HomeMy WebLinkAbout20160973 Ver 2_401 Application_20200527DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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 r No
Change only if needed.
BIMS # Assigned
20160973
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:eads\hasnider
Information for Initial Review
1a. Name of project:
COURTESY COPY - Old Folkstone Estates Lots 16-18
1a. Who is the Primary Contact?*
Gene Young, REHS
1b. Primary Contact Email:*
gene@armnc.com
Date Submitted
5/27/2020
Nearest Body of Water
Turkey Creek
Basin
White Oak
Water Classification
SA
Site Coordinates
Latitude:
34.532602
A. Processing Information
County (or Counties) where the project is located:
Onslow
Is this a NCDMS Project
r Yes r No
Longitude:
-77.496671
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)
Version#*
2
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
1c. Primary Contact Phone:*
(910)617-4914
U
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
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 DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - Express
F- Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
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
1j. Is the project located in a designated trout watershed?
C Yes r No
F. 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:
Eastern NC Homebuilders, LLC
2b. Deed book and page no.:
4224/598
2c. Responsible party:
Mike Turco
2d.Address
Street Address
PO Box1220
Address tine 2
city
Hampstead
Rstal / Zip Code
28443
2e. Telephone Number:
(910)274-7426
2g. Email Address:*
teamturco5@gmail.com
r Unknown
State / Rovince / Region
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
u
2a. Name(s) on recorded deed:
Hoosier Daddy
2b. Deed book and page no.:
5147/62
2c. Responsible party:
Jack Carlisle
2d.Address
Street Address
8620 River RD
Address Line 2
Cfty
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28412
USA
2e. Telephone Number:
2f. Fax Number:
(910)274-7426
2g. Email Address:*
jackcarlisle@bellsouth.net
3. Applicant Information (if different from owner)
3a. Name:
Gene Young, REHS
3b. Business Name:
Applied Resource Management
3c.Address
Street Address
257 Transfer Station RD
Address Une 2
city
State / Province / Region
Hampsteap
NC
Postal / Zip Code
Country
28443
USA
3d. Telephone Number:
3e. Fax Number:
(910)617-4914
(910)270-2988
3f. Email Address:*
gene@armnc.com
4. Agent/Consultant (if applicable)
4a. Name:
Gene Young, REHS
4b. Business Name:
Applied Resource Management
4c.Address
Street Address
257 Transfer Station RD
Address Line 2
CKY
State / Province / legion
Hampstead
NC
Postal / Zip Code
Country
28443
USA
4d. Telephone Number: 4e. Fax Number:
(910)617-4914 (910)270-2988
4f. Email Address:*
gene@armnc.com
Agent Authorization Letter*
agent authorization. pdf 13.21 KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
Old Folkstone Estates
1c. Nearest municipality/town:
Sneads Ferry, NC
2. Project Identification
2a. Property Identification Number:
4258-01-28-4193
2c. Project Address
Street Address
Penny Lane
Address tine 2
city
Holly Ridge
Postal / Zip Code
28445
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Turkey Creek
3b. Water Resources Classification of nearest receiving water:*
SA
3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
0302030202
4. Project Description and History
2b. Property size:
2.2
State / Ftovince / Ibgion
NC
Country
USA
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:*
Site is in existing neighborhood. Existing crossing permit was issued in 2016. Driveway has been constructed in accordance with previous SAW action ID 2015-02597.
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
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW 2015-02597
Project History Upload
APPROVED SAW-2015-02597 NWP 29.pdf
2.05MB
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)
Site Vicinity. pdf
295.78KB
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)
4f. List the total estimated acreage of all existing wetlands on the property:
+/- 10 acres across 3 lots
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The project is to allow crossings. One crossing on Lot 18 and a shared crossing for a shared driveway for Lots 16 and 17.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The crossing for Lot 18 has been constructed in accordance with previous Action ID. The crossing for Lot 16 and 17 has not been installed at this time. Typical construction equipment
including backhoes, dump trucks and graders will be used.
4j. Please upload project drawings for the proposed project.
Lot 16 Wetlands Impact R2 for Review.pdf 279.26KB
Lot 18 Wetlands Impact R2 for Review.pdf 268.89KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
previously delineated in 2016
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary IT Approved r Not Verified r Unknown f N/A
Corps AID Number:
SAW 2015-02597
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Gene Young, REHS
Agency/Consultant Company: Applied Resource Management
Other:
f" Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
1-25-2016
5d1. Jurisdictional determination upload
final signed Penny Lane JD tearsheet.pdf 41.92KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes f• No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries
r Open Waters F Pond Construction
2. Wetland Impacts
r Buffers
F"��
2atReason (?) 2b. Impact type * (?) 2c. Type of W.2d. W. name 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition*(?) area*
U
Lot 18
culvert/fillP
Hardwood Flat
Lot 18
No
Corps
0.020
(acres)
Lot 16/17
culvert/fill I
Hardwood Flat
Lot 16117
Corps
0.070
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.090
2h. Comments:
2g. Total Permanent Wetland Impact
0.090
E. Impact Justification and Mitigation 6
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
crossing locations were chosen at the smallest crossing point with driveway locations perpendicular to wetland to limit the distance.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Minimal driveway widths are shown with minimal side slopes requirements. See engineered plans.
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 IT No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
below permit thresholds
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:
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 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
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)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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 f• No
2b Provide an explanation of the violation(s):
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The site was previously approved and the neighborhood is complete.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
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.
onsite wastewater system
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 r Unknown
Se. 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
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?
NC Natural Heritage website
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Not near aquatic resource
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
HPOweb
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Onslow County GIS
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
*
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Gene Young, REHS
Signature
Date
5/27/2020
U
To Whom It May Concern:
RE: Agent and Access Authorization Letter
I authorize Gene Young or any employee of Applied Resource Management, PC to act
as an agent on my behalf in all matters dealing with wetland Jurisdictional
Determinations or permitting.
furthermore authorize the US Army Corps of Engineers representative to access my
property as part of this process.
Sincerely,
it UD&KS, LLC.
Printed Name: L„ujwoot> `S. 3ojeS
Property Address: -Pr=tj -y LAO-E I hlv",l fztc,46 � O C, 019+A
1"= 1000’
TITLE:
SCALE:JOB:DATE:DRAWN BY:
FIGURE:
GY7/22/1512126
Penny Lane
Site Vicinity 1
Map adapted from USGS Sneads Ferry Quadrangle
Hampstead, NC 28443Hampstead, NC 28443
Applied Resource
Management, P. C.
Applied Resource
Management, P. C.
Preliminary Wetland Areas
18 December 2014
O
ld
F
olk
sto
n
e
R
DPenny LNSubject
Property
Project Review Area
Preliminary Wetland Boundary
100 50 0 100 200
GRAPHIC SCALE 1"=100'
6" THICK ROCK/
_
LOT 17
STRUCTURAL
GRAVEL DRIVEWAY
FILL
z
� S79056,
.
�20'
0
16 E 278.77
% % I
23' I
WETLANDS
CROSS SECTION
TYPICAL DRIVEWAY PAD
OR
NOT TO SCALE
'
w
GRAVEL ROAD
30'-15' HDPE STRUCTURAL
PIPE SHOWN FILL
O
=�2
S73o 0
Ft�g
60
3' 2 3'
�,°'``:. 1
1 '
I
3 „
�8Q•2Q E
UPLANDS
O
�Ql 1'6'
I
37 CROSS SECTI❑N AA'
w '
Z
PROPOSED 20' WIDE GRAVEL
NOT TO SCALE
Q
I I
DRIVEWAY OVER
STRUCTURAL FILL
�� LOT 16
i } 0
(23' WIDE IMPACT WIDTH)
o 1.76 AC
I Z I
Q
'
LOT 15
co
i
C01
0,
IQ
�j
i
I
WETLANDS
WETLANDS DATA
TOTAL WETLANDS ON THE
PROPERTY: 33,990 SF (0.78 ACRES)
PROPOSED IMPACT AREA: 3,090 SF
(.071 AC)
v c�
QQ` �G
`p
30'-15' HDPE GRAVEL ROAD
PIPE SHOWN STRUCTURAL
FILL
2'3' 2 J2 2'3'
Lf' i 1
V6'
CROSS SECTION BB'
NOT TO SCALE
NOTES:
1. PROPERTY BOUNDARIES SHOWN ARE
BASED ON A SURVEY BY LINWOOD JONES,
WHICH ALSO REFLECTS WETLANDS LINES AS
OF JUNE 8, 2015.
2. DRIVEWAY DRAINAGE PIPE (RCP OR HDPE)
SHALL BE INSTALLED AS NECESSARY INSIDE
OF STREET RIGHT OF WAY.
WETLANDS
PROPOSED IMPACTAREA
IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR AND/OR BUILDER TO
CONFORM TO ALL STANDARDS, PROVISIONS, REQUIREMENTS, METHODS OF
CONSTRUCTION AND USES OF MATERIALS PROVIDED IN BUILDINGS AND/OR
STRUCTURES AS REQUIRED BY N.C. UNIFORM BUILDING CODE, LOCAL
AGENCIES AND IN ACCORDANCE WITH GOOD BUILDING PRACTICES. VERIFY
ALL DIMENSIONS PRIOR TO CONSTRUCTION.
THESE PLANS CANNOT BE REDRAWN OR REPRODUCED IN ANY
WAY WITHOUT THE EXPRESS CONSENT OF WESTON LYALL, PE,
PLS, PLLC. ANY PARTY THAT TAKES PART IN DOING SO IS IN
VIOLATION OF COPYRIGHT LAWS.
'°22'24
81.08
THIS CERTIFIES THAT THIS COPY OF THE PLAT ACCURATELY
DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION
404 OF THE CLEAN WATER ACT AS DETERMINED BY THE
UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN
THE LAW OR OUR PUBLISHED REGULATIONS, THE
DETERMINATION OF SECTION 404 JURISDICTION MAY BE
RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS
FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS
DETERMINATION UTILIZED THE APPROPRIATE REGIONAL
SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS
WETLANDS DELINIATION MANUAL.
REGULATORY OFFICIAL:
TITLE:
DATE:
USACE ACTION ID:
WESTON LYALL,
PE, PLS, PLLC
OLD FOLKSTONE ESTATES
WESTON LYALL, PE, PLS, PLLC
LOT 16 WETLANDS IMPACT
214 US HIGHWAY 17N. SUITE 1
HOLLY RIDGE, NC. 28445
HOLLY RIDGE, NC
PHONE: 910.329-9961
FIRM #P-0937
PROPOSED DRIVEWAY
STRUCTURAL & CIVIL
IMPACT
ENGINEERING &
LAND SURVEYING
R1: 8/9/2016
DRAWN BY:
FILENAME:
SHEET:
DATE: 4/25/2016
PW
OFE-16.dwg
1 1 OF 1
,
,
,
100 50 0 100 200
GRAPHIC SCALE 1 "=100'
LOT 19
o l � Ss�o48o1,F
0
441
199 9>
p• N
WETLANDS
N
tp =
20'-15' HDPE GRAVEL ROAD I UPLAND Lo
Lo
PIPE SHOWN STRUCTURAL �� P&C ��
FILL RFS/0 OSFp
F�r� �FIVCF
2'3' 2 J2 2'3' 6� 60,pF w
� U
1'6' UQO� CD
CROSS SECTI❑N BB'
NOT TO SCALE i Lo
o
I c
N
PROPOSED 12' WIDE GRAVEL UPLAND
DRIVEWAY OVER
STRUCTURAL FILL LOT 18
(15' WIDE IMPACT WIDTH) i C7
0' 2.20 AC
S78'48,
WETLANDS DATA
TOTAL WETLANDS ON THE
PROPERTY: 66,504 SF (1.52 ACRES)
PROPOSED IMPACT AREA: 863 SF
(0.019 AC)
LOT 20
6 THICK ROCK/ 0.00 —
STRUCTURAL LOT17
FILL GRAVEL DRIVEWAY
�12
THIS CERTIFIES THAT THIS COPY OF THE PLAT ACCURATELY
DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION
15' 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE
CROSS SECTION UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN
TYPICAL DRIVEWAY PAD THE LAW OR OUR PUBLISHED REGULATIONS, THE
NOT TO SCALE DETERMINATION OF SECTION 404 JURISDICTION MAY BE
RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS
NOTES: FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS
1. PROPERTY BOUNDARIES SHOWN ARE DETERMINATION UTILIZED THE APPROPRIATE REGIONAL
BASED ON A SURVEY BY LINWOOD JONES, SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS
WHICH ALSO REFLECTS WETLANDS LINES AS WETLANDS DELINIATION MANUAL.
OF JUNE 8, 2015.
2. DRIVEWAY DRAINAGE PIPE (RCP OR HDPE) REGULATORY OFFICIAL:
SHALL BE INSTALLED AS NECESSARY INSIDE
OF STREET RIGHT OF WAY. TITLE:
WETLANDS DATE:
PROPOSED IMPACT AREA USACE ACTION ID:
IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR AND/OR BUILDER TO
CONFORM TO ALL STANDARDS, PROVISIONS, REQUIREMENTS, METHODS OF
CONSTRUCTION AND USES OF MATERIALS PROVIDED IN BUILDINGS AND/OR
STRUCTURES AS REQUIRED BY N.C. UNIFORM BUILDING CODE, LOCAL
AGENCIES AND IN ACCORDANCE WITH GOOD BUILDING PRACTICES. VERIFY
ALL DIMENSIONS PRIOR TO CONSTRUCTION.
THESE PLANS CANNOT BE REDRAWN OR REPRODUCED IN ANY
WAY WITHOUT THE EXPRESS CONSENT OF WESTON LYALL, PE,
PLS, PLLC. ANY PARTY THAT TAKES PART IN DOING SO IS IN
VIOLATION OF COPYRIGHT LAWS.
WESTON LYALL,
PE, PLS, PLLC
OLD FOLKSTONE ESTATES
WESTON LYALL, PE, PLS, PLLC
LOT 18 WETLANDS IMPACT
214 US HIGHWAY 17N. SUITE 1
HOLLY RIDGE, NC. 28445
HOLLY RIDGE, NC
PHONE: 910.329-9961
FIRM #P-0937
PROPOSED DRIVEWAY
STRUCTURAL & CIVIL
IMPACT
ENGINEERING &
LAND SURVEYING
DRAWN BY:
FILENAME:
SHEET:
DATE: 4/25/2016
PW
OFE-18.dwg
1 1 OF 1
Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-02597 County: Onslow U.S.G.S. Quad: NC-SNEADS FERRY
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Eastern NC Homebuilders LLC Agent: ARM
attn.: Mr. Linwood Jones attn.: Mr. Gene Young
Address: 449 Grill Rd 257 Transfer Station Rd.
Clayton, NC 27520 Hampstead, NC 28443
Size (acres) 19.5 Nearest Town Sneads Ferry
Nearest Waterway Turkey Creek River Basin New River
USGS HUC 03020302 Coordinates Latitude: 34.5326026546099
Longitude: -77.4966714921621
Location description: The site is located on Penny Lane accessed off Folkstone Road near Sneads Ferry with drainage
from the tract flowing toward the headwaters of Turkey Creek, Onslow County.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). 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.
B. Approved Determination
There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 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.
We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must 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.
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 Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or
Brad.E.Shaver@usace.army.mil.
C. Basis For Determination: The site contains wetlands as described in the 1987 Corps Delineation Manual
(Regional Supplement) and is abutting headwaters of Turkey Creek, which becomes a navigable water affected by tide.
D. Remarks:The map submitted for signature is void of some fundamental requirements for sign able maps. Please
see the attached instructions for creating a map for signature. The Corps can review any map before production to
reduce waste.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 2/28/2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: ______________________________________________________
Date:12/28/2015 Expiration Date: 12/28/2020
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://regulatory.usacesurvey.com/.
Digitally signed by SHAVER.BRAD.E.1276601756
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=SHAVER.BRAD.E.1276601756
Date: 2015.12.28 09:12:36 -05'00'
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Eastern NC Homebuilders LLC
File Number: SAW-2015-02597 Date:12/28/2015
Attached is: D 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.
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Brad Shaver
69 Darlington Ave
Wilmington, NC 28403
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division,Brad Shaver, 69 Darlington Ave
Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137