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.