 57.73 acres Nearest Town Sunset Beach, NC
Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.906501
Longitude: -78.484453

Location description: This undeveloped 57.73 acre tract (Parcel ID: 24200005) is located off Seaside Road and Leak Street in
Sunset Beach, Brunswick County, NC.

Indicate Which of the Following Apply:
A. Preliminary Determination

There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
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 over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination

There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.

X There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.

SAW-2015-01000

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.

X The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.

The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on ______________. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.

There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.

X 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 Wilmington, NC 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 Gary Beecher at [phone] or
[e-mail].
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. The RPW’s onsite exhibit Ordinary High Water
Marks as indicated by changes in soil character and absence of terrestrial vegetation and are hydraulically connected to
Calabash Creek.

D. Remarks:

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)

If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by January 24, 2020.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

SAW-2015-01000
Corps Regulatory Official:
Date: November 26, 2019 Expiration Date: November 26, 2024
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://cor,psmapu.usace.army.mil/cm 4pex/f?.p=136 : 4 : 0.
Copy Furnished via e-mail to:
Wes Fryar
Land Management Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
wfrya r(-a,lmizrou P. net

SAW-2015-01000

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:
Mike Prince

File Number:
SAW-2015-01000 Date:
November 26, 2019
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
SAW-2015-01000

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: Gary Beecher

If you only have questions regarding the appeal process you may
also contact:
Mr. Philip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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: Gary Beecher, 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. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

Esri, HERE, Garmin, (c) OpenStreetMap contributors
0 1 20.5 Miles
Scale applies to 11X17" print.
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 1Vicinity Map
Stan Lands Tract
Brunswick County, NC
Map Date: October 2019
LMG19.204 ³L:\WETLANDS\2019 WETLANDS FILES\LMG19.204 ---
Stan Lands Tract, Mike Prince\october additional work\maps
Boundaries are approximate and not meant to be absolute.
Map Source: 2008 DeLorme Atlas & Gazetteer, pg.86
Site
Esri, HERE, Garmin, (c) OpenStreetMap contributors
0 300 600150Feet
Scale applies to 11X17" print.
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Rapanos Reference Map
Stan Lands Tract
Brunswick County, NC
Map Date: 11/6/19
LMG19.204 ³L:\WETLANDS\2019 WETLANDS FILES\LMG19.204 ---
Stan Lands Tract, Mike Prince\october additional work\maps
Boundaries are approximate and not meant to be absolute.
Map Source: 2016 NC Onemap
NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field notes.
A survey of delineated areas and review and approval by the U.S. Army
Corps of Engineers is recommended prior to specific site planning.
Legend
Project Area ~ 57.73 acres
Wetland Waters of the US ~ 1.67 ac (3%)
Uplands ~ 56.04 ac (97%)
Existing U.S Waters (Jurisdictional Pond) ~ 0.02 ac (<1%)
Stream (Calabash Creek) ~ 2,118 lf
Non-Wetland Waters of the US (RPW) ~6,902 lf
Pond1R
PW1RPW2 RPW3
RPW4
R P W 6
R P W 5W1
W2
W3
RPW7RPW8 S tre a m 1
S tre am2W4 C alabashCreek