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HomeMy WebLinkAbout20211152 Ver 1_ePCN Application_20210723DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20211152 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Flolley Snider:eads\hasnider Information for Initial Review la. Name of project: COURTESY COPY Seaside Palms 1a. Who is the Primary Contact?* Bryant Spencer 1b. Primary Contact Email:* bryantspencer@hufffamilyoffice.com Date Submitted 7/23/2021 Nearest Body of Water Saw Pit Swamp Basin Lumber Water Classification 15-25-2-2 Site Coordinates Latitude: Longitude: 33.937923-78.503888 A. Processing Information 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 Pre -Filing Meeting Information Version#* 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)308-0804 Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 6/21 /2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type rtust be FCF 1a. Type(s) of approval sought from the Corps: W 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 IT 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: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification 29 - Residential Developments 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: 49.95KB r 401 Water Quality Certification - Egress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes IT 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 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 IT 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? r Owner 9 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: ZIMMERLEE ERDEEN ETVIR ZIMMERLEE JAMES 2b. Deed book and page no.: Deed Book: 01615 Deed Page: 0788 r Yes r No r Yes r No 2c.Contact Person: 2d.Address Street Address 738 Bennett Rail SW Address tine 2 City Calabash Postal / Zip Code 28467 2e. Telephone Number: (111)111-1111 2g. Email Address:* noemail@noemail.com 3. Applicant Information (if different from owner) 3a. Name: Bryant Spencer 3b. Business Name: RHH Land Investors, LLC 3c.Address Street Address 2919 Breezgwood Ave, Ste 100 Address tine 2 city Fayetteville Postal / Zip Code 28303 3d. Telephone Number: (910)308-0804 3f. Email Address:* bryantspencer@hufflamilyoffice.com 4. Agent/Consultant (if applicable) State / Rovince / Region NC Country United Statese 2f. Fax Number: Slate / Rovince / Region North Carolina Country United States 3e. Fax Number: 4a. Name: Corey Singleton 4b. Business Name: The Brigman Company 4c.Address Street Address P.O. Box 1532 Address Line 2 (Sty State / Rovince / Region Conway' Sc Postal / Zip Code Country 29528 United Staes 4d. Telephone Number: 4e. Fax Number: (843)241-5461 4f. Email Address:* csingleton@thebrigmancompany.com C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (i appropriate) Seaside Palms 1c. Nearest municipality/town: Sunset Beach 2. Project Identification 2a. Property Identification Number: 105605080755 2c. Project Address Street Address Seaside Rd. SW Address Line 2 City Sunset Beach Rstal / Zip Code 28467 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Saw Pit Swamp 3b. Water Resources Classification of nearest receiving water:* 15-25-2-2 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080201 4. Project Description and History 2b. Property size: 31.82 State / Rovince / Region NC Country United States 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:* Fallow field and woods with campground to the South and houses to the North and East 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 4f. List the total estimated acreage of all existing wetlands on the property: 4.26 4g. List the total estimated linear feet of all existing streams on the property: None 4h. Explain the purpose of the proposed project:* In order to meet the viable economic needs of the newdevelopment, H&H Homes is proposing to construct a single road crossing over jurisdictional wetlands. The proposed road crossing fill will require impacts to 0.07 acres of jurisdictional wetlands. the project area is defined as 31.82 acres which includes 4.26 acres of jurisdictional wetlands. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* In order to meet the viable economic needs of the newdevelopment, H&H Homes is proposing to construct a single road crossing over jurisdictional wetlands. The proposed road crossing fill will require impacts to 0.07 acres of jurisdictional wetlands. the project area is defined as 31.82 acres which includes 4.26 acres of jurisdictional wetlands. The applicant has chosen to limit wetland impacts to only those unavoidable to meet the project purpose. Best Management Practices shall be employed during construction to minimize erosion and the migration of sediment off -site. These practices may include but not be limited to the use of mulches, geotextile fabric, silt fence, and other devices capable of preventing erosion and the migration of sediments off -site. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 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-2020-01740 5c. If Sa is yes, who delineated the jurisdictional areas? Name (if known): Joe Floyds Agency/Consultant Company: The Brigman Company Other: C Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR The letter was issued 2-17-21 and an onsite inspection was conducted 12-16-21 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 projector related activity? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers F Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name * 2e. Forested* �2f.Typeof 2g. Impact Jurisdicition*(?) area* road crossing P mland Hardwood Forest ff Saw Pit Swamp Yes Corps 0.070 (acres) 2 Lot Fill P fforniand Hardwood Forest Saw Pit Swamp Yes Corps 0.060 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.130 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.130 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant has chosen to limit wetland impacts to only those unavoidable to meet the project purpose. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices shall be employed during construction to minimize erosion and the migration of sediment off -site. These practices may include but not be limited to the use of mulches, geote:dile fabric, hay bales, silt fence, and other devices capable of preventing erosion and the migration of sediments off -site. 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): r 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 F Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Stone Farm 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.13 Credits 3c. Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) LU' 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: it is not on the river 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 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?* 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. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NA 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 5d. Is another Federal agency involved?* r Yes r No r Unknown Se. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees 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? USF&W 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?* NC WRC 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC DNCR 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?* Link that was provided Miscellaneous U Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. pick the upload button or drag and drop files here to attach document usgs seaside palms.pdf 2.79MB soils seaside palms.pdf 1.74MB SAW-2020-01740 AJD.pdf 7.41VIB permit-Layout1.pdf 637.35KB permit-Layout2.pdf 589.73KB permit-Layout3.pdf 432.08KB Re trust be FCF a KNE Comments 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 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: Corey Singleton Signature Date 7/23/2021 STONE FARM REGIONAL MITIGATION BANK CREDIT REQUEST ACCEPTANCE Date: 06/29/2021 BHH Land 2919 Breezewood Ave Suite 100 Fayetteville, NC 28303 Project Name: Seaside Palms Expiration of Acceptance: 12/29/2021 SFMB Number: Dear Bryant Spencer: Stone Farm Mitigation Bank, LLC 2618 New Village Way Wilmington, NC 28405 (910) 251-8543 DRAFT The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios that will be required for the corresponding wetland and/or stream impacts. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity. This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. It is the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of the permit(s), an invoice will be issued based on the information identified below. Payment must be made prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and amounts identified below are consistent with the compensatory mitigation requirements of the permit(s) issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation requirements. Based on the information supplied by the applicant, the impacts that may require compensatory mitigation are summarized in the following table: CLI Location I Stream (ft.) Impact 1 03040208 Credits No 13 .20 Wetlands (ac.) rian Riparian Note that the impact and credit totals above were provided by the applicant. It is the applicant's responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or its agents are not responsible for determining the required credit amounts. The Bank's decision to accept credits is based upon the information provided by the applicant. The Bank is not liable for any credit shortage should the applicant's required mitigation credits exceed the amount specified in the above table. Based upon the type and amounts of credits requested above, the following payment must be provided to the Bank prior to issuance of credits: Credit Type Unit Per Unit Credit Fee Sub -Total Stream 0 $558.81 $0.00 Nonriparian Wetland 0.2 $61,264.36 $12,252.87 Riparian Wetland 0 $61,264.36 $0.00 Total Payment Due $12,252.87 Non-refundable Deposit $1,225.29 Balance Due U on Invoice $11,027.58 Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and should the applicant want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit request form to the Bank. If you have any questions or need additional information, please contact Jordan Cline at 910-251-8543 or jordan@dwenterprises.net Sincerely, 1 Cjo:a Cline Stone Farm Mitigation Bank, LLC cc: NCDWQ-Raleigh USACE NCDWQ-Local Agent ID \ ` / / / , / 2 / t 3 \ / g ` e LLJ ` \ « 9 - \LE ce \/ } , . §/ / ° 7§ \ z = ƒ •\ a : 2 9 \ \ . , .% 0 ° . \ a , iz } r m / . \ ++. . ; § \ mo E - / , 3 \ / ) $ � ƒ \ \ \ � } \ & \° ...... \ , a — = a \ \ / ® [ \ ) g $ \§' ■ O \ / \ < } , IDLn B § \ 7 { ` z g \ \ _ / j ` ` �- » \ \ z\ § {e \ §< k2 \ / \ / \ » m / / \ } �� 2k E 4 c �\ \ ' -- / �\ § 2 w o [ \ \ » k LO < < < 04 04 ? \ \ \ q \ $ $ / - Cl)04 � � toto L/gyLO 2 = % \/ + LU m + + + q 5 c / 7 ( \ + + + z = ° + + •� \'o [ƒ - + ^ 2 00 m >°> � LO + + \ m d + % / L.L. < m2e \ ® Q. q \ / CD LO � o LO � + + ~ + + + / + + + C*4 + + + n § + + + + Cl) 2 { } + + + + Cl) + + + G ) + + + n + + m \ + + } + + + q o ƒ + n '\ 3 } E £ z 3 + + + + + $ / \ 0 \ Cl) > / ® [ x } g \ (D CC) ) 0 5 z > z U E < m + + + + + + + + + + § + + + + + + + + + + Q- \ + + + + + + + + + + \ . �{ + + + + + + & : < z 2 \ \ • \ 2 \ q ° < ) ® +°+ _\ \\ %mmoo + + + + A M 2 (D f } + + + + + E / �\ \ + + + + § o = + + + ƒ 0\ \ +++ n\ 2 2 c CO �§ + + + 2 w o [ ID �2 Z (D N m i H W ui O C O U- � O 4 O J � _T S W U � Q •N S . N O U C Cc)/ U O O O Q Q Q Z co /V V m m m z 0 x J o o o� oo -- II rN�X- I Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* Corey Singleton csingleton@thebrigmancompany.com Bryant Spencer Seaside Palms Brunswick Street Address 2919 Breezewood Ave, Ste 100 Address Line 2 aty Fayetteville Postal/ Zip axle 28303 C Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* c: Yes C No Please list all existing project ID's associated with this projects.* SAW-2020-01740 State / Province / Region North Carolina Country United States Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* The proposed Seaside Palms subdivision will be a single-family residential neighborhood located south of the Grissettown Intersection on Hwy 17, In the Town of Sunset Beach, NC (see vicinity map). Access for the proposed subdivision will be from Seaside Rd SW. The proposed development will provide additional housing in one of the fastest growing metro areas in the country, with convenient access to local schools and businesses of the greater Sunset Beach/Shallotte area 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 Icannot submit myapplication 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. Signature * Submittal Date 6/21/2021 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01740 County: Brunswick County U.S.G.S. Quad: Calabash NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: James Zimmerlee Address: Telephone Number: 738 Bennett Rail SW Calabash, NC, 28467 Size (acres) 31.82 acres Nearest Waterway Shallotte River USGS HUC 03040208 Nearest Town Sunset Beach, NC River Basin Lower Pee Dee Coordinates Latitude: 33.938105 Longitude:-78.503490 Location description: This undeveloped agriculture field is located on Seaside Road SW in Sunset Beach, Brunswick County, NC. (Parcel ID: 105605080755) Indicate Which of the Following Apply: A. Preliminary Determination _ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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_ There are waters of the U.S., including wetlands, on the above described proiect 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 SAW-2020-01740 _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. X The waters of the U.S., including wetlands, on your proiect 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 subiect to CWA iurisdiction 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 waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4694 or Ga rv.H.Beecher(&usace. army.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. D. Remarks: A site visit was conducted by Gary Beecher (USAGE) with Britt Feldner and Corey Singleton (The Brigman Company) on December 16, 2020. E. Attention USDA Program Participants 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 and/or jurisdictional determination 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. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) 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: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL 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 April 17, 2021. SAW-2020-01740 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitlly signed GARY H. BEECHER Datea202102.117h06:57: 9y GARY H0500'HER Corps Regulatory Official: Date: February 17, 2021 Expiration Date: February 17, 2026 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://cop2smilpu.usace.army.mil/cm_apex/f?p=136*0. Copy Furnished via e-mail to: Consultant: Joe Flovd The Brigman Comnanv PO Box 1532 Conway, SC, 28467 (843) 602-0192 iflovd( )thebrigmancomuany.com o� of 0 6 f°*w pOa�o N� 6y4 �dpipe, Bay y � 9 O =ondFnwr �. �B u�r more p Np" N� O rrbor or Sw ples'0' COW SaR(ip/pe o ar Egre/ C� � sw the BFk,GMAN COM P A N Y wetland consulting - forest management 607 Main Street - Conway, SC 29526 - Phone 843 248-9388 - ,_sw F a(m LooOQ O\d Sha\lode fyd NV`J c °pn Bay Ra Nly Ocean NwY W . Grissettown G r S W Ooe of ar 0 F t U, Project Site o¢ rn °SO6 n � C Darr rOor IvaY S`%i aR� w n Fido= n� non Golf � ou r r S S� S bS n Pa s� G°a O\A d a S\ Ch anne115W N Sources: Esri, HERE, De,Lorrne`"UwSGS, Intermap, INCREMENT,,R,,,NRCan, Esri Japan, METI, Esri,China (Hong Kong), Esri Korea,`Esri (Thailand), Mapmylndia, NGCC, ©-OpenStreetMap contributors, an,d3h'esGIS User Community the BR�GMAN COM P A N Y wetland consulting - forest management 607 Main Street - Conway, SC 29526 - Phone (843) 248-9388 - F2 N l Z e < E c a z 0- oz c a Ya 3a -=E - o s�Ks o 2 hoax a °o k do Y. is ` 3., + ow 1 t R � 1 saFnFr• Ir -I the BR�GMAN COM P A N Y wetland consulting - forest management 607 Main Street - Conway, SC 29526 - Phone (843) 248-9388 - 0 1: • Grissettown L F11 _ do '• 13• .. "�� • 1 • "Ssell • Project Site �1•. ` _ • r f• 1 JPL -40. _ ,•► l -40 t Amp- 4W- lop lop � f Aw — - -- Copyright:©�2013 klational Geographic Society, i-cubed the BR'',GMAN COM P A N Y wetland consulting - forest management 607 Main Street - Conway, SC 29526 - Phone 843 248-9388 -