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
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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
ENGINEERJ O H N PHILLIP NORRISLicence #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
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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.
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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