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HomeMy WebLinkAbout20210781 Ver 1_ePCN Application_20210508DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 4, 2021 Ver 4 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* CYes r No Change only 1 needed. BIMS # Assigned* Version#* 20210781 1 Is a payment required for this project?* 6 No payment required ✓ Fee received ✓ Fee needed - send electronic notification Select Project Reviewer* Rick Trone:eads\rvtrone Information for Initial Review la. Name of project: COURTESY COPY Bright Leaf la. Who is the Primary Contact?* Kevin Martin lb. Primary Contact Email:* kmartin@sandec.com Date Submitted 5/8/2021 Nearest Body of Water Bloomery Swamp Basin Neuse Water Classification WS-IV;NSW Site Coordinates Latitude: 35.727861 A. Processing Information Reviewing Office * Central Office - (919) 707-9000 lc. Primary Contact Phone:* (919)270-7941 Longitude: -77.960896 County (or Counties) where the project is located: Wilson Is this a NCDMS Project ✓ Yes 0. No Is this project a public transportation project?* ✓ Yes G No Pre -Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes f• No ID# Pre -fling Meeting or Request Date Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach docurrent Rle type Rust be FCF la. Type(s) of approval sought from the Corps: 17 Section 404 Permit (wetlands, streams and waters, Clean Water Act) I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes 6 No 1b. What type(s) of permit(s) do you wish to seek authorization? 17 Nationwide Permit (NWP) r Regional General Permit (RGP) n Standard (IP) lc. Has the NWP or GP number been verified by the Corps? c Yes r No Version Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: I7 401 Water Quality Certification - Regular n Non-404 Jurisdictional General Permit n Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: lf. Is this an after -the -fact permit application?* ✓ Yes GNo n 401 Water Quality Certification - Express n Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes 0' No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? ✓ Yes ( No 1j. Is the project located in a designated trout watershed? ✓ Yes G No B. Applicant Information Id. Who is applying for the permit? I7 Owner 17 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 6 Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Montecristo No. 70, LLC 2b. Deed book and page no.: DB: 2753 DP: 650 R Yes r No r Yes s No 2c. Contact Person: Rex Vick Jr. 2d. Address Street Address 3434 Kildaire Farm Road, Suite 135 Address Line 2 City State / Province / Region Cary NC Postal / ZZp Code Country 27518 USA 2e. Telephone Number: 2f. Fax Number: (919)872-0048 2g. Email Address:* rvick@win djamdevelo p me nt. com 3. Applicant Information (if different from owner) 3a. Name: Rex Vick Jr. 3b. Business Name: Montecristo No. 70, LLC 3c. Address Street Address 3434 Kildaire Farm Road, Suite 135 Address Line 2 Cty State / Province / Region Cary NC Postal / TZp Code Country 27518 Wake 3d. Telephone Number: 3e. Fax Number: (919)872-0048 3f. Email Address:* rvick@windjamdevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Kevin Martin 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address Line 2 C1tY Raleigh Postal / Zip Cade 27615 4d. Telephone Number: (919)270-7941 4f. Email Address:* kmartin@sandec.com Agent Authorization Letter* Agent Authorization Property Owner Certification SEC March 2014 - Westhaven - Signed.pdf State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 65.33KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Bright Leaf lc. Nearest municipality/ town: Wilson 2. Project Identification 2a. Property Identification Number: 3702-81-9733 & 3702-71-5246 2c. Project Address Street Address NC 42 Highway W (End of Heritage Drive) Address Line 2 2b. Property size: +/- 27.26 atY State / Bovine/ Region Wilson NC Fbstal / ZZp Code Country 27893 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Bloomery Swamp 3b. Water Resources Classification of nearest receiving water:* WS-IV;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202030402 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Existing conditions onsite consists primarily of agricultural land and fields along with some cutover forested land. Specifically, there are two (2) wetland features (W1 & W2) that stretch from the center to the southern portion of the property. General land use in the vicinity of the project consists of residential neighborhoods to the north and west with forested land to the south and east. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes t 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) USGS.pdf 1015.03KB 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) Soil Survey.pdf 303.44KB 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 1.225 acres 4g. List the total estimated linear feet of all existing streams on the property: 0 LF 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a single-family residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project consists of the construction of a single-family residential development including but not limited to, roadway infrastructure, residential lots, utilities, and SCM's. Specifically, there are four (4) wetland impacts associated with lot fill/grading. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. The proposed homes will be built will be on concrete slab on grade so we cannot grade too steep going to the back. 4j. Please upload project drawings for the proposed project. Bright Leaf Wetland Impact 4-14-2021.pdf 1.12MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ( Yes Comments: r No r Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 6' Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW-2020-01324 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Kevin Martin Soil & Environmental Consultants, PA 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE: Field visit and concurrence made on July 29, 2020 by Samantha Dailey. NCDWR: Site visit and field determination made by Stephanie Goss on December 30,2019 (NBRRO #19-433). 5d1. Jurisdictional determination upload Corps email on JD concurrence.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 51.53KB 6b. If yes, explain. This project will be broken out into two (2) phases. Phase 1 will consists of construction along the western portion of the property while Phase 2 will be for construction on the eastern side. 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): I7 Wetlands I— Open Waters 2. Wetland Impacts r Streams -tributaries r Pond Construction ❑ Buffers 2a.Site #*(?) 2a1 Reason (?) 2b. Impact type* (?) 2c.Type ofW.* 2d.W.name* 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* Impact 1 Lot fill/grading P Headwater Forest W1 Yes Both 0.002 (acres) Impact 2 Lot fill/grading P Headwater Forest W1 Yes Both 0.033 (acres) Impact 3 Lot fill/grading P Headwater Forest W2 Yes Both 0.014 (acres) Impact 4 Lot fill/grading P Headwater Forest W2 Yes Both 0.016 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.065 2i. Comments: The wetland areas have been recently cutover and no trees are present E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.065 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Impacts 1-4 are proposed permanent wetland impacts for lot fill/grading. Based on the location of the impacting lots and the topography, grading too steep for lots would result in higher wetland impact based on the distance from the houses to the wetlands. The previous site plan was revised resulting in a "loss" of lots in order to minimize impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing, rock check dams on temporary diversions, skimmer basins, and plunge pool/scour holes will all be utilized to avoid and/or minimized proposed impacts through construction techniques. 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? ✓ Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: There are no proposed stream impacts onsite and permanent wetland impacts are less than 0.10 of an acre. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ✓ Yes r No If no, explain why: There are no identified buffered streams witin teh project boundaries in in close proximity. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ 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? ✓ Yes r No ✓ N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: I7 Local Government r State Local Government Stormwater Programs r Phase II fJ NSW r USMP fJ Water Supply Please identify which local government stormwater program you are using. City of Wilson Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* ✓ 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)?* ✓ Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes r No 3b. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Bright Leaf project is a residential development. Additionally, the project is located within the town of Wilson ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Non -discharge wastewater will be generated and use a gravity sewer line to tie into the existing sewer system before being treated at Wiggins Mill WWTP which has a capacity of 14 MGD. 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?* ✓ Yes f No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes 6 No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes r' No r No a Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes f• No 5g. Does this project involve bridge maintenance or removal? ✓ Yes (7 No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes f• No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and within 1-mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2021. Geographic Information System (GIS) data. NCDNCR, Raleigh, NC. Available at http://www.ncnhp.org/. (Accessed: April 21, 2021). Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes f No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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 f No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on April 16, 2021, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes ( No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. Miscellaneous Comments Miscellaneous attachments not previously requested. Signature R 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 knowledge 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: Kevin C. Martin Signature Date 5/8/2021 Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec,com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Westhaven S&EC Project # 14060 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Samantha Dailey Field Office: Raleigh I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 3702-81-9733 Site Address: NC 42 HWY W (35.728461, -77.962002) City, County, State: Wilson, Wilson County. NC PROPERTY OWNER INFORMATION (mailing. address, email and phone) Mailing Address: 5608 Bloomery Rd., Wilson, NC 27896 Email: tabacc@yahoo.com Phone: Universal Forest & Land Inc. (Robbie Brown) 7/29/2020 Propert .racier e (please print) Date Zs2-Z 3,0- a-3yY Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Project Number: 14 .W1 Project Manager: KM Scale: 1" = 1000' Date: 11/6/2019 Map Title: Figure 1 -USGS Map Westhaven Wilson County, NC Source: 2019 USGS Wilson, NC Quadrangle E5 TV '-h1AQfSON 9 DELWOOD D ROVER ST ti p 0 1,000 2,000 1 I I I 1 1 1 1 1 Feet 5& EC Soil & Environmental Consultants, PA 2412 Falk of Nem. Rw.L Xune 10.1. Rakigh NC 17615. Placer: (919) 3465900. Fea:191911F16.9467 Project Number: 14 .W1 Project Manager: KM Scale: 1"=500' Date: 11/6/2019 Map Title: Figure 2 - Soil Survey Map Westhaven Wilson County, NC Source: Wilson County Soil Survey Sheet 5 0 500 1,000 1 I I I 1 1 1 1 1 Feet Soil & Environmental Consultants, PA 4I21alk ofNcLa. Ru&L Run. 104. Raleigh. NC 21613• Ylx :(9191 •9900 • Fax:(9 L9)19)6)946: EX. MH #12 TOP 136.90 INV. OUT 116.21 EX. MH #9 TOP 133.74 INV IN 115.49 INV OUT 115.29 EX. MH #8 TOP 131.96 INV IN 114.16 INV OUT 114.0 N/F SHARON MERCER-BOYD DB 2674 PG 1 PB 37 PG 129 N/F SUMIKO MARCHELLE DAVIS DB 2524 PG 307 PB 34 PG 249 DB 2202 PG 91 PB 34 PG 249 82 N/F SAMUEL J. DANIELS \ CYNTHIA L. DANIELS PB 34 PG 249 \ DB 2441 PG 94 \ 1 N/F AARON T. LISTER SEBRENNA D. LISTER 86 DB 2345 PG 219 PB 34 PG 249 25'X10' BORE PIT N/F • SHARON IMERCER-BOYD DB 2833 PG 114 PB 37 PG 129 I \ • • 2 I 2 N/F / CAPITOL CITY f HOMES LLC DB 2841 PG 458 PB 34 PG 249 • EX. MH TOP 131.76 INV IN 111.58 SHV_112.26 N/F GARY N. BRYANT DIANE B. BRYANT DB 2397 PG 396 PB 34 PG 249 cr O inn 88 N/F CHRISTOPHER A. BRICK TONI A. BRICK DB 1914 PG 461 PB 31 PG 104 85 I 34 I I 3 I N .g 1.i< iiY SMITH DB 2015-CDTH PB 37 PG 129 N/F JEFFREY P. BENTON AMANDA 0. BENTON DB 2479 PG 611 PB 31 PG 104 N/F ROBERT A. BAILEY CYNTHIA A. BAILEY DB 2294 PG 970 PB 31 PG 104 33 i I\I 4 I I I I I F II RD J. CLARK III • DB 2440 PG 199 I PB 37 PG 129 5 N/F KRISTEN S. . FLOWE DB 2429 PG 968 PB 37 PG 129 N/F DAVID R. BROWN SYLVIA BROWN DB 2477 PG 41 PB 37 PG 129 EX. FD #2735 / ,///� // `\ \ \ - ' )1 vvv��� , v 8 \\\y, ' / \ EX. MH TOP 141.44 ' EX. INV 133.48 \ \\ N \ \ \\ 9 \ ,i 7 N/F NORMAN L. HOLTON IV BRENDA HOLTON • DB 2684 PG 710 PB 37 PG 129 0'le** ■Atilt PRELIMINARY PLAN NOT FOR RECORDATION, SALES OR CONVEYANCES N F 10 KEVIN BURNETTE JESSICA BURNETTE DB 2770 PG 311 1 PB 37 PG 129 10'x10' SIGN EASEMENT W/MONUMENT SIGN 10'x10' SIGN EASEMENT W/MONUMENT SIGN ROAD STUB TO ADJOINING PROPERTY AS REQUIRED BY THE CITY OF WILSON N/F GEORGE P. CARR DB 2462 PG 228 N/F THURMAN B. BOYETTE (HEIRS) NO DEED REFERENCE J MH#15 ROAD STUB TO ADJOINING PROPERTY AS REQUIRED BY THE CITY OF WILSON WETLAND IMPACT (PERMANENT) WETLAND IMPACT TEMPORARY PERMANENT TOTAL 0 AC 0.065 AC ROAD STUB TO ADJOINING PROPERTY AS REQUIRED BY THE CITY OF WILSON N/F WESTHAVEN DEVELOPERS DB 2109 PG 567 N/F WESTHAVEN DEVELOPERS LLC DB 2319 PG 225 LLC 80 40 LOCATION MAP NO SCALE GRAPHIC SCALE 80 160 320 1:35PM EST (71 cd co co 0 cc BARTLETT ENGINEERING & SURVEYING, PC 1906 NASH STREET NORTH WILSON, N.C. 27893-1726 License No. C-1551 TELE: (252) 399-0704 FAX: (252) 399-0804 www.bartlett.us.com WETLAND IMPACT AREAS INSPIRED BY HISTORY BRIGHT LEAF DATE: MARCH 2021 SCALE(HORZ): 1" = 80' SCALE(VERT): NA PROJECT: 20-018 CLIENT CODE: M7OLLC FIELD BOOK: DRAWN BY: LR SURVEY BY: CITY OF WILSON WILSON COUNTY NORTH CAROLINA ZONE: SR6 REVISIONS: SHEET WL1 Kevin Martin From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Sent: Monday, October 26, 2020 3:12 PM To: Kevin Martin Subject: SAW-2020-01324 Westhaven JD Concurrence Reference is made to ORM ID SAW-2020-01324; please reference this number on any correspondence regarding this action. On July 29, 2020, we received information from you requesting the Wilmington District, Regulatory Division review and concur with the boundaries of an aquatic resource delineation. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map (or survey), labeled Sketch Map and dated 10/26/2020. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/p16021co119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. Best Regards, Sam Samantha Dailey Regulatory Project Manager U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 22 Samantha.i.dailev@usace.armv.mil 1 2