Loading...
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