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HomeMy WebLinkAbout20060132 Ver 2_401 Application_20091201ALMG 0 LO 0 3 a U ?. LAND MANAGEMENT GROUP rxc. Environmental Consultants D?VQ?I ?- LI 1J L? 'EC 2009 _) November 25, 2009 DENR - WATER QuAt; ry WETLANDS AND STORMW,4TER BRANCH TO: Mr. Ronnie Smith C:OURTESY U.S. Army Corps of Engineers "'1 0PY 69 Darlington Avenue Wilmington, NC 28403 RE: NWP 18 Application for St. James Plantation; Lot #35, Section 8 (2769 Marsh Point Lane) Brunswick County, NC; Action ID# 200400296 Dear Ronnie: Enclosed is a NWP 18 application for your review. This application is submitted on behalf of Mr. Alan Shankin for a 1.11-acre lot located in St. James Plantation in Brunswick County, NC. The applicant is proposing to build a home within the site. Although Mr. Shankin has attempted to minimize wetland impacts through careful site design, the location of the wetlands and local setbacks have resulted in proposed wetland impacts of 0.07 acre. Please note that the previous landowner, Mr. George Wojtech, applied for and obtained a NWP 18 in 2006 to impact 0.07 acre of wetlands. These impacts were not implemented, but Mr. Wojtech did perform the required mitigation (EEP payment and preservation). Since this permit has expired and the site plan has changed slightly, a new application is submitted. The Pre-Construction Notification form, associated maps, site plan, and mitigation documents are enclosed for your review. Please note that the wetland survey expired in March of 2009. LMG recently visited the site and concluded that the wetland line has not changed. A new data package is submitted with this application, including site photos. We request a preliminary JD. Please contact me if you have any questions or if an on-site visit is needed. Thank you for your assistance with this project. Sincerely, Lm-williams Wetland Scientist Encl. C: Mr. Alan Shankin Mr. Jeff Bartholomew Mr. Chad Coburn, DWQ Mr. Ian McMillan, DWQ www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 OF W ATF9 A I, > r ID Lo -013a u9"w Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form PDT-p . -i. A. Applicant Information COPY 1. Processing I a. Type(s) of approval sought from the Corps: FN Section 404 Permit E] Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ? 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. PAYMENT TO EEP HAS ALREADY BEEN MADE. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ® Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: St. James Plantation, Lot 35, Section 8 (2769 Marsh Point Lane) 2b. County: Brunswick County 2c. Nearest municipality / town: St. James 2d. Subdivision name: St. James Plantation tmt 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Alan Shankin DENR WA1FR ALII I BRANCH 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 411 Fairview Way 3e. City, state, zip: New Hope, PA 189N 3% 3f. Telephone no.: 267-885-9100 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) NIA 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Kim Williams 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: (910) 452-0001 5f. Fax no.: (910) 452-0060 5g. Email address: kwilliams@lmgroup.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 235EA028 Latitude: 33.9256 Longitude: - 78.1164 1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 1.11 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to AIWW proposed project: 2b. Water Quality Classification of nearest receiving water: SA; HQW 2c. River basin: Cape Fear 03030005 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: This site is currently undeveloped and vegetated. Adjacent land use is residential. 3b. List the total estimated acreage of all existing wetlands on the property: -- 0.90 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to build a residence within the lot. 3e. Describe the overall project in detail, including the type of equipment to be used: The applicant will fill 0.07 acre of wetlands to bring it to the elevation of adjacent uplands. A track hoe and bulldozer will be used to truck in and level spoil material. Silt fences will be used to reduce erosion into adjacent wetlands. Once grading is complete, a house will be built within the property. 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 prior phases) in the past? Comments: Wetland delineation was approved by Tom ® Yes ? No ? Unknown Farrell on March 2, 2004 and recently expired (Action ID# 200400296). A new JD package is submitted with this application in order to obtain re-approval of this line. 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ® Final of determination was made? Agency/Consultant Company: 4c. If yes, who delineated the jurisdictional areas? Land Management Group, Inc. Name (if known): Mr. Donnie Beale Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Approved by Tom Farrell on March 2, 2004 (Action ID# 200400296). 5. Project History 5a. Have permits or certifications been requested or obtained for 7NYes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. The former landowner, Mr. George Wojtech, obtained a NWP 18 on 5/24/06 to fill 0.07 acre of wetlands. The impact never occurred, but all required mitigation was completed (payment to EEP and preservation). Page 3 of 11 PCN Form -Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ®P ? T Fill for House Bottomland Hardwood ® Yes ? No ® Corps ® DWQ 0.07 W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ W8 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.07 2h. Comments: 3. Stream Impacts N/A 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts N/A If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction N/A If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 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) N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T impact required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ? P ? T ? Yes ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts were minimized by careful site design. However, because of the large amount of wetlands on this lot and front setback requirements, some impact was necessary in order to make the lot buildable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be used during construction to reduce sediment from eroding into the wetland areas. 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? ® Yes ? No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ® Payment to in-lieu fee program ® Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank NIA 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 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: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: 0.25 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Payment to EEP has already occurred (receipt included). 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. Remaining wetlands on site (-0.86 ac) have been preserved. Enclosed is the declaration of restrictions. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ N/A 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® 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 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan NIA 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® 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 Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? -15% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Impervious coverage is minimal. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review N/A 3a. In which local government's jurisdiction is this project? ? 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 ? No attached? 4. DWQ Stormwater Program Review N/A ? Coastal 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 ? No attached? 5. DWQ 401 Unit Stormwater Review N/A 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 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an St t l ? Yes ? No e or a environmental document pursuant to the requirements of the Nationa (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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: N/A 2. Violations (DWQ Requirement) Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated 2a . Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 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. This project will not provide access or utilities to adjacent properties. All remaining wetlands on site have been preserved. 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. The project will tie into the local sanitary sewer system. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No rare species are known to occur on or within a'/z mile radius of the lot. 6. Essential Fish Habitat (Corps Requirement) 6a. Will 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? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat (EFH). No EFH or Habitat Areas of Particular Concern (HAPC) were identified at the site. 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 ? 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? The National Trust for Historic Preservation website mapping resource was used to determine the presence of cultural resources. No cultural resources were found. 8. Flood Zone Designation (Corps Requirement) 8a. Will 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) did you use to make the floodplain determination? North Carolina Floodplain Mapping website Kim Williams 11/24/2009 V\ Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN- I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our,,.;gi, it in the determination of jurisdictional wetland, bound.aa-i.es oa the subject property, / Oe 3-? By way oj?ihis form, Uwe additionally authorize access to th(-, ??}?'?Q m4 n/ -t'/V? o2GT cc.??/o ? site by rcpreen.tafives of the U§ Army Corps of Engineers (COI?) and/or the NC Division of Coastal Management (NC DCM) for the purpose of reviewing the flag,gcd wetland boundary and, providing a final jurisdictional determination. Any questi.ors regarding the jurisdictional wetland determination should be directed to Land Management Group, J.nc. Pleaseprovidc the following-information: c? ,? rrJrr ?5 {? ,01"?L/°'.1'1. Property Address and Parcel ID Number: IC ,,1 lMI-70i? Current ,Property Owner Name: Olmier Address & Phone Number: --/?J/>a /,Q,,?i 64- .? ?i a -- _ Jam - ?0,4. / 6 CW ' d&'7 - ?- ? S- Q?/0 0 Please circle Yes or No for the following auesti.ons I/We are the current owners: es No I/We are under contract to purchase the subject property: Yes Io /We are under option to purchase the subject property: Yes -00 (NOTE: Site access will be restricted without notice/authorization by current owner) _ ??j1Ctr)l?!/? Print Owner's Name Owner's Signature (required for COE review of wetland delincation) Print Applicant's Name; Applicant's Signature zl--lg-o9 Date Date os stem ai er en PROGRAM RECEIPT September 13, 2006 George Wojtech 203 East Colonnade Drive Hampstead, NC 28443 Project: County: DWQ #: USACE Action ID: EEP No. Amount Paid: Check Number: St. James Plantation, Lot 35 Brunswick 06-0132 200600502 ILF-2006-4357 $3,280.75 900 The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin Wetland Credits Stream Credits Buffer I Buffer 11 CU (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Cape Fear 03030005 0 0.14 0 0 0 0 0 0 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. --U- ? C' r William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Tom Farrell, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, DCM-Morehead City File Pro t-" Ou,Y Sta & pA A OUR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net ^ ? ST T [r ? ?' ?;?IIIII I??I1111,1111 III{II 08-76-2006 111111III Robor P0607 ? obi San 42.0©m f A E OF NORTH CAROLINA Br u sui ckey , NC ?Cllnt Deeds page 1 of 5 Register o - This Inshamem has been filed lot- ???_, Registration an the Date, im,andinthe " _ Book and Page shown onlbe'Fhl Page hereof, and Is belfil med for eT your safekeel z "" , AIN RabeA a. R ioson, Reotster at oeeds '- - ?G TOTAL C AR V TC# 42 2i REC#- CK# CKAMT CASH REF BY 12L DECLARATION?`f "I6ii. E"COVENANT n n (i? 7T Prepared by: W. A. Raney, Jr., Attori{iy at Law, P.O. Box 1049, Wilmington, NC 28402. Return to: Wessell & Raney, LLP NORTH CAROLINA Guv ?8?? BRUNSWICK COUNTY This Declaration of Restrictive Covenant is made this the day of Alk5% 2006 by GEORGE J. WOJTECH and wife, wgANET M. WOJTECH, hereinafter called "Declarant". ?Q ? n ?IrS Sues THAT WHEREAS, Declarant is the sole owner in fee simple of a tract of land as described in a Deed recorded in Book 1415 at Page 199 of the Brunswick County Registry (Property); and WHEREAS, this pi?p?,s?e-particularly described as follows: ?. All of Lot 35, in S ct?bn 11811, Plat 1, St. James Plantation, as shown on a plat thereof recorded in Map Cabinet W, ?, ?i (C) 'tip ,? ((? i f I (I 4 82454 P0608 14:49:42000 Robinson II??IItIII C(4! I11f III III III IIIr of Deeds page 2 of 5 Page 45, office of the Register of Deeds of Brunswick County, North Carolina. Reference is made _to5dg4, recorded in Book 864 at';-Fa 'I wick County Registr? [f ? = 2,?, ??nf ?G?L=3 ya:r and WHEREAS, Declarant has applied for a permit from the U.S. Army Corps of Engineers, Wilmington District (Corps) to fill certain wetlands`on the Property,,/t? aid in construction of improvements on the Property WHEREAS, t?? h_,I I LCJorp ? .7has agreed to issue a permit subject to certain conditions, one bf ;i*bich is the execution and recording of a restrictive covenant that would prohibit the current and future owners of the Property from altering certain wetland areas on the Property or allowing certain uses or activities within the wetland areas. n,1 NOW, NOW, THEREFORE ?D?eicl,ALd :oes hereby declare that the Property shall be hel4al(jandphall Eject to the following restrictive covenants which `-? ,S,,WWilth the land, are real covenants and are binding on all parties that shall have any right, title or interest in said Property now or in the future. 1. The area shown as "Wetlands Preservation Area" on the map attached hereto _as Exhibit 'shall be maintained in perpetuity in its natural` or-p-? td condition. No person or entity shall perform ?bfU e???ng activities on such Conservation Area: ?=1J ?nn9n??a .- _ a. fill, grade, excavate or perform any other land disturbing activities; b. cut mow, burn,-, remove, or harm any vegetation - ee Utting or removal of dea as vegetation; _- c. construct of p-Face any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other 2 /xx ?n ?,?? i11 , 82454 P0609 7449 42.000 ?I?Ill?lCi'?If?111?ICC1,ll(Illll IIII III 08 18 2006 r ` Robar! J. Robinson _, J'_J `?'Brunsuiek CoUn'Cy';`-`NLI Register of Deeds page 3 of 5 permanent or temporary structures except as permitted in writing by the Corps; d. drain or otherwise disrupt or alter the h-&TP ogy or drainage ways of the Conserva-ti,q - .,ea,i- I - ] J e w ?o I'? GHQ . dump or s ?61 „trash or other waste; or f. graze or water animals, or use for any agricultural or horticultural purposes. 2. The Corps shall have, the right to enter the Property at reasonable tortes se of inspecting the Property to determine fflthJDe arant,, or their successors in X?u interest are in complie wi,th?%tkaaeerms of this restriction. 3. This restriction can only be amended or terminated with the express written consent of the Corps or its successors in interest. 4. The Corps; shall ae p itanding to enforce this restriction and may ap 1, ?helegal or equitable relief in either State or FedHWI" in n1 ?: nt of a violation. 5. This Declaration does not convey to the public any right to enter the Property for any purpose whatsoever. IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal the day a year irst?aboV?_ written. (SEAL) George J Woj.'ch (SEAL) ??- J et M. Wojtec NORTH CAROLINA ( f (1 1 ?( Nash - - ? -mac,,, I, ??tm??0. S. ?Qe a Notary Public, do hereby certify that GEORGE J. WOJTECH and wife, JANET 3 21 _l4 L J l 7 L I\ ?]? L -2006 14:49:42.000 [,; 11 11 I IIIi' ? III I1i(1 ?I III I III II III 82454 P0610 08_18 Robert J. Robinson Bruns- 8ck Catr? NC Register of Deeds page 4 of 5 j M. WOJTECH personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein set forth. WITNESS my hand and notary sell this (p day of 200E, a 0.rY1 p?Lg2 Notary Public (Printed Name of Notary Public) My Commission Expires:, ? r ? r ?fl ?f 1;? u i !L C d1^` I? WAR\ENVIRON\R06-098-001 - f?? ;i?? LLLI hFr(sUn. 4 ,r ?OGr?? s" Z ?I j J ? ? r r i ^? ? ! r ? L.`--? 06 18 2008 I-i?Elii1111i1?1111111111111111111 az4 p0si1 nson:42.000 I?1J'/'?`? ?runs?Yck"C2iW+'y, NC Register of Deeds page S of S EXHI BIT MA'P MF\ 14.9 N 7r ? S Ir? A 10 15 PROP.?lu? ,. _ oo?s ?s)? x*+ ?q O TOP'OF?DETAIL BANK \ Lot 34 \\\\ ST. JAMES EIR ON \\ PLANTATION- ON M &13 SF PROP. LINE ' WETLANDS p TOP OF mr?G PRESERVATION AREA (TIE TO PROP._. 35,838 SF BANK S70 48' 12'W U , r s' - 9.65 N24'47'50 W o, 12.00`N 51 '10" 8 4 n 9.58 FILL N24'4750?W 05' 9 L z w . 404 WETLAND 14 S24'47'107 G LINE LOCATED 38.29 o BY MCHENRY TO PROP LINE) (TIE - SURVEttNG N60'37'25'W o _ 5.91 6 a n If - TOT OF Ls 18 39 L=89.5 t' ?yNG nMO ?H i ] 8.39' E N65'14'47' TjfE`R/, R=1159.52' CH=88.63' HE R=183 47' d 3 to 2 Lot 36 MVacont• ST. JAMES PLANTA71ON GFZ ' orsh Point Lone -4/ June 21, 2006 50' Private RIW 1 Ref. M.C. W, Pg. 45 Scale: 1 "-60' Project No-:06699 .J? (l l r?? 1 Drawn By: A.B.F 6b- Al' SURVEY FOR., U ?' fgMray?? ;'.fle^1C? I ThiaDroPY is ' THE CLARK GROUP Gorge do Janet Wojtech ?oea ea m / i T.?„ a flood zone p`r- z-,, Surveying Division 2776 Marsh Point Lane map 1 3720206600 PO BOX 10136, Southport, NC 28461 J. Map effective h WILMINGTON. NC 28404 June 2 2006. zone PH. 910.602.3900 AE 8.F.E 11' FAX: 910.602.3975 Town Of St. James Brunswick County, North Carolina \ I L I I -1 U? J RECORD OF POOR QUALITY DUE TO CONDITION OF ORIGINAL PLAT of SURVEY for JWB, INC. Lot 35, Section 8, St. James Plantation Lockwood Folly Township; Brunswick County St. James, NC SECTION 8 ST. JAMES PLANTATION ST. JAMES, N.C. MC X. PG 223 BZR WET AS JANU Netland Impact: )7 acre c NV ntaonr exow Yomt s tcGtm ¦ Ram ttATA1D xOE •AT eAe[ euwvt 11 '. RF. P.... OOleeeelT 116ef06L PNYL Meept 7mee ewa'?' atm eN . GRAPHIC SCALE a to m 0 12 L (a rasr ) 11wh s BO K me,n NPEANOUS AREA CALCU ATM r><YYSee teeeeew tAeeY a reeve veal M GR MTAL RPEANOUS AREA N 1WUS -.Mw nu emo epee ? RUgL?IOpY -- = ' .7060.26M T W M ?py? YMYY eO alYeO! Y YOI v I?eli i M? i ? ? ® w ~ ?? GPiI iY! 1 e1.Y Yq M MM O _ IJ er uttwc aetaewtm t4 - T eTAt TOTAL MW MA AREA N ORAE/11ALK Dr A 11 [ Y eOL I C011Y v pe1? aYeeeta Yeoi ter w_e neeeYR ?? eAY TMT PeY?iYO -A °e r nomt t not et- y 2awe?Orr eY* R Yee AT xTr P rw. wr noPOW s tto Ywan coutwt us .meor eeveeY ua esevt- 1 i eeRP - wr o tw or IP. tees nT en MCHENRY SURVEYING PAt]'ES:IOIiAt.lANO BIMLEKYt ? ® - m r*) '+' TOTAL eFR PPN01U5 AREA C04Fllm 1 ? ? ? ? ? ? ? O OY? p? MlatnieYt Y !Y 4 YeYe? ?.. ? ® 11 e Y M e1 A 1[ele Yteenv/ gell 1 tAeeOR lRe eeAetM WYOOdL eeeneeea I .O If IeY.IY/ANIeMIYnn P.0. RT?9.[®EOV(BIAMOA OKAiAN0.,YC.BYM YAMNIY RPFANOUS AREA . 7700.0 SQFT. T9: eY0YJeAJ1 TrOL W6}leJJee ,. UADCU DnTUT I ANE 25' R/W Army Corps of Engineers Wetland Data Package Lot 35 St. James Plantation Brunswick County Property Owner: Alan Shankin 411 Fairview Way New Hope, PA 18928 (267) 885-9100 Applicant: Alan Shankin Site address: 2769 Marsh Point Lane Southport, NC 28461 Subdivision name: St. James Plantation Lot number: 35 Parcel ID: 235EA028 Directions: From the Wilmington USACE office take a right onto Darlington Avenue and a left onto Market Street (Hwy17S). Follow Market Street (Hwy17S) into Brunswick County and continue toward Bolivia. Arriving at Bolivia turn left onto Midway Rd.. Follow Midway Rd. until it intersects with Hwy 211. Turn left onto Hwy 211 and follow Hwy 211 until it intersects St James Drive. Turn right onto St. James Drive. Follow St. James Drive until it intersects Marsh Point Lane. Turn left onto Marsh Point Lane and the site is on the right side of Marsh Point lane. Nearest water body: UT to ICWW Name of watershed: Cape Fear 03030005 Coordinates of Site: Latitude: 34.28375 N Longitude: 77.890015 W USGS Quad: Southport Total Size: -1.11 acres Total Size of Wetlands: N 0.9 acres (see preliminary wetland map for details) Z ?.f, ? rh ?? i1 t AGENT AUTHORIZATION FORM TO W1-IOM IT MAY CONCERN: I/we, the undersigned., hereby authorize Land Management Group, Inc. to act as our it in the determination of jurisdictional wetland boundaries ou the subject property, ,fie 3_5 f»alsn By way of Isis form, I/we additionally authorize access to thy: site by rcpreenta6ivcs of the U? Arm.y Corps of Engineers (COE) and/or the NC Division of Coastal Management (NC DCM) for the purpose of reviewing the flagged wetland boundary and. providing a final jurisdictional determination. Any questi.or,s regarding the jurisdictional wetland determination should be directed to Land Management Group, 1.nc. Please provide the following_in.for ation.: Property Address and Parcel ID Number: `5"? ?c? r. tc_S Ica, t ln•1-7011/ Current ,Properly Owner Name: 2,f yzo Owner Address & Phone Number: 1? /,Q ?i cJ G(.?Ce r 140,9ea- PA Please circle Yes or No for the following questions I/We are the current owners: es No I/Wc a.re under contract to purchase the subject property: Yes 0 l/We are under option to purchase the subject property: Yes 00 (NOTE: Site access will be restricted without notice/nuthoriyation by current owner) _ /Cr? Print Owner's Name Owner's Signature (required for COE review of weilflmd delineation) *Ian e) Print Applicant's Narno Applicant's Signature Date Date r 19K E -- 3 211 so 9 J prsup . Suhvla `' bra / pty - i r ?. _- r 01 m - r - .. ti i ;' 7 SITE - ,' ?ls . TDiW Y Brunswi k c County Airport A ? t ri r ,::=i j Bar CS _ -. \ ?? 1r?^ _- rh 1 +f 71 r ' T ,?:r,? j 33 v- -J y. Island Mkt j 13A _ Battery lY 44, { L + ; 0?k _ l ong Beach . Ocean Crest ;tp S/agcy Oak Island Fort Ligi?tit7t? Caswell CaswAi Beach Bald Head Lighthot,seA Bald Head F.j Island *Boundaries are approximate and are not meant to be absolute. Map Source: North Carolina Atlas & Gazetteer. Pg. 87 2003 SCALE 1" = 1 Mile St. James Plantation; Lot 35 Mr. Alan Shankin LM Brunswick County, NC Figure 1 November 2009 www.LMGroup.net Vicinity Map Phone: 910.452.0001 •1.8661MG.1078 Fax: 910.452.0060 40-09-231 P.O. Box 2522, Wilmington, NC 28402 d? 1 SITE s f?a w...-. .,- .. t yy _s . w y ? r <? % .0? "`•. p ? ? .iii ',?< 41 *Boundaries are approximate and are not meant to be absolute. Map Source: Southport Quadrangle 7.5 minute (topographic) 1990. SCALE 1" - 500' St. James Plantation; Lot 35 Mr. Alan Shankin IIM G Brunswick County, NC Figure 2 November 2009 www.LMGroup.net USGS Topgraphic Map Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 40-09-231 P.O. Box 2522, Wilmington, NC 28402 r a 1 SITE W F 0 NhE: Newhan fine sand Boundaries are approximate c and are Mu: Murville mucky fine sand not rneant to be absolute. Tm: Tomahawk fine sand Map Source: NRCS Soil Survey. SCALE 1" = 200' St. James Plantation; Lot 35 Mr. Alan Shankin Brunswick County, NC Figure 3 November 2009 www.LMGroup.net Soils Map Phone: 910.452.0001 •1.866.LMG.1078 40-09-231 Fax: 910.452.0060 P.O. Box 2522, Wilmington, NC 28402 t flu. Toundaries are approximate and are not meant to be absolute. Map Source: 2008 NAPP Aerial Photography St. James Plantation; Lot 35 Mr. Alan Shankin Brunswick County, NC November 2009 40-09-231 mnwww? r `L IG www. LMG roup. net Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 P.O. Box 2522, Wilmington, NC 28402 SCALE 1" = 100' Figure 4 Aerial Photograph *Boundaries are approximate and are not meant to be absolute. Map Source: 2008 NAPP Aerial Photography St. James Plantation; Lot 35 Mr. Alan Shankin Brunswick County, NC November 2009 40-09-231 I_. M.G www.LMGroup.net Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 P.O. Box 2522, Wilmington, NC 28402 SCALE 1" = 100' Figure 5 Aerial Photograph w/ Wetland Overlay Print Preview Page 1 of 1 Brunswick County, NC 3 Legend Easement Text ti r .T -rte ' Jurisdiction Text Road Text ., t . Ear{ ?? ?'?#>r Highways Main Roads !J'j Streets E.a t?E$t7A' a Parcel Boundary Water Topography Overview 1 I Y a n 2> fitr 7 ?1 1 d2A y r -- Parcel Number 235EA028 Plat Date Account Number 54510470 Land Value $175,000 PIN 206612850192 Building Value $0 Owner SHANKIN ALAN & JOYCE A LEHOCKY Other Value $0 OwnerAddress 1 Deferred Value $0 Owner Address 2 411 FAIRVIEW WAY Total Taxable Value $175,000 City NEW HOPE Heated Sq Ft State PA Year Built zip 18938 Bedrooms Legal Description L-35 S-8 ST JAMES PLANT PLAT W/45 Full Baths Parcel Street Number 2769 Stories Parcel Street MARSH POINT Ext. Wall 1 Street Type LN Ext. Wall 2 Street Dir Neighborhood 307G Subdivision Municipality ST JAMES Deed Book 2686 Fire Tax District ST. JAMES Deed Page 0811 Township LOCKWOOD FOLLY Deed Date 10/9/2007 Acreage _ Plat Book _ Sale Price $145,000 Plat Page Disclaimer.- Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 612 feet appraisal, survey, or for zoning verification. http://gis.brunsco.net/printPreview.aspx?PrintOptData=Brunswick%2OCounty,%20NCIOl... 11/23/2009 • Y . T WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: Lot 35 / St. James Plantation City/County: Brunswick Sampling Date: 11/23/09 Applicant/Owner: Mr. Alan Shankin State: NC Sampling Point: DP1 Wet Investigator(s): D.Beale Section, Township, Range: St. James Plantation Landform (hillslope, terrace, etc.): hlllSlope Local relief (concave, convex, none): concave Slope 0 Subregion (LRR or MLRA): LRRT Lat: 33.92555 N Long: 78.11638 W Datum: Nad83 Soil Map Unit Name: Mu - Murville mucky fine sand NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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 X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required check all that apply) _ Surface Soil Cracks (136) _ Surface Water (Al) _ Water-Stained Leaves (139) _ Sparsely Vegetated Concave Surface (138) X High Water Table (A2) _ Aquatic Fauna (1313) _ Drainage Patterns (1310) X Saturation (A3) _ Marl Deposits (B15) (LRR U) _ Moss Trim Lines (616) _ Water Marks (61) _ Hydrogen Sulfide Odor (Cl) _ Dry-Season Water Table (C2) _ Sediment Deposits (132) _ Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8) _ Drift Deposits (63) _ Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) _ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (B7) _ Other (Explain in Remarks) - FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 4 Saturation Present? Yes X No Depth (inches): 3 Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monito ring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version . 10 VEGETATION - Use scientific names of plants. Sampling Point: DP1 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. Acer rubrum 40 yes Fac That Are OBL, FACW, or FAC: 4 (A) 2 Pinus taeda 5 no Fac . Total Number of Dominant 3. Species Across All Strata: 4 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 7 . 45 = Total Cover Total % Cover of Multiply bV: Saplin g Stratum (Plot size: 30' ) OBL species x 1 = 1. Acer rubrum 5 yes Fac FACW species x2= 2. Persea palustris 5 yes Facw FAC species x 3 = 3. Pinus taeda 2 no Fac FACU species x4= 4. UPL species X5= 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = 7 . 12 Hydrophytic Vegetation Indicators: Shrub Stratum (Plot size: 30' Total Cover = X Dominance Test is >50% 1 Pinus taeda 2 no Fac _ Prevalence Index is s3.0' 2. Persea palustris 10 yes Facw _ Problematic Hydrophytic Vegetation' (Explain) 3. Myrica cehfera 2 no Fac 4. 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 5 . 6. Definitions of Vegetation Strata: 7. 14 Tree - Woody plants, excluding woody vines, 30 = Total Cover approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1. Osmunda cinnamomea 2 no Facw 2 Woodwardia virginica 5 yes Obl Sapling - Woody plants, excluding woody vines, , approximately 20 It (6 m) or more in height and less 3. Osmunda regalis 5 yes Obl than 3 in. (7.6 cm) DBH. 4' Shrub - Woody plants, excluding woody vines, 5. approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb - All herbaceous (non-woody) plants, including 7. herbaceous vines, regardless of size. Includes woody g plants, except woody vines, less than approximately 3 It (1 m) in height. 9 . 10. Woody vine - All woody vines, regardless of height. 11. 12. 12 =Total Cover Woody Vine Stratum (Plot size: 30' ) 1. 2. 3. 4. 5 Hydrophytic Vegetation 0% = Total Cover Present? Yes X No Remarks: (If observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: DP1 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 Remarks 0-12 10YR 2/1 mSl 12->18 10 YR 3/1 Ifs Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (LRR O) - Reduced Vertic (F18) (outside MLRA 150A,B) - Hydrogen Sulfide (A4) - Loamy Gleyed Matrix (F2) - Piedmont Floodplain Soils (F19) (LRR P, S, T) _ Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) _ Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (176) (MLRA 153B) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) - Redox Depressions (F8) - Very Shallow Dark Surface (TF12) (LRR T, U) - 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) - Other (Explain in Remarks) Depleted Below Dark Surface (A11) - Depleted Ochric (F11) (MLRA 151) X Thick Dark Surface (A12) _ Iron-Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, - Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) - Reduced Vertic (1718) (MLRA 150A, 150B) Sandy Redox (S5) - Piedmont Floodplain Soils (F19) (MLRA 149A) - Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: Lot 35 / St. James Plantation City/County: Brunswick Sampling Date: 11/23/09 Applicant/Owner: Mr. Alan Shankin State: NC Sampling Point: DP2upland Investigator(s): D.Beale Section, Township, Range: St. James Plantation Landform (hillslope, terrace, etc.): hlllslope Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRRT Lat: 33.92609 N Long: 78.11643 W Datum: Nad83 Soil Map Unit Name: Mu - Murville mucky fine sand NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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 No X Is the Sampled Area Hydric Soil Present? Yes No X X within a Wetland? Yes No X Wetland Hydrology Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (B6) _ Surface Water (A1) _ Water-Stained Leaves (139) _ Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) _ Aquatic Fauna (1313) _ Drainage Patterns (1310) _ Saturation (A3) _ Mart Deposits (615) (LRR U) _ Moss Trim Lines (616) _ Water Marks (61) _ Hydrogen Sulfide Odor (Cl) _ Dry-Season Water Table (C2) _ Sediment Deposits (132) _ Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8) _ Drift Deposits (133) _ Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) _ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) _ Other (Explain in Remarks) - FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No apparent indicators of wetland hydrology. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version VEGETATION - Use scientific names of plants. Sampling Point: DP2 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. Acer rubrum 2 no Fac That Are OBL, FACW, or FAC: 2 (A) Pinus taeda 2 20 yes Fac . N IVatica 3. Yssa SY 5 no Fac Total Number of Dominant Species Across All Strata: 2 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. 7. Prevalence Index worksheet: 27 = Total Cover Total % Cover of. Multiply bv: Sapling Stratum (Plot size: 30' ) OBL species x 1 = 1. none FACW species x2= 2. FAC species x3= 3. FACU species x4= 4. UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = 7 . 0 Hydrophytic Vegetation Indicators: Shrub Stratum (Plot size: 30' ) Total Cover = X Dominance Testis >50% 1. Persea palustris 2 yes Facw Prevalence Index is s3.0' 2. Problematic Hydrophytic Vegetation' (Explain) 3. 4. 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Vegetation Strata: 7 2 Tree - Woody plants, excluding woody vines, 30 = Total Cover approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1, none Sapling - Woody plants, excluding woody vines, 2. approximately 20 It (6 m) or more in height and less 3. than 3 in. (7.6 cm) DBH. 4. Shrub - Woody plants, excluding woody vines, 5. approximately 3 to 20 It (1 to 6 m) in height. 6. Herb - All herbaceous (non-woody) plants, including 7. herbaceous vines, regardless of size. Includes woody 8. plants, except woody vines, less than approximately 9. 3 ft (1 m) in height. 10. Woody vine - All woody vines, regardless of height. 11. 12. 30' 0 =Total Cover ) Woody Vine Stratum (Plot size: none 1, 2. 3. 4. 5 Hydrophytic Vegetation 0 = Total Cover Present? Yes X No Remarks: (If observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: DP2 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 Remarks 0-13 10YR 5/6 s 13-16 10 YR 3/1 fs 16->18 10YR 6/1 fs 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) - 2 cm Muck (All 0) (LRR S) - Black Histic (A3) - Loamy Mucky Mineral (171) (LRR O) _ Reduced Vertic (F18) (outside MLRA 150A,B) _ Hydrogen Sulfide (A4) - Loamy Gleyed Matrix (F2) - Piedmont Floodplain Soils (F19) (LRR P, S, T) _ Stratified Layers (A5) - Depleted Matrix (F3) - Anomalous Bright Loamy Soils (F20) _ Organic Bodies (A6) (LRR P, T, U) - Redox Dark Surface (F6) (MLRA 153B) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) (LRR T, U) - 1 cm Muck (A9) (LRR P, T) - Mad (F10) (LRR U) - Other (Explain in Remarks) _ Depleted Below Dark Surface (A11) - Depleted Ochric (F11) (MLRA 151) - Thick Dark Surface (A12) _ Iron-Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and - Coast Prairie Redox (All 6) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) - Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) - Reduced Vertic (F18) (MLRA 150A, 150B) - Sandy Redox (S5) - Piedmont Floodplain Soils (F19) (MLRA 149A) - Stripped Matrix (S6) - Anomalous Bright Loamy Soils (1720) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: No apparent indicators of hydric soil. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section W of the JD Form Instructional Guidebook SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Brunswick City: St James Plantation Center coordinates of site (lat/long in degree decimal format): Lat. 33.92596° N, Long. 78.11635° W. Universal Transverse Mercator: Name of nearest waterbody: ICW W Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: ICW W Name of watershed or Hydrologic Unit Code (HUC): 03030005 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: ? Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ? Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (C WA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): I TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ? Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: -2001inear feet: ---4 width (ft) and/or acres. Wetlands: 0.9 acres. c. Limits (boundaries) of jurisdiction based on: Pick List Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ` Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section 111. F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapaeos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.DA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodys is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HI.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW': Tributary stream order, if known: a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Cobbles ? Gravel ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: ? Concrete ? Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ? Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ? High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: _ D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ? TNWs: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributary shows up as a blueline stream on USGS topographic maps. ? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: -200 linear feet--4width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands abut the rpw that runs along the southern property boundary (see 404 wetlands map). ? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ? Demonstrate that impoundment was created from "waters of the U.S.," or a Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ? which are or could be used by interstate or foreign travelers for recreational or other purposes. ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. ? Interstate isolated waters. Explain: ? Other factors. Explain: "See Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. r. ? Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:Southport. ® USDA Natural Resources Conservation Service Soil Survey. Citation: ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Brunswick County 2008 aerial. or ? Other (Name & Date): ® Previous determination(s). File no. and date of response letter:AID# 200400296 March 5, 2004. ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: K Z' y ?. F P 1 Soil profile from uplands St. James Plantation; Lot 35 LNICi Mr. Alan Shankin Brunswick County, NC - Site Photos November 2009 www.LMGroup.net Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 40-09-231 P.O. Box 2522, Wilmington, NC 28402 1 View of uplands within lot St. James Plantation; Lot 35 Mr. Alan Shankin Brunswick County, NC November 2009 40-09-231 LMG www.LMGroup.net Phone: 91 0A52.0001 •1.866. LMG. 1078 Fax: 910.452.0060 P.O. Box 2522, Wilmington, NC 28402 Site Photos 1 View of wetlands within lot + Soil profile from wetlands