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HomeMy WebLinkAbout20201374 Ver 1_JD Request Form_20210429Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 704, 706 S. 2nd St. City, State: Carolina Beach, NC County: New Hanover Co. Parcel Index Number(s) (PIN): R09010-022-006-000, R09010-022-015-000 B. REQUESTOR INFORMATION Name: David Scibetta Mailing Address: 5315 S College Road Suite E Telephone Number: Electronic Mail Address: Select one: o ❑ EI o Wilmington, NC 28412 910-452-2711 DScibetta@segi.us I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: Jason and Tamara Wade Mailing Address: 206 Greenville Ave. Telephone Number: Electronic Mail Address: Carolina Beach, NC 28428 919-451-0974 jasonrwade@yahoo.com 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3'4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. David Scibetta Print Name Capacity: ❑ Owner fl Authorized Agents 4/14/2020 Date �� Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. n I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. n A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. n Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization faun/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS n Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area 0.28 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS z Project Coordinates (Decimal Degrees): Latitude: N 34.02753 Longitude: W 77.89677 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 • North Arrow • Graphical Scale • Boundary of Review Area • Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. n Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request 0 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Forma Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf s Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro gram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6