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HomeMy WebLinkAbout20201758 Ver 1_401 Application_20201116DWR 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 20201758 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Robb Mairs:eads\rlmairs2 Information for Initial Review la. Name of project: COURTESY COPY - Meridian Forest Subdivision 1a. Who is the Primary Contact?* Dana Lutheran 1b. Primary Contact Email:* dlutheran@segi.us Date Submitted 11/16/2020 Nearest Body of Water Lockwood Folly Basin Cape Fear Water Classification C;sw Site Coordinates Latitude: Longitude: 33.992634-78.210899 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. 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#* 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)228-1841 V 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 - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown 1j. Is the project located in a designated trout watershed? C Yes r No F. Applicant Information 1d. Who is applying for the permit? fJ Owner r 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: Acquisition Holdings, LLC 2b. Deed book and page no.: 4466/1301 2c. Responsible party: Mr. Robert E. Huckabee 2d.Address Street Address 232 Causeway Drive Suite 2A Address Line 2 Suite 2A City State / RWnce / Region Wrightsville Beach INC Fbstal / Zip Code Country 28480 US 2e. Telephone Number: 2f. Fax Number: (910)343-8200 2g. Email Address:* r Yes r No r Yes r No u david@sgvi.com 4. Agent/Consultant (if applicable) 4a. Name: Dana Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c.Address Street Address 5315 South College Road, Suite E Address Line 2 city Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)228-1841 4f. Email Address:* dlutheran@segi.us State / Province / Region NC Country us 4e. Fax Number: Agent Authorization Letter* Executed-AgentAutoriztion-SEGI-Meridian-AK11.13.2020.pdf 155.58KB FullyExecuted-AgentAuthorizationLetter-DueDiligence(AIIPermits)-Meridian&Treehouses-CDMtoAF+8.26.2020.pdf 115.68KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) NA 1c. Nearest municipality/ town: Supply 2. Project Identification 2a. Property Identification Number: 2b. Property size: 1850002102 2c. Project Address Street Address Fhvy 211 Address tine 2 Clly State / Province / legion Supply NC Postal / Zip Code Country us 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lockwood Folly 3b. Water Resources Classification of nearest receiving water:* C;sW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030402080104 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is currently Wooded, with an existing soil road that crosses a Swamp Forest, wetland feature, and embedded stream, which bisects the project from east to west. Four (4) wetland fingers branch off from the main stream feature. Please refer to the site plan for locations of these features. The project site fronts Southport/Supply Road (Hwy 211) and is surrounded by undeveloped land to the west and east and residential development taking place on the northern tract. Residential is the land use, in the vicinity of the project. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) LiDAR Map 121214.pdf Topo Map 121214.pdf 382.62KB 561.13KB 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) Soils Map 121214.pdf 756.35KB 4f. List the total estimated acreage of all existing wetlands on the property: 4.31 AC 4g. List the total estimated linear feet of all existing streams on the property: 2100 LF 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct three (3) access roads and install infrastructure that will support the proposed 85 lot subdivision, to be called Meridian Forest. Additionally, improvement of the existing earthen causeway, is needed to support the use of the road, by large machinery, such as dump trucks, during the construction process. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will consist of permanently impacting 0.058 AC of Section 404, riparian wetlands, and 102 linear feet of warm water stream, as well temporarily impacting 10 LF of stream. Wetland Impact Area 1 will entail installing one (1) 50' 18" Class III RCP, with 9' x 6' Class II riprap energy dissipater, and Wetland Impact Area 2 will entail installing one (1) 55' of 24" Class III RCP, with 9' x 6' riprap dissipater. Each culvert will be covered with clean earthen fill, with 3:1 slopes. Stream Impact Area 1 entails installing two (2) Temporary Rock Check Dams, one upstream and one downstream of the proposed crossing area, prior to installing one (1) 51' of 30" Class III RCP and 9' x 6' energy dissipater, on the downstream side. Wing walls will then be installed and clean earthen filled used to create the roadbed. Once the crossing is completed, the upstream rock check dam will be removed and the stream bed returned to its original grade and contour, While the downstream check dam will be replaced with the energy dissipater. Lastly, replacement of the existing 25' of 24" RCP, which has been compromised over the years and is not operating as intended, with two (2) 25' of 48" Class III RCP, will take place. Doing this provoked the need to install a 19' x 12' energy dissipater, on the down stream side of the culverts. Please refer to site plans for details of the proposed work. 4j. Please upload project drawings for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2006-41723 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Scibetta Agency/Consultant Company: SEGi Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The JD was issued 11/18/15. Expires 11/18/2020. SEGi met with Robb Mairs on 10/6, at which time he verified the limits of streams on the property. 5d1. Jurisdictional determination upload meridian tear sheet and signed map 2015.pdf 382.61 KB meridian signed map 2015.pdf 208.79KB DWR Stream Email.pdf 85.73KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? This project is not part of a PUD and has independent access and utilities. Future impacts to wetlands are not needed, to make this project viable. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries ❑ Buffers F Open Waters r Pond Construction 2. Wetland Impacts 2at Reason (?) 2b. Impact type d. W. name * t 2e. Forested* 2C Type of Jurisdicition*(?) 2g. Impact area* 1 Road Crossing P Headvter Forest A Yes Both 0.035 (acres) 2 Road Crossing P Headwater Forest B Yes Both 0.021 (acres) Energy Dissipater P Bottomland Hardwood Forest C Yes Both 0.001 (acres) Energy Dissipater jp Bottomland Hardwood Forest L Yes Both 0.001 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.058 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.058 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type* Type of 3gSwidth * 3h. Impacturisdiction* ❑ �[3f. length* S7 Road Crossing 9 Permanent Culvert lJT Perennial Corps P 3 83 Average (feet) (lir�rfeet) 82 S&EC Temporary Rip Rap Fill JUT Perennial Corps 3 10 Average (feet) (linearfeet) H Road Crossing Permanent Rip Rap Fill (Jr Perennial Corps 3 19 Average (feet) (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 102 31. Total stream and ditch impacts: 112 3j. Comments: 3i. Total temporary stream impacts: 10 E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The Applicant avoided impacts by (1) aligning roads, where crossing through wetlands and the stream, as perpendicular as possible to the features; (2) redesigning Shadow Branch Court, now called Burled Oak Ridge Loop, so that it extends all the way through the wetland feature, which reduced impact at this location by 0.03 acre; (3) left approbmately 1.5-acres of upland undeveloped, (4) designed the lots so that every lot could be built without impacting wetlands; (5) terminated Meridian Forest Dr. prior to crossing the main stream feature, thereby avoiding approArnately 0.13-acre of impact to the Swamp Forest, and 75 LF of impact to the warm water stream; and (6) incorporated wing walls into Stream Impact Area 1, which reduced the impact to the stream by 68 LF, and the two wetland crossing, reducing impacts there by 0.025-acre. In total the Applicant reduced wetland impacts by 0.185-acre and stream impacts by 143 LF. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The Applicant has chosen to leave the lots wooded, except for the area of the building footprint, thus significantly reducing the amount of disturbed area for the project. Lots will be cleared as they are sold and select trees will be left in place. Additionally, sediment and erosion control measures, such as silt fence, check dams and sediment traps will be installed prior to starting the road and utility work. Lastly, work within the streams will not take place within 48 hours before or after a rain event that produces more than 1" of rainfall within a 24 hour period. Once work within the stream has taken place, any temporarily disturbed areas will be lined with jute mat and allowed to revegetate naturally. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): F DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee F Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: LCFUMB 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.10 AC Attach Receipt and/or letter 3c. Comments The Applicant is proposing to offset the loss of 0.058-acre of riparian wetland functions with payment to the Lower Cape Fear Umbrella Mitigation Bank, for 0.10-acre of riparian wetland restoration credit. This is a 1.7:1 mitigation to impact ratio. The Applicant and SEGi believe, the purchase of 0.10-acre of wetland restoration credit, in conjunction with the avoidance and minimization efforts the Applicant has incorporated into the plan, meets the USACE's compensatory mitigation requirements. F. Stormwater Management and Diffuse Flow Plan (required by DWR) v 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: This site is not within a riparian buffer river basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No t^ N/A- project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r^ Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: Both the State and the County stormwater permits are being sought, through those agencies, concurrently with this permit application. G. Supplementary Information u 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 (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * C Yes (.- No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The proposed project will not provide access to currently landlocked property. In addition, the incorporation of strict sediment and erosion control measures as well as collection of stormwater runoff, generated by the proposed development, should ensure downstream receiving water are not adversely affected by the development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Brunswick County will provide sewer service. 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 Sc. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-87 r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 5i. 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? USFWS IPaC (see attached) Consultation Documentation Upload Species List_ Raleigh Ecological Services Field Office.pdf 340.14KB 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?* The proposed work will not take place within a waterbody that would support essential fish habitat. 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?* SEGi relied upon the NC State Historic Preservation Office's HPOWEB 2.0 website to identify any listed historic or cultural resources, within the project site (see attached). None were listed and the project is not located within an area listed on the National Historic Registry. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* C Yes c No 8c. What source(s) did you use to make the floodplain determination?* Brunswick County GIS (see attached) Miscellaneous U Comments This PCN was started before the DWR's Pre -Filing Meeting Request was added. SEGi met with Robb Mairs on 10/6, at Mich time we discussed the proposed project. Robb indicated the meeting would serve as the required, pre -filing meeting. Miscellaneous attachments not previously requested. Meridian Forest PCN Attachments.pdf Signature 9 By checking the box and signing below, I certify that: 338.65KB • 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: Dana A. Lutheran Signature 0—[' . o idrsP.ae� Date 11/16/2020 SEGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL I.D. STREET ADDRESS: Property Owner (please print): Acquisition Holdings, LLC The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on my behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): PO Box 749 Wrightsville Beach, NC 28480 Telephone: 910.685.1090 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature SEGi Authorized Signature Dana A. Lutheran Print Name Print Name 13 November 2020 Date Date TR-B-R 45.31 AC PL 114/17 1850002101 NC211 David Edmonds 11.13.2020 wilawl FAIM I Acquisition HoltlingijW I Attn,, Various Government, Regulatory & Utility Agencies Within North Carolina (NCDWQ, NCDF.Q, NCDOT, C:AMA, USAOCE etc) Brunswick County (BrunsCo, 112Go, duke Energy, etc) New Hanover County (CoW, NHC, CFPUA, Duke Energy, etc) RE: Meridian Forest & Trewhouses on Kerr Developments To Wham It May Concern: August 25, 2020 This letter is to confirm, Acquisition Holding,, LLC ("AH"') has contracted to buy the: develop..ments known as Meridian Forest, located off NC 211 Bolivia, NC (Brunswick County) and Treehouse on Kerr, .located at 1310 N Kerr Ave Wilmington, NC (New Hanover County) from CDM Developments, LLC ("CDM."), a i-e hi '�__. �n...+;_..,~.�,..,.. �, :� .,, in the ..,.taoli ,, Ilrik�i ,appfevedrrrlrrlt3s As the current owner of record on both Developments, CDM hereby authorizes Al -I to perform its necessary due diligence requirements to include but not limited to permit reviews, permit modifications and permit transfer documentation requests necessary to confirm the required ownership transfer of all permits by closing; which is tentatively scheduled for October 31", 2020. To confirm such, the CUM has also counter signed this letter below. I, .Robert E, T.1Xrckabee 11T., any the sole Managing Member of AH and as such, have given approval for the following agents to represent the entity's interests on this request: '1) David Edmonds, V.P- of A.H 2) Ryan Lisk, GC & PM 3) Sea Scape Construction, LLC raider NC GC License # 81976 4) CSD Engineering We appreciate and look forward to working with you during this permitting request. Kindest Regards, Robert E. Huckabee III Managing Member Acquisition Holdings, LLC Managing Member - CDM Developments, LLC 282 Causeway Drive, Suite 2A I P.O. Box 749 Wrightsville Beach, NC 28480 µLiDAR Map 98-acre NC211 Tract Supply, Brunswick Co., NC 12/12/2014 014-054.01Map Source: NCDOT LiDAR Data 0 100 200 300 40050 Feet Elevation Value High : 44 Low : 11 Property Line 2008 Wetland Survey µTopo Map 98-acre NC211 Tract Supply, Brunswick Co., NC 12/12/2014 014-054.01Map Source: USA Topo Maps 0 280 560 840 1,120140 Feet Property Line 2008 Wetland Survey Fo KrB Fo BaB To Mk To Fo BaB BnB BaB Ly Mu Lo BDC BDC µSoils Map 98-acre NC211 Tract Supply, Brunswick Co., NC 12/12/2014 014-054.01 Map Source: ESRI World Imagery, Soil Survey of Brunswick Co. 0 100 200 300 40050 Feet Property Line 2008 Wetland Survey Brunswick Co. Soil Survey U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT 0 Action Id. SAW-2006-41723 County: Brunswick U.S.G.S. Quad: NC- Lockwoods Folly NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Meridian Land Holdines LLC 208 Bates Retreat Hampstead, North Carolina 28443 Anent: David Scibetta Southern Environmental Group, Inc. 5315 South Colleee Road, Suite E Wilmineton, North Carolina 28412 Size (acres) 45.305 Acres Nearest Town Supply Nearest Waterway Lockwoods Folly River River Basin Lumber USGS HUC 03040208 Coordinates Latitude: 33.9984 N Longitude:-78.2065 W Location description: The review area is comprised of mrcel 1850002101 located on the north side of NC Highway 211 across from Deer Trot Road, near the town of Supply, Brunswick County, North Carolina. The review area is limited to the tract identified as "Tract B" on the attached survey titled "404 Jurisdictional Boundary Survey of Tract B, Avalon Land II" dated July 17, 2015. Indicate Which of the Following Apply: A. Preliminary Determination _ There appear to be waters, including wetlands, on the above described property, as depicted on the attached exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional determination may be used in the permit evaluation process, including determining compensatory mitigation. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction 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. _ 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. Page 1 of 2 X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat identified below. 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 property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 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 Kyle Dahl at 910-251-4469 or Kyle.J.Dah]Ausace.armv.mil. C. Basis For Determination: The site contains features that meet the wetland criteria identified in the 1987 Corps Delineation Manual and appropriate regional supplement that are considered jurisdictional. The site also contains features with an Ordinary High Water Mark that are considered 'urisdictional as well. The enclosed survey titled "404 Jurisdictional Boundary Survey of Tract B Avalon Land 11" dated July 17 2015 .accurately depicts the extent of on -site jurisdictional wetlands and other waters. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (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 1OM15 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 1/18/2016 **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: November 18, 2015 Expiration Date: November 18, 2020 NOT rI;ICAT[ON 0 F AD VIINis'rRATIVE APPEAL OPTIONS AND PROCESS AND REQLTEST FOR APPEAL Applicant: Meridian Holdings, LLC File Number: SAW-2006-41723 Date: November 18, 2015 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of ennission) A B ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) ❑ 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:lhvw�v.usace.artny.mil/Missions/CivilWorks/Rego_l_atoryProgramandPermits.aspx or Corns regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the 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 1I - REQUEST FOR APPEAL or OBJECTIONS TO AN IN ITIAL 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 QF.- CONTAICT FOR QUESTIONS OR INFORMATION:. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Kyle Dahl CESAD-PDO (910) 251-4469 U.S. Army Corps of Engineers, South Atlantic Division Kyle.J.Dahl@usace.army.mil 60 Forsyth Street, Room 1OM15 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. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Kyle Dahl, 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 . 1, VERNON DEREK DANFORD, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVSION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,ODO+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH "THE STANDARDS OF Ij PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA"; WITNESS MY ORIGINAL SIGNATURE, LICENSURE NUMBER ANDTH 17TH _ DAY __ LY A.D. 2015. I Vl -------------- VERNON DEREK OANF RD '���1 1 1111� ��,,--• . • • • N.C. PLS No. L-4528 •��� AIQD(�''• • . =&lEssi� S E A L — � •• rif . v L.-4528 ❑ • lJlliff I + • "THIS CERTIFIES THAT THIS COPY OF THIS 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 UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL. " SIGNAATTUrR,E�OFA. S. ARMY CORPS OF ENGINEERS OFFICIAL DATE NOTES 1. THIS TRACT IS LOCATED IN ZONE X PER FRIS ON FIRM MAP NUMBER # 3720203800 J DATED: JUNE 2, 2006 2. THIS TRACT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD. 3. WETLANDS WERE DELINEATED BY ACCESS AND UTILITY EASEMENT (WIDTH VARIES) DAVID SCIBETTA WITH SEGi, SOUTHERN ENVIRONMENTAL GROUP, INC. 10 X 70 r040 + SIGHT r \ f TRIANGLE 1 CO O OLEANDERDRIVE DANFORD4021/SLlITE203 \ �4335�" � � N, &ASSOCIATES WILMINGTON,NC 2B403 \ ¢s� LZ9 4�g' w7 4Q 543gg T LAND SURVEYING, P.C. PHONE (910)799-0916 At C 10 X 70 � `:� .. 404 JURISDICTIONAL BOUNDARY SURVEY OF ' TRw�cLE III 7— \ \ Iyss 5s7 rs TRACT B AVALON LAND II, LLC DIVISION PARCEL ID # 18=2101 DEED BOOK 2895 PAGE 875 MAP BOOK 36 PAGE 76 LOCKWOOD FOLLY TOWNSHIP BRUNSWICK COUNTY NORTH CAROLINA 1 LOCATION MAP NOT TO SCALE 286 285 AVALON OF T 1 284 CAROLINAS MB 45 PG 86 7- OF 2 OWNER: MERIDIAN LAND HOLDINGS, LLC 208 BATES RETREAT — HAMPSTEAD, NC 28443 JULY 17, 2015 300 0 150 300 600 1 INCH = 300 FEET DANFORD & ASSOCIATES LAND SURVEYING, PC Land Projects\LENNON UHUSSRUAUS IKACI I3 4U4 WtILANUS\aWg\LLNNUN UKUJJKUAUJ IKAUI b 4U4 WLILANUJ.0Wg RE: [Non-DoD Source] RE: [External] Meridian S.D. Stream Determination 0 Mairs, Robb L crobb.mairs@ncdenr,gov> To dlutheran@segi,us, 'Beecher, Gary H CIV USARMY CESAW (USA)' You forwarded this message on 1fl}7I2-0202:07 PM. I MG_4J Pg I MG_0921, jpg $ MB 6 M6 Hey Dana, The coordinates far the intermittent pornt taken yesterday (1016/2020) was: 33.9923,-7&2107. As discussed, this intermittent stream leads down gradient into a wetland area, which abuts a perennial stream (tJT to the Lockwoods Foily River). Thanks, Rabb From: dlutheran@segi.ns [maiIto:dluthefan@seRi.us] Reply 44] RepryAll Froward Wed lI 7120201,03 PM Meridian Forest PCN Attachments SEGi Brunswick County GIS Flood Map Project Limits Meridian Forest PCN Attachments SEGi NC Historic Preservation Map Project Location F1w1 AW1113UFL United States Department of the Interior W"' 1V" FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office ' �'qCH 3, 59 Post Office Box 33726 - Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: November 13, 2020 Consultation Code: 04EN2000-2021-SLI-0237 Event Code: 04EN2000-2021-E-00499 Project Name: Meridian Forest Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 11/13/2020 Event Code: 04EN2000-2021-E-00499 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 11/13/2020 Event Code: 04EN2000-2021-E-00499 Attachment(s): • Official Species List 11/13/2020 Event Code: 04EN2000-2021-E-00499 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/13/2020 Event Code: 04EN2000-2021-E-00499 2 Project Summary Consultation Code: 04EN2000-2021-SLI-0237 Event Code: 04EN2000-2021-E-00499 Project Name: Meridian Forest Project Type: DEVELOPMENT Project Description: Single family subdivision on about 34 acres. Work to start within next 3 months. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/33.99486946189O5lN78.21130986477817W Counties: Brunswick, NC 11/13/2020 Event Code: 04EN2000-2021-E-00499 3 Endangered Species Act Species There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals ►1_1�4m West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location is outside the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469 STATUS Threatened 11/13/2020 Event Code: 04EN2000-2021-E-00499 4 Birds NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8477 Reptiles NAME American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/776 Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 Threatened Endangered Threatened STATUS Similarity of Appearance (Threatened) Threatened Endangered Endangered Threatened 11/13/2020 Event Code: 04EN2000-2021-E-00499 5 Snails NAME STATUS Magnificent Ramshorn Planorbella magni fica Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6216 Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8549 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.