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HomeMy WebLinkAbout20201857 Ver 1_PJD Package_20210106TERRAIN ENVIRONMENTAL CONSULTING January 5, 2021 US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Attention: Ms. Emily Greer Subject: Request for Preliminary Jurisdictional Determination Lea Property US Highway 17 Hampstead, NC Dear Ms. Greer Terrain Environmental Consulting, PLLC (TEC) is requesting a Preliminary Jurisdictional Determination at the above -referenced site on behalf of the property owner. The site consists of an approximately 1.63-acre parcel identified as Pender County Parcel 3282-97-3396-0000. Our site visit was conducted on November 24, 2020 at which time one jurisdictional wetland was observed. The following documentation has been provided in support of this request: • Jurisdictional Determination Request Form • Appendix 2 Preliminary Jurisdictional Determination Form • Agent Authorization • Property Deed • Figure 1 — Site Vicinity • Figure 2 — USGS Topography • Figure 3 — Soils • Figure 4 — Waters of the US • Wetland and Upland data forms CLOSING If you have any questions, require additional information, or wish to schedule a site meeting, please do not hesitate to contact me. Sincerely, Paul Masten, LSS, PWS President/Owner urisdictional Determination Reauest US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: US Highway 17 City, State: Hampstead, NC County: Pender Parcel Index Number(s) (PIN): 3282-97-3396-0000 B. REQUESTOR INFORMATION Name: Terrain Environmental c/o Paul Masten Mailing Address: 2014 Wrightsville Avenue Wilmington, NC 28403 Telephone Number: 910-512-1253 Electronic Mail Address: pmasten@terrainenv.com Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultanti Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION' Name: Bert Lea, Jr. Mailing Address: PO BOX 130 Hampstead, NC 28443 Telephone Number: 910-620-9520 Electronic Mail Address: leaproperties@gmail.com 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Paul Masten Print Name Capacity: ❑ Owner Z Authorized Agent' Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 0 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 1 .63 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 34.367703 Longitude:-77.709742 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. Vicinity Map Aerial Photograph F4 USGS Topographic Map 0 Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC county/parish/borough: Pender city: Hampstead Center coordinates of site (lat/long in degree decimal format): Lat.: 34.367662 Long.:-77.709742 Universal Transverse Mercator: Name of nearest waterbody: Mill creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): 1 1 /24/20 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) WA 34.367703 -77.709032 0.01 ac wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-4 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name Hampstead 1:24000 0 Natural Resources Conservation Service Soil Survey. Citation: Web SOII Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ■❑ Aerial (Name & Date): NC One Map 2016 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD {� UL 1 /6/21 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. dP El ■ 0 .y. -y4 4f i ap ■,-6 a. +,6.&� �_ • Art JO wV #� y y STATt N7 { t T LI �-- o$ for r n the + � -�•� Y . L Jt y r r AX y - + ' i • i+ ..■waft 19- ti..At 010, clock. rt.-Tiered in the office of the inter of Deeds 1 9 Pen&r County III S rAk No.eg IMP Page r . i + Reg si r � �� � rThis i natrument was. prepared byg J. H4 Ferguson� ��■� ME i ` } T - 210 Princess . , Wilmington, . ■ NORTH CAROLINA GENERAL WARRANTY -DEED. HIS Dday.of a .1 rid between' p"P � rdrF M GRANTOR GRANTEE, �` ,1_, F + f JACK . _ LEA jp LEA • PROPERTIES O I ; , K - JEAN W. LEA P. a. Box 4097 _ BERT L. LEAj SR. ' et .ux - .: Hampstead, N. C. - 28443 - KATHLEEN M. LEA . The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and �;hall inc�.ude singular, plural, masculine, -feminine or neuter as � required by context. WITNESSETH, that the Grantor, for a valuable consideration paid - by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain. seal. and convey unto the Grantee in fee simple,_ all that certain lot or parcel of land situated in Fender County, North Carolina and more particularly t described a5 follow8. �1 1 .-.F T.S,C! '29: _ 41 4z 107 _ 12• _ 10 _ An _ A _ d? _ d'I _ + 44, 45, and 46, located in the Village of Hampstead, Topsail Township, Fender County, as shown by map recorded in Book .-.72, page 491 0f the Fender County Registry, and being the . same'lands-conveyed by deeds recorded in Book 352- page 416; Book 529, page 43; Book 367, page 431; Book 446, gage 14910 Book 446, page 1ST and Book 445, page 150, of the Fender County Registry. Tract 2. BEGINNING -at a pump strainer driven in the eastern line of -the right ofway of State Highway No. 30, said beginning being 24 feet northeast of the northeastern side ' of Reaves Stare and about 106 feet northeast of the center -= of the road leading to,the sound; thence from the beginning _ and with the eastern line of the right of way of said Highways north 46 degrees 24 minutes east 231 feet to an iron stake with a hickory tree as pointer; thence at right angles to said I•Iighway, south 43 degrees 40 minutes east 284 feet to an iron pipe in the'run of a branch, said,pige being . . driven or: the northwest side of a three -forked maple tree _ marked -as a painter; - thence up the run of said branch in a =. southwesterly direction to a point that a line run at right - - anqles to said Highway from the beginning would inte-rsect . the -run of the said branch. said paint being marked by a _ piece of iron shafting drivPn in the rain of the branch with a sweet. bay and two maple trees as pointers; thence north 43 degrees 40 minutes west 185 feet to the beginning#- contal*ning 1--1/4 acres; more or less. Being the same lands conveyed by deed to Bert L. Lea and Jack M. Lear recorded in Book 381, page 515 of the-Pender County Registry. Tract 3., BEGINNING at a paint where the northern line of Atobsbn Raad intersects the pastern line of U. S. Highway Na. 17, and runs thence in a -northerly direction with the eastern edge of U. S.- Iiighway No. 17 to the Howard corner. .now J . 11. Lea's corner; ttience south 43 degrees 40 minutes east 'to a ditch which crosses the ASabsan Road, J. F. 13award's line; thence with said ditch' in a southerly direction to the northern edge of the Mobson Road; thence in. li i * qMF M Y dPM a L, + 1 t 1 . direction with Lth northern Mobson Road * .• • ro the polnu or Deginning, ana Deingthe same cans conveyed , # +by deed. to Bert Leighton Lax and Jack Murphy Lea, recorded f in Book 388, age 234 of the Pender C6unty ROgistry, ' L TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all' T4. is privileges and appurte.nances thereto belonging to the Grantee in' fee simple,.. 9 + r � y i ■ t # f IL dt And,the Grantor covenants, w'ilEh the Grantee, that Grantor 's seized of the premises in fee simple, has the right to conveythe. same in fee simple, that title is marketable and free and clear.. of •11 encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all - persons whomsoever except for t' -exceptions hereinafter stated. Title to the property hereinabovedescribed is sut to the following exceptionse. + i Subject to taxes for the year 1. IN WITNESS WHEREOF -the Grantor has hereunto set his hand and + . seal, the day and year first above r-ittn. - _ • - . ddo (SEAL) f� JF /4 et (SEAL) (SEAL) } e2z4u..e. (SEAL) r r ' y � _ 7 NORTH CAROLINA, W HANOVER COUNTY V r� I � r I I, -a Notary Public the County and State aforesaid, certify that Jack M. Lea and wife, Jean W. Lea, and Bert L. Lea, Sr. and wife, Ka-thle'e'rr,` ` r . # Lea, Grantor, personally eared before F _ tt;�+''�y.'. day andacknowledged t execution f the&re'g'i�`�� �=�Y instrument - - v y IL * vp rF 1dp i mess hand and sea this 'a � - . • y # + ; r 4 Uf a 0 My Conn. fires,, �� ..' VI Notary Public The foregoing Certificate } Notary Public of Aeto County, its certified to be correct. This instrument and this rti irate are l r registered at the date and in the Book and Page shown on the first page hereof. 11G11 OVERSTREETt REGISTER OF DEEDS FOR PENDER COUNTY BY sistat- f Register of Deeds a" } • 1 + r i ' t ` r 4L. f "r FIGURES col Pond Rd SapsR a N\�ryaod' _ _asne bar :o IFL B o� ed _c untry Clut '21 G. 9( /eaP 10, NO �' c Castle 9aq Or -17 2 i� esdep0 A Coo r a C d �0r Jr' 11 o c 5� d co 01 as Ay /a 0 9�� v 1" Rq G Oki, Pant `/ Golf Club V' C'a a /holy..^tCi 7� �� Q dP0• V��\ ga( o •O aR 4 Z� P 0 Cy Beare ° s 4 yam' 40 aaa� � rR/ °z �mpstead ° Q FactoY Ra Project Site ^� O O J P NOr P'ya9ro n s Rd C O �Or 4, w �y �,pi ayh J"So`C 7g o' 9 O a o Oo C4 s� P2R a o� 0 m U O Q 7/`00 Scott. Service Layer Credits: Sources: Esn, HERE, Gamin, USGS, Intermap, INCREMENT P, y///(NRCan, Esri Japan, METI, Esn China (Hong Kong), Esn Korea, Esn (Thailand), NGCC, (c) o ou Open StreetMap contributors, and the GIs User Community FNI-'�oti Figure 1 - Site Vicinity Lea Property US Highway 17 Hampstead, NC N - Pender Miles December 2020 NAD83 NC Statel"lane This map is for reference only. CONcI uTING Iroject Site F7 F o 0649).0. D , Service Layer Credits: USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, IN Structures Dataset, and National Transportation Figure 2 - USGS Topograph Lea Property US Highway 17 Hampstead, NC N - Feet Pender �i December 2020 �^ 0 300 NAD83 NC StateP lane —� �i This map is for reference only. r x. Legend Project Site NRCS Soil Series Boundaries �4 FN�'�oti Figure 3- USGS Topograph Lea Property US Highway 17 Hampstead, NC N - Pender Feet December 2020 0 150 NAD83 INC StatePlane �� �i This map is for reference only. A Legend Fd 1 oho Project Site Wetland ' ♦ Data Points --, -Y Se eeAts: 6. Figure 4 - Waters of the US Lea Property US Highway 17 Hampstead, NC N - Pender Feet January 2021 �^ 0 100 NAD83 NC StatePlane This map is for reference only- cNS J\ WETLAND/UPLAND DATA FORMS WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: US Highway 17 Lea Property City/County: Hampstead Sampling Date: 11/24/20 Applicant/Owner: Lea Properties, Inc c/o Bert Lea, Jr State: NC Sampling Point: WA Wet Investigator(s): Terrain Environmental - Paul Masten Section, Township, Range: Landform (hillslope, terrace, etc.): drainageway Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR T Lat: 34.367703 Long:-77.709032 Datum: NAD83 Soil Map Unit Name: Umbrlc Endoaquods, MUrvllle NWI classification: upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation ✓ Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: Portions of the wetland are being mowed/maintained on a regular basis HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) Aquatic Fauna (1313) ` Sparsely Vegetated Concave Surface (138) ✓ High Water Table (A2) Marl Deposits (1315) (LRR U) _ Drainage Patterns (1310) ✓ Saturation (A3) Hydrogen Sulfide Odor (Cl) ` Moss Trim Lines (B16) Water Marks (131) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) Drift Deposits (133) _ Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Thin Muck Surface (C7) ✓ Geomorphic Position (D2) Iron Deposits (135) ` Other (Explain in Remarks) Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (139) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes ✓ No Depth (inches): 0 Saturation Present? Yes ✓ No Depth (inches): 0 Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: WA Wet Absolute Dominant Indicator Dominance Testworksheet: Tree Stratum (Plot size: 30 ft ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 2. 3. 4. leaproperties@gmail.com 5. 6. 0 = Total Cover 50% of total cover: 20% of total cover: _ Sapling Stratum (Plot size: 30 ft ) 1. 2014 Wrightsville 2 Hampstead, NC: 3. 910-620-9520 4. 5. 6. _ 30457 = Total Cover 50% of total cover: 20% of total cover: _ Shrub Stratum (Plot size: 30 ft ) 1. 2. 3. 4. 5. 6. Total Number of Dominant Species Across All Strata: (A) (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100 (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: 0 (A) 0 (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% El 3 - Prevalence Index is <-3.0' Ej Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: 0 = Total Cover Tree -Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: 30 ft ) (7.6 cm) or larger in diameter at breast height (DBH). 1. Typha angustifolia 50 Yes OBL Sapling -Woody plants, excluding woody vines, 2. Solidago canadensis 15 No FACU approximately 20 ft (6 m) or more in height and less 3. Aster sp 15 No FAC than 3 in. (7.6 cm) DBH. 4 Juncus effusus 5 No FACW Shrub - Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb - All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 8. 3 ft (1 m) in height. 9. Woody vine - All woody vines, regardless of height. 10. 11. 85 = Total Cover 50% of total cover: 42 20% of total cover: 17 Woody Vine Stratum (Plot size: 30 ft ) 1. 2. 3. 4. 5. Hydrophytic 0 = Total Cover Vegetation n 50% of total cover: 20% of total cover: Present? Yes W . 1 No Remarks: (If observed, list morphological adaptations below). Portions of the wetland are being mowed/maintained regularly US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: WA Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-12 10YR 3/1 100 Ms M fine sand mucky 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 153B) ✓ 5 cm Mucky Mineral (A7) (LRR P, T, U) ` Depleted Dark Surface (F7) Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) ` Redox Depressions (F8) Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) ` Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 150B) Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) _ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ✓ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes Z No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/site: US Highway 17 Lea Property city/county: Hampstead Sampling Date: 11/24/20 Applicant/owner: Lea Properties, Inc. c/o Bert Lea, Jr State: NC Sampling Point: WA Up Investigator(s): Terrain Environmental - Paul Masten Section, Township, Range: Landform (hillslope, terrace, etc.): flat Local relief (concave, convex, none): none Slope (%): 0-1 Subregion (LRR or MLRA): LRR T Lat: 34.367703 Long:-77.709105 Datum: NAD83 Soil Map Unit Name: Umbrlc Endoaquods, Murvllle NWI classification: upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Area is being mowed/maintained on a regular basis HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apr)ly) _ Surface Soil Cracks (B6) Surface Water (Al) Aquatic Fauna (B13) — Sparsely Vegetated Concave Surface (B8) High Water Table (A2) Marl Deposits (B15) (LRR U) _ Drainage Patterns (B10) Saturation (A3) Hydrogen Sulfide Odor (Cl) — Moss Trim Lines (B16) Water Marks (B1) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) Sediment Deposits (B2) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) Drift Deposits (B3) _ Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) _ Thin Muck Surface (C7) _ Geomorphic Position (D2) Iron Deposits (135) — Other (Explain in Remarks) — Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (B7) _ FAC-Neutral Test (D5) Water -Stained Leaves (B9) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: WA Up Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ft ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 1 (A) 2. Total Number of Dominant 3• Species Across All Strata: 1 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 0 = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: Sapling Stratum (Plot size: 30 ft ) OBL species x 1 = 1 FACW species x 2 = 2 FAC species x 3 = 3 FACU species x 4 = 4 UPL species x 5 = Column Totals: 0 (A) 0 (B) 5 6• Prevalence Index = B/A = 0 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 30 ft ) 2 - Dominance Test is >50% 1 • ❑ 3 - Prevalence Index is <_3.0' 2• ❑ Problematic Hydrophytic Vegetation' (Explain) 3. 4• 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 0 = Total Cover Tree —Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: 30 ft ) (7.6 cm) or larger in diameter at breast height (DBH). 1. Gramineae sp 100 Yes FAC Sapling —Woody plants, excluding woody vines, 2. approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb — All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately $• 3 ft (1 m) in height. 9. Woody vine — All woody vines, regardless of height. 10. 11. 100 = Total Cover 50% of total cover: 50 20% of total cover: 20 Woody Vine Stratum (Plot size: 30 ft ) 1. 2. 3. 4. 5. Hydrophytic 0 = Total Cover Vegetation Fv-1 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below). Portions of the wetland are being mowed/maintained regularly US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: WA Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LocZ Texture Remarks 0-16 10YR 3/1 70 2.5Y 3/1 20 Ms M fine sand <70% coated sand grains 10YR 5/1 10 D M 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) — Black Histic (A3) — Loamy Mucky Mineral (F1) (LRR O) J Reduced Vertic (F18) (outside MLRA 150A913) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) — 1 cm Muck (A9) (LRR P, T) — Marl (F10) (LRR U) _ Other (Explain in Remarks) — Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 161) Thick Dark Surface (Al2) _ Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and — Coast Prairie Redox (A16) (MLRA 150A) — Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, — Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 161) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C9 153D) Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes -a No -Z US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0