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HomeMy WebLinkAbout20202002 Ver 1_ePCN Application_20210301DWR Division of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes r No Is this project a public transportation project?* C Yes 6 No Change only if needed. BIMS # Assigned 20202002 Is a payment required for this project?* r No payment required r Fee received 6 Fee needed - send electronic notification Reviewing Office * Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Isabella Park 1a. Who is the Primary Contact?* Dana A. Lutheran 1b. Primary Contact Email:* dlutheran@segi.us Date Submitted 3/1 /2021 Nearest Body of Water Food Creek Basin Cape Fear Water Classification C;sw Site Coordinates Latitude: Longitude: 34.28581 8.12942 Pre -Filing Meeting Information ID# 20202002 Pre -fling Meeting or Request Date* 12/18/2020 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form 12-18-2020.pdf Version#* 1 What amout is owed?* 6 $240.00 r $570.00 Select Project Reviewer* Robb Mairs:eads\rlmairs2 1c. Primary Contact Phone:* (910)228-1841 Version 1 55.21 KB A. Processing Information C^U 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: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 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 DWR401 Certification: For the record only for Corps Permit: r 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? r Yes r No B. Applicant Information 1d. Who is applying for the permit? F Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes (- No 2. Owner Information 2a. Name(s) on recorded deed: 7H LLC 2b. Deed book and page no.: 4296/1135 2c. Responsible party: Spencer Hackney * r Yes r No r Yes r No 2d.Address Street Address 128 Inlet Point Drive Address tine 2 City Wilmington Postal / Zip Code 28409 2e. Telephone Number: (910)228-1841 2g. Email Address:* dlutheran@segi.us 3. Applicant Information (if different from owner) 3a. Name: Mr. Nathan Sanders 3b. Business Name: Dominion Land Corp. 3c.Address Street Address PO Box3167 Address tine 2 city Wilmington Postal / Zip Code 28403 3d. Telephone Number: (910)791-1196 31'. Email Address:* nathan@sancobuilding.com 4. Agent/Consultant (if applicable) 4a. Name: Dana A. Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c.Address Street Address 5315 South College Road Address tine 2 Suite E city Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)228-1841 4f. Email Address:* dlutheran@segi.us Agent Authorization Letter* Agent Authorization Form Signed.pdf State / Province / Iagion NC Country us 2f. Fax Number: State / Province / I3gion NC Country us 3e. Fax Number: State / Province / Region NC Country us 4e. Fax Number: 34.82KB ... __......... C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) NA 1c. Nearest municipality/ town: Maco 2. Project Identification 2a. Property Identification Number: 0150004301, 0150004302, 0150004303 and 2b. Property size: 0150004304 40 2c. Project Address Street Address 3429 & 3498 Andrew Jackson Highway Address tine 2 City State / Province / Region Northwest NC Fbstal / Zip Code Country US 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Hood Creek 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. 030300050406 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The project site is devoid of any man made structures, but there are several ebsting soil roads that meander through the property (see Aerial Photo, as part of Soil Survey). A review of historical aerials (1993-2019) revealed the vegetation, within the upland portion of the property, has been managed and, as recently as 2015, saplings were planted on a portion of the site. The project is bordered by US Hwy. 74/76 (Andrew Jackson Hwy.), to the south, and undeveloped land to the north, east and west. A Industrial/commercial site, located appro>mately 0.4 mile to the west, is the only development within close propmity to the site. The surrounding tracts are zoned Commercial - Intensive and Commercial - Low Density. The project site is zoned Commercial Low Density (CLD) (see Zoning Map). Several High Pocosin, with Pocosin fringe, wetland complexes are scattered about the project site (see site plan). The site is located in an area that is experiencing rapid growth and where dwellings are in high demand and there is low inventory. 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) Isabella Park Topo Map 092515.pdf Isabella Park LiDAR Map 092515.pdf 584.36KB 484.41 KB 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) Isabella Park Soils Map 092515.pdf 881.52KB 4f. List the total estimated acreage of all existing wetlands on the property: 10 +/- 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The purpose of this project is to install road, utilities and stormwater management systems, that will support the proposed 170 lot, high density, subdivision, as well as prepare 25 lots, for a 65' x 30' building footprint dwellings. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The work will include Wdening on ebsting road crossing, which will entail placing a single 18" RCP, overlain with clean earthen soil, within appropmately 0.003 acre of wetlands. The road will be topped with asphalt. Additionally, two cul-de-sacs (i.e., Wild Plum Lane and Juniper Leaf Court) will be installed and will entail placing clean earthen soil within 0.135-acre of wetlands, as well as installing two outfall structures for Ponds 1 and 3, which will entail placing an energy dissipator within 0.009-acre of wetlands. Lastly, placing clean earthen fill within 0.353 acre of wetlands for the purpose of providing a adequate building envelopes for the following lots: 8, 9, 11, 1-1, 18, 29, 31 & 32, 66 & 67, 125-128, 153-155, 157-159 and 160- 162 (see attached site plans for details). Heavy machinery, such as bulldozers, excavators and dump trucks, will be used to complete the work. Indirect impacts are not anticipated with this project. 4j. Please upload project drawings for the proposed project. ISABELLA PARK WETLAND IMPACT MAP - 02-22-21.pdf 285.95KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C 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-2007-3592 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 bythe Corps or DWR issued 9/27/16 e>pires 9/27/21 Mt. Jurisdictional determination upload Isabella Park JD 092716.pdf 2.23MB 6. Future Project Plans 6a. Is this a phased project?* r Yes R No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This project is not part of PUD. Previous permits and certifications have not been issued for this project, and no further permits or certifications are needed, to make the project viable. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): FZ Wetlands r Streams -tributaries ❑ Buffers r- Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason(?) Pond 1 outfall 2b. Impact type * M P 2c. Type of W. Pocosin 2d. W. name * 2e. Forested* [2f.Type of urisdicition*(?) 2g. Impact area* A Yes Corps 0.004 (acres) Lot fill -Lot 8 P Pocosin ��F Yes Corps 0.003 (acres) 3 Lot fill - Lot 9 P Pocosin F Yes Corps 0.002 (acres) Lot fill -Lot 11 P Pocosin B Yes Frps 0.000 (acres) 5 Lot fill - Lot P Pocosin �13 Yes Corps 0.010 (acres) 6 Lot fill - Lots 15-17 P Pocosin �13 Yes Corps 0.047 (acres) 7 Lot fill - Lot 18 & Road P Pocosin B Yes Corps 0.020 Crossing (acres) Pond 3 outfall P Pocosin B Yes Corps 0.005 (acres) Lot fill - Lot 29 P Pocosin B Yes Corps 0.006 (acres) 10 Lot fill - Lots 31 & 32 P Pocosin B Yes Corps 0.007 (acres) 11 Juniper Leaf Ct. P Pocosin B Yes Corps 0.045 (acres) 12 Lot fill - Lots 66 & 67 P Pocosin B Yes Corps 0.030 (acres) 13 Lot fill - Lot 8 P Pocosin J Yes Corps 0.030 (acres) 14 Lot fill - Lot 126 P Pocosin J Yes Corps 0.002 (acres) 15 Lot fill - Lots 127 & 128 P Pocosin ��K Yes Corps 0.030 (acres) 16 Wild Plum Lane P Pocosin E Yes Corps 0.090 (acres) 17 Lot fill - Lots 153 -159 P Pocosin E Yes Corps 0.045 (acres) 18 Lot fill - Lots 157 & P Pocosin E Yes Corps 0.060 Road Crossing-159 (acres) 19 Lot fill - Lots 160-162 P Pocosin E Yes Corps �10.064 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.500 2h. Comments: Please see attached Wetland Impact Map 2g. Total Permanent Wetland Impact 0.500 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The Applicant avoided wetland impacts, by utilizing the existing soil road, as one of it's proposed roads, for the subdivision. Also, the Applicant stopped Juniper Leaf Court short, instead of extending it out further, which would have created the need to impact significantly more wetlands, at this location, than what is currently proposed. By doing this, the Applicant lost one lot. Lastly, the Applicant chose to remove two lots (i.e. between Lots 125 and 126), thereby avoiding impacting wetlands for those two structures. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The Applicant will install sediment and erosion control measures, prior to undertaking land disturbing activities. The measures will be monitored regularly, to ensure they are operating as intended, and repaired as necessary. Additionally, orange construction fencing will be installed along all approved wetland impact limits, to identify, on the ground, the authorized limits of disturbance. This should ensure that unauthorized impacts to wetlands does not take place during the construction process. 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): W 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 r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Bank (Sneeden & White Springs Tracts) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 1.0 Attach Receipt and/or letter 3c. Comments Has been requested and will be sent upon receipt. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: This project is not located within one of NC Riparian Buffer River Basins. 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 r 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: The engineer, Norris and Tunstall, will be applying for a High Density Stormwater Permit, from the county and the state 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)? * r Yes r 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. Previous impacts have not take place and future impacts are not anticipated. The project will entail using strict S&EC measures to ensure sediment does not discharge into downstream receiving waters. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 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. Municipal water and sewer are available. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US FWS IPaC Consultation Documentation Upload Species List_ Raleigh Ecological Services Field Office.pdf 167.44KB 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?* This site does not contain a waterbody that would support EFH. 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?* (- Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO HPOWEB 2.0 (see attached) 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Brunswick Co. GIS Flood Map (see attached) Miscellaneous Comments Miscellaneous attachments not previously requested. Isabella Park SHPO HPOWEB 2.0 Map.pdf 1.78MB Isabella Park Flood Map.pdf 1.72MB Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowedge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request Within the applicable reasonable period of time. • 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 Date 3/1 /2021 O � o o cd bU In bUq b ri) i N cn N Cd U Q ,d � O O j U N Cd r� O 4-1 In 0 0 bf o O x w c O Q bA a cd o a � a �3 o a H�� KA a O -v Cd A USGS Topo Map 40-acre Isabella Park Tract Northwest, Brunswick County, NC 9/25/2015 015-055.01 µMap Source: USA Topo Maps, 7.5-minute quad, 1:24K scale Elevation Value High : 50 Low : 26 Property Line 2007 Wetlands 0 175 350 525 700 875 1,05087.5 Feet 1 inch = 833 feet ANDREW JACKSON MERKS LiDAR Map 40-acre Isabella Park Tract Northwest, Brunswick County, NC 9/25/2015 015-055.01 µMap Source: NC Flood Mapping LiDAR Data Elevation Value High : 50 Low : 26 Property Line 2007 Wetlands 0 50 100 150 200 250 30025 Feet 1 inch = 250 feet ANDREW JACKSON MERKS Pn BaB Lo BnB Ra Soils Map 40-acre Isabella Park Tract Northwest, Brunswick County, NC 9/25/2015 015-055.01 µMap Source: NCOneMap Orthoimagery Soil Survey of Brunswick Co. Property Line 2007 Wetlands 0 50 100 150 200 250 30025 Feet 1 inch = 250 feet                                    ENGINEERJ O H N PHILLIP NORRISLicence #C-36411429 ASH-LITTLE RIVER RD. NWASH, NC 28420PHONE (910) 287-5900NORRIS & TUNSTALLCONSULTING ENGINEERS P.C.2602 IRON GATE DR., SUITE 102WILMINGTON, NC 28412PHONE (910) 343-9653DOMINION LAND CORP.P.O. BOX 3167WILMINGTON, NC 28406910-791-1196/0.004(SF/AC)/0.003/0.002/0.0002/0.01/0.047/0.02/0.005/0.006/0.007/0.045/0.03/0.03/0.002/0.03/0.09/0.045/0.06/0.06 015- 065. 0 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2007-03592 County: Brunswick U.S.G.S. Quad: Acme NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: SF Holdinl4s of Wilminl4ton, LLC c/o Nathan Sanders P.O. Box 3167 Wilminl4ton, North Carolina 28406 Agent: David Scibetta Southern Environmental Group, Inc. 5315 S. College Road, Suite E Wilminl1ton, North Carolina 28412 Size (acres) 40.0-acres Nearest Town Leland Nearest Waterway UNT to Hood Creek River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.28581 N Longitude:-78.12942 W Location description: The property is located at 3492-3498 Andrew Jackson Hillhway (Parcel Nos. 0150004301, 0150004302, 0150004303, & 0150004304), in Leland, Brunswick County, North Carolina. The site consists of a mix of forested, scrub -shrub, and cleared lands and a maintained right-of-way. The project site is bound by Andrew Jackson Hil4hway to the south commercial development and undeveloped, forested land to the west, a residential d_wellinz and undeveloped, forested land to the east, and undeveloped, forested land to the north. 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 detennining 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 property subject to the pen -nit 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. _ There are 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. Page 1 of 2 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 wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the figure 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 project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 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 John N. Policarpo at 910-251-4487 or John.N.PolicarpoC&usace.army.mil. C. Basis for Determination: The proiect site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. Wetlands on -site are considered adjacent to Relatively Permanent Waters (RPW) and are determined to be jurisdictional under Section 404 of the Clean Water Act. This determination is based on a site visit conducted by John Policarpo of the Corps on September 9, 2016. The enclosed figure entitled, "2007 Wetland Survey on Aerial, 40-Acre Isabella Park Tract, Northwest, Brunswick County, NC", dated September 25, 2015, accurately depicts the approximate extent of jurisdictional wetlands on the project site. 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 November 27, 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: ' I , Date: September 27, 2016 Expiration Date: September 27, 2021 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http:Uregulatory.usacesurvey.coml. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: SF Holdings of Wilmington, LLC I File Number: SAW-2007-03592 Date: September 27, 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.ai-my.mil/Missions/CivilWorks/RegulatoryProgramandPermits aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • 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. IALPROFFEEDRIT..SECTION II= REQLFORAPPEAL;or OBTECTIONSTO ANINITV 'EST REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT`OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the 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: John N. Policarpo CESAD-PDO (910) 251-4487 U.S. Army Corps of Engineers, South Atlantic Division John.N.Policarpo@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 op ortunity 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, John N. Policarpo, 69Darlington Ave., Wilmington, NC 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 , t '� , y - � .�+ •' • 3r' ~ *a� f ,�y .h A., _ % � Y , 4 .aa' xf' �*'� � t ryy,,.��"�a;�•� �'� t'ti:- � a q-r�. • ?+��" ik�' ..'�' - i �. ,► :�. _ 4 `"i`t •''yy.�`� t ! jam• f - .'}.'" -- Y, t r , � � , r ��� 77�.. yx 4 \4 •.. � yid 'ti.+ �. '�`�•RS�+� ��v� t�*�Cfi l.�i_ -�'� - k. vi ti fr, i, s k if L It lk'may. LN .i•:. -.! cf"` yam• `Y ��t► t` / ''j�"�� } ,,3* ." � o. �`� �. �.tr r'T �•�-- i- A'. ' �.. ,_ '>Q'� �2✓� - ,A�p .y:� "ry �11 ..� ty. y_,,.jd. �..a -.i'. y,•��y� a e� htyF y s !�. t QW t► { a • r , ' M � w� ��' � y.�x r �.a• 1� Property Line 2007 Wetlands 0 2550 100 150 200 250 300 Feet 2007 Wetland Survey on Aerial 1 inch = 250 feet 40-acre Isabella Park Tract ) f Map Source: NCOneMap Orthoimagery Northwest, Brunswick County, NC. 2007 Wetlands digitized from wetland 9/25/2015 015-055.01 -4� S 7ci� delineation survey by Spangler Environmental March 01, 2021 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2021-SLI-0767 Event Code: 04EN2000-2021-E-01668 Project Name: Isabella Park Subject:List of threatened and endangered species that may occur in your proposed project location 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 03/01/2021 Event Code: 04EN2000-2021-E-01668   2    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/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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. 03/01/2021 Event Code: 04EN2000-2021-E-01668   3    ▪ Attachment(s): Official Species List 03/01/2021 Event Code: 04EN2000-2021-E-01668   1    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 03/01/2021 Event Code: 04EN2000-2021-E-01668   2    Project Summary Consultation Code:04EN2000-2021-SLI-0767 Event Code:04EN2000-2021-E-01668 Project Name:Isabella Park Project Type:DEVELOPMENT Project Description:High density, 178 lot, single family subdivision to be started this year. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@34.28570315,-78.12980954628293,14z Counties:Brunswick County, North Carolina 03/01/2021 Event Code: 04EN2000-2021-E-01668   3    1. 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 Fisheries , 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 NAME STATUS West Indian Manatee Trichechus manatus There is final critical habitat for this species. The location of the critical habitat is not available. 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 Threatened 1 03/01/2021 Event Code: 04EN2000-2021-E-01668   4    Birds NAME STATUS Piping Plover Charadrius melodus 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. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6039 Threatened Red Knot Calidris canutus rufa No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 Threatened Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8477 Threatened Reptiles NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened 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://ecos.fws.gov/ecp/species/5523 Endangered Leatherback Sea Turtle Dermochelys coriacea There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/1493 Endangered Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened 03/01/2021 Event Code: 04EN2000-2021-E-01668   5    Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6216 Candidate Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Endangered Rough-leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Endangered Seabeach Amaranth Amaranthus pumilus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8549 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. HPOWEB 2.0 GeneralAudience 41* I 40 44 J� or I M-61 40 HPO Data Layers x . f*F ol. .Ji k " K7 7 'id t atIlk Awl Lw jjr Aw, FI66cI Ha.3 �y �Yy y � 's � is ' } S �.1 DWR Pre-Fil ing Meeting Req u est Form Contact Name * Contact Email Addre ss * Proje ct Owne r * Proje ct Name * Proje ct County * Owne r Addre ss:* Is this a transportation proje ct?* Type (s) of approv al sought from the DWR: Doe s this proje ct hav e an e xisting proje ct ID#?* Do you know the name of the staff me mbe r you would like to re que st a me e ting with? Ple ase giv e a brie f proje ct de scription be low.* Please give a couple of dates you are available for a meeting. David Syster david.syster@segi.us 7H, LLC c/o Nathan Sanders Isabella Park Brunswick City Wilmington State / Province / Region NC Postal / Zip Code 28406 Country United States Street Address PO Box 3167 Address Line 2 Yes No 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Yes No Robb Mairs The applicant is proposing to develop a 169 lot subdivision on approximately 40 acres in eastern Brunswick County. In order to accomplish this approximately 0.49 acres of wetland impacts are proposed. I've listed a number of days in 2020 to meet but will make myself available as necessary. Please propose which dates you are available as well. Many Thanks, David Ple ase attach the docume ntation you would like to hav e the me e ting about. Signature * Submittal Date 12/21/2020 12/22/2020 12/28/2020 12/29/2020 20087 MASTER 3-C1 12-16-2020.pdf 402.8KB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: · This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. · I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing meeting request. · I also understand that DWR is not required to respond or grant the meeting request. Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an application. 12/18/2020