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HomeMy WebLinkAbout20211229 Ver 1_ePCN Application_20210813DWR Dlrlslon 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 20211229 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Holley Snider:eads\hasnider Information for Initial Review la. Name of project: COURTESY COPY 7000 Myrtle Grove Rd 1a. Who is the Primary Contact?* David Syster 1b. Primary Contact Email:* david.syster@segi.us Date Submitted 8/13/2021 Nearest Body of Water AIWW - Masonboro Sound ORW Area Basin White Oak Water Classification SA; ORW Site Coordinates Latitude: Longitude: 34.10416 77.88682 A. Processing Information County (or Counties) where the project is located: New Hanover 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)452-2711 Is this a courtesy copy notification?* IT Yes r No 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 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: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 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 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 11. 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? W Owner r 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: Marko Homes LLC 2b. Deed book and page no.: Book 663 pg 711 2c.Contact Person: Mark Stogner 2d.Address Street Address 1325 Grove Point Rd Address Line 2 city Wilmington Postal / Zip Code 28409 2e. Telephone Number: (910)279-6499 2g. Email Address:* markohorriesllc@gmial.com 4. Agent/Consultant (if applicable) 4a. Name: David Syster 4b. Business Name: Southern Environmental Group, Inc. 4c.Address Street Address 5315 South College Rd Address Line 2 Suite E City Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)452-2711 4f. Email Address:* david.syster@segi.us State / Rovince / Ifgion NC Country USA 2f. Fax Number: State / Rmince / Ffgion NC Country USA 4e. Fax Number: C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Wilmington 2. Project Identification 2a. Property Identification Number: 2b. Property size: R07900-006-002-000 1.82 2c. Project Address Street Address 7000 Myrtle Grove Rd Address Line 2 (Sty State/ Province/ Fbgion Wilmington NC Postal / Zip Code Country 28409 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* AIWW - Masonboro Sound ORW Area 3b. Water Resources Classification of nearest receiving water:* SA; ORW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020501 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:* The property is currently one large lot with an older single family residence. The surrounding land use is primarily single family homes. 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: 0.015 4g. List the total estimated linear feet of all existing streams on the property: None 4h. Explain the purpose of the proposed project:* The purpose of this project is to facilitate development of this lot into 3 single family lots. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* In order to divide the single lot into 3 lots and construct 3 single family homes it will be necessary to pipe tributary 1 and fill Excluded Water 1. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r 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-2021-01084 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: David Scibetta Southern Environmental Group, Inc. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Corps site visit was conducted by Brad Shaver on 5/20/2021 and the final determination issued 5/28/2021 6. Future Project Plans 6a. Is this a phased project?* r Yes f• 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? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): V Wetlands r Streams -tributaries R Open Waters r Pond Construction 2. Wetland Impacts F Buffers !a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* xclu 1 House Pad P Isolated Wetlands Excluded W 1 Yes DWR 0.050 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.050 2g. Total Wetland Impact 0.050 21. Comments: 4. Open Water Impacts $a. Site # 4af. Impact Reason 4b. Impact type 4c. Name of wat,rbody 4d. Activity type 4e. Wate rbody type 4f. Impact area Tributary 1 House Pad P Tributary 1 Fill Tributary 0.01 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.01 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.01 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The Applicant has sited the building pads and lot elevations in order to avoid impacting a ditch downstream of Tributary 1 along the back property line. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The Applicant will utilize best management practices during all phased of construction to avoid and minimize secondary impacts to downstream waters. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project involves impacts to man altered ditches of less than 0.10 acres and excluded wetlands of less than 0.10 acres- 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: Site is within Cape Fear River Basin 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 Comments: G. Supplementary Information 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) 6 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. Al site work will be done in accordance with epsting State soil and erosion regulations. BMP will be implemented throughout the project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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. Municipal Sewer will be utilized. 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 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? The NC Natural Heritage Program Website 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?* NOAA EFH Mapper 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?* SHPO HPOWEB GIS 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?* FEMA Floodplain Maps Miscellaneous 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. dick the upload button or drag and drop files here to attach docunwA 7000 Myrtle Grove Rd PCN Summary Informtion.pdf File crust be FOF a K,& 12.34MB Comments Signature ® 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: David A. Syster Signature a�lil�lG(yf ¢b Date 8/13/2021 7000 Myrtle Grove Rd NWP Supplemental Information 1.) Location Map 2.) Agent Authorization 3.) Wetland JD 4.) DWR Stream Determination 5.) Impact Map 6.) Soils Map 7.) USGS Quad Sheet 8.) Endangered Species Information 9.) State Historic Preservation Office Information 7000 Myrtle Grove Rd Site Location Jets �a a Shan Cnriste a 6 Elgin Srrppf 2 P 'rS Drive e7 AnWteside Or" Irt��s Manassas Dr'vp .••56G (r COj'tg/e ,D" .t- ode Cow �W a a a °� --- n _7*f 40, i t �g rHf✓rQ., �'°�rfe `:. T ¢rKyor'1*nDx RDA �, B`•all Rlvage bt`R Dales Drr`re veryt v - "Jac, Road `- - - -- - - - -- - 1 L1ong trait - - - - - - - - ving;e;e Drive z m i ---- — - -- - _-_----. _-__ _ _-_-_--- I � )-ity_- Y o -- _-- �- of 4 - - _� Golden Road --�'----- -- -- -_. rivp - _ _ =____ 7 # o - -_-- _ -- - ---- ------ --: Bradbury Cnurr � Lace'M7°d C„ -_- C'+ove P[wp� PateynQ RO� Pilots Ridge Roan - - 9/2 a -- Beach Airport' � a� frna �Y Road - sa,meastHM _ -_----_-_ - __ -.__--_- _ Sand Bar lane - - - - - - -- - - - -- q HedthtYH Road Vli'teran'S C I S - WJliams Road Park q e` 0 tAynlp I.a,� -- - o- o Say. Bay Drive I • I - _ -_ - ----_- = _-_ - _ _ __ _ -_- _- - p Sunrise Lane II q of At, Bunthr0l`Orrce � t - --=_ c 0p^arnwt Orhe tohns Creek Road- i; c Ba%turf Summer Hidearmy •� rot _- -_ - Egret Point Road Egret Pent Road -_ p Seaview Road West Sedview Road East- ..._-_-_ __-__ A __ _ -___ �•oola Drive rrdalwatk Driyp __ 1, Cher Chi mney Lane -- -: - --- --- — - - -- - — _ _ - _ ___-_ - -_ _ 'brave }•f�j - - __._-_ __ y rtle GrD- ,e _Hill Valley Walk Property Line 0 375 750 1,500 2,250 3,000 Feet 1 inch = 1.500 feet Map Source: ESRI Street Maps Vicinity Map 7000 Myrtle Grove Road Wilmington, New Hanover Co., N.C. 5/ 12/ 2021 020-037.01 N W E SF.Gi S 7000 Myrtle Grove Rd Agent Authorization 5EGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: ' LOT NO. PLAN NO. PARCEL I.D. R07900-006-002-000 STREET ADDRESS: 7000 Myrtle Grove Road Property Owner (please print): Marko Homes LLC c/o Mark Stogner The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGO to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): 1325 Grove Point Rd Wilmington, NC 28409 markohomesllc(-ia gmail.com Telephone: 910-279-6499 We hereby certify the above information submitted in this application is true and accurate to the best of our Mknowle - / Property Owner Authorized Signature SEGi Authorized Signature Print Name s /Z Date David Scibetta Print Name 5/12/2021 Date 7000 Myrtle Grove Rd Wetland JD SAW-2021-01084 Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01084 County: New Hanover U.S.G.S. Quad: NC- Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Marko Homes LLC Mark Stogner Address: 1325 Grove Point Rd. Wilmington, NC 28409 E-mail: markohomesHO&t mail.com Size (acres) 1.82 Nearest Town Wilmington Nearest Waterway AIWW River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.10416 Longitude:-77.88682 Location description: The project area is located at 7000 Mvrtle Grove Road south of Monkey Junction and north of Carolina Beach with drainage toward the ICWW. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters on the above described project area/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). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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 appear to be waters on the above described project area/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 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 over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/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 project area/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. ® There are waterson the above described project area/property 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. ❑ We recommend you have the waters on your project area/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. SAW-2021-01084 ❑X The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/27/2021. 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 waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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/property 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. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 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 Brad Shaver at 910-251-4611 or brad.e.shaver(&usace.armv.mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 5/28/2021. D. Remarks: The site was field verified on 5/20/2021 and non -jurisdictional features were identified on the property. 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: Philip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 SAW-2021-01084 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 07/26/2021. **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: Date of JD: 5/28/2021 Expiration Date of JD: 05/26/2026 Digitally signed by Brad Shaver Date: 2021.05.28 08:59:36 -04'00' 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished(electronic): SEGI attn: David Scibetta 0 12.5 25 50 75 100 Field Sketch of Wetlands Feet 7000 Myrtle Grove Road 1 inch = 60 feet y W E Wilmington, New Hanover Co., N.C. 5/ 27/ 2021 020-037.01 5r_Gi Map Source: 2019 NCOne Maps Orthoimagery S NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Marko Homes LLC, Mark Sto ner File Number: SAW-2021-01084 Date: 5/28/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C ❑X 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 or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& 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. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 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. Philip Shannin, Administrative Appeal Review Officer Attn: Brad Shaver CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 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 opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 5/28/2021 ORM Number: SAW-2021-01084 Associated JDs: N/A Review Area Location': State/Territory: City: Wilmington County/Parish/Borough: Hanover Center Coordinates of Review Area: Latitude "'A .1"^^-' Longitude-77.88682 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: describe rationale. There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section 11.13). There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 a 1 Name a 1 Size a 1 Criteria Rationale fora 1 Determination IV/MI. Tributaries a 2 waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination Tributary 182 linear (a)(2) Intermittent The feature possesses an ordinary high water mark feet tributary and sits in a topographic low. contributes surface water flow direct) or ' Map(s)/figure(s) are attached to the AJD provided to the requester. ' If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Tributaries ((a)(2) waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination indirectly to an (a)(1) water in a typical year. Lakes and ponds, and impoundments of jurisdictional waters a 3 waters): a 3 Name a 3 Size a 3 Criteria Rationale fora 3 Determination - N/A. I N/A. N,. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination N/, D. Excluded Waters or Features Excluded waters b)(1) — b 12 :4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Wetland 0.015 acre(s) (b)(1) Non- The wetland feature does not extend to a adjacent wetland. surface water feature and has been affected by drainage. III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. Information submitted by, or on behalf of, the applicant/consultant: SEGI This information is sufficient for purposes of this AJD. Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). ❑ Data sheets prepared by the Corps: ; itle(s) and/or date(s). ❑ Photographs: Select. Title(s) and/or date(s). ❑x Corps site visit(s) conducted on: 5/20/2021 ❑ Previous Jurisdictional Determinations (AJDs or PJDs): -)RM Number(s) and date(s). ❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. ❑x USDA NRCS Soil Survey: NC One Map ❑ USFWS NWI maps: -itle(s) and/or date(s). ❑x USGS topographic maps: USGS topoView Other data sources used to aid in this determination: Data Source select Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. ' Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub- categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) ® NAVIGABLE WATERS PROTECTION RULE Data Source (select) Name and/or date and other relevant information USACE Source. N/A. State/Local/Tribal Sources N/A. Other Sources Lidar QL2 B. Typical year assessment(s): I/A C. Additional comments to support AJD: Page 2 of 2 Form Version 10 June 2020 updated 7000 Myrtle Grove Rd Stream Determination DocuSign Envelope ID: 978F830E-A60E-4093-A5FA-07DCCC10BC49 ROY COOPER TR Governor ST % ELIZABETH BISER a Secretary S. DANIEL SMITH Director NORTH CAROLINA EpOrAnmenfof Quarrty August 9, 2021 David Scibetta Southern Environmental Group, Inc. 5315 South College Road, suite E Wilmington, NC 28412 County: New Hanover Stream Determination Property: Parcel ID 4R07900-006-002-000 Feature(s): Feature highlighted in blue on attached map labeled "Ditch" was determined to not be a stream. However, this feature does become a stream directly to the east of Myrtle Grove Road. Dates of Determination: December 16, 2019 This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of the date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. This determination is final and binding unless as detailed above, you ask for a hearing or appeal within sixty (60) days. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. Sincerely, DocuSigned by: C (,6bVM 8237FC6EDFCC4A3... Chad Coburn Environmental Specialist II Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WiRO/LF ORA • wA- co A vm IF ..... . . . . . rr:jl SE Harbor Dr 7000 Myrtle Grove Rd Impact Map 464 ti M/dLd ooz "'16 - e0N � as � } VCL w 1 � �t wt '"o M� .•� t w 7t �� V CO N yI o NI xm 1 � I1 N 00 * !1 r o w� e � q/w o CQ m t � � �1, N _ 1i w 1 v, a 1 U v� �NOa32131N �I 1 �m zN c0: movei2s 3GI3 ,0! !�w„ml WO [ll col y q � r 01, n '� �m1 � ! N V ml a1 i 0 10 ti w'w x Wr! O J cNa U� N• zc tom Tr`2 Q Io�o U` Oo '' a@.o Q a U ��WNp wmo �p. / w O MN �a J � Z — Q i7 1 Do O� w oa ryNd o� ao i Wn 3q1t r r �m 1 � 1 4 r W .1 y c cm 4 d c 0 U aw i 1 m m tOD - 1� l 1 1 m di 1 �a� (0 V N , O z ' c0 = ` '4 Z � U M n n N W LLI CL a 0 N Q� LO O Y Y O O O W m m OO CL w 7 w 0 7000 Myrtle Grove Rd Soils Map 0 15 30 60 90 120 Soils Map Feet 7000 Myrtle Grove Road 1 inch = 60 feet y w E Map Source: 2019 NCOneMaps OrthoimWilmington, New Hanover Co., N.C. agery, G, Soil Survey of New Hanover 5/ 12/ 2021 020-037.01 S 7000 Myrtle Grove Rd USGS Quad Sheet � 1 N CE OLDS %-RDR. - ! - - t PA 1 , -- - l BERRY RD. -44 eman Cem Property Line 0 125 250 500 750 1,000 USGS Topo Map " Feet 7000 Myrtle Grove Road 1 inch = 500 feet y w E Map Source: USGS TopoView Service, Wilmington, New Hanover Co., N.C. 2019 Carolina Beach panel, 7.5' quad, 1:24k scale 5/12/2021 020-037.01 S�.C�' S 7000 Myrtle Grove Rd Endangered Species Information 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-1575 Event Code: 04EN2000-2021-E-03449 Project Name: 7000 Myrtle Grove Road July 21, 2021 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 07/21/2021 Event Code: 04EN2000-2021-E-03449 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/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/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 atjohn—ellis@fws.gov. 07/21/2021 Event Code: 04EN2000-2021-E-03449 Attachment(s): • Official Species List 07/21/2021 Event Code: 04EN2000-2021-E-03449 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 07/21/2021 Event Code: 04EN2000-2021-E-03449 Project Summary Consultation Code: 04EN2000-2021-SLI-1575 Event Code: 04EN2000-2021-E-03449 Project Name: 7000 Myrtle Grove Road Project Type: DEVELOPMENT Project Description: Development Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)34.10416615,-77!88685113151095,14z Counties: New Hanover County, North Carolina 07/21/2021 Event Code: 04EN2000-2021-E-03449 3 Endangered Species Act Species There is a total of 16 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 Fisheriesi, 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. 1. 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 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 West Indian Manatee Trichechus manatus Threatened 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:Hecos.fws.gov/ecp/species/4469 07/21/2021 Event Code: 04EN2000-2021-E-03449 4 Birds NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened 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:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened 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:Hecos.fws.gov/ecp/species/1110 07/21/2021 Event Code: 04EN2000-2021-E-03449 5 Snails NAME STATUS Magnificent Ramshorn Planorbella magni fica Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6216 Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Golden Sedge Carex lutea Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6025 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8549 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 7000 Myrtle Grove Rd State Historic Preservation Office Information 7000 Myrtle Grove Road NCHPO nt Rd d 3 rt NEW HAN VER x f i� 9 7/21/2021, 4:22:57 PM 1:4,514 0 0.03 0.06 0.12 mi Local districts & boundaries Surveyed in NRHD Local individual resources & centerpoints Surveyed Only, Gone 0 0.05 0.1 0.2 km Local Landmark Surveyed in NRHD, Gone Local Landmark, Gone Block -face- Multiple properties Local HD Center Point Blockface in NRHD New Hanover County, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA USGS Surveyed Only individual resources & centerpoints Surveyed Area, No designation Surveyed Only Surveyed Area in NHRD North Carolina State Historic Preservation Office New Hanover County, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA USGS