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HomeMy WebLinkAbout20071159 Ver 1_401 Application_20070607pplied 12e5ource Management, f~C. June 28, 2007 ~ 7- ~ 1 5 9 NCDENR, Division of Water Quality 401 Wetlands Unit Attn: Ian McMillan 1650 Mail Service Center Raleigh, NC 27699-1650 RE: PCN Application -Isolated Fill Application 269 and 299 NC Highway 210E Surf City/Hampstead, Pender County, North Carolina Dear Ms. Steenhuis, Enclosed is one copy of the following documents for your review; Pre Construction Notification (PCN) ~®IU RTE~1~' ®~Y Figure 1A Site Vicinity Map Figure 1 B Isolated Wetland Location On USGS Topo Map - 269 & 299 NC Highway 210E Figure 2 Wetland Delineation For 269 & 299 NC Highway 210E Figure 3A Overall Site Plan 269 & 299 NC Highway 210E Figure 3B Expanded Site Plan 269 & 299 NC Highway 210E Figure 4 Pender County GIS Soils Map 269 & 299 NC Highway 210E USACE Notification Of Jurisdictional Determination No additional permits have been applied for at this time to provide to your office. A copy has also been sent to Joanne Steenhuis in the Wilmington Regional Office. If you need any additional information please do not hesitate to contact me at (910) 270-2919. Sincerely, Ellen F. Cornette, R.S. Project Geologist/V1/etland Specialist Enclosures ~~~~~~~ 1~ JUN 2 y 20Q7 C)EfVr~. - YlATEH C~U~;~.~TY ~71.A11p3 A.S~D S i ~?R~,~uATER BRlli~!CH cc: Mr. Mike Turco, w/out enclosures ~o. Box 882 Hampstead, NC 28~F43 910.270.2919 FAX 270.2988 Office Use Only: Form Version Ma}' 2002 p 7- 1 1 5 9 USACE Action ID No. DWQ No. (lr any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing ~~UR~~~~ ~io~~ 1. Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ® Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information Owner/Applicant Information Name: Ms. Nancy Alio Mailing Address: 269 Hwy. 210 East Hampstead, NC 28443 Telephone Number: Fax Number: NA E-mail Address: NA Ms. Sandra Ayers 421 Buds Road Hampstead, NC 28443 329-6941 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Ellen F. Cornette for Mike Turco (Purchaser) Company Affiliation: Applied Resource Management, P.C. Mailing Address: P.O. Box 882, Hampstead, NC 28443 Telephone Number:_ X910) 270-2919 Fax Number: (910)270-2988 E-mail Address: ellen arm(a~bellsouth.net P ~~ r ~ '~ ~~ ~~ `~j'-' ~' ~ i 2ilt~~ ~lVL~.9A74C71s~:, ,:;J,: L; i ..,~:'~':'.~~~ s,I2,9h1CFi Page 1 of 7 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project:_ 269 and 299 NC Hi~hway 210 East 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4225-18-3602-0000 & 4225-18-4389-0000 4. Location County: Pender Nearest Town:__ Surf City Subdivision name (include phase/lot number): Not Applicable Directions to site (include road numbers, landmarks, etc.): Hi~hway 17N from Wilmin tg on right on NC Hi~hway 210 East at Lowe's Home Improvements Center to ,property on left before power line Right Of Way As of 6/25/07 single wide mobile home on the site and yellow house on pilings. (Refer to Figures 1 A and 1 B) 5. Site coordinates, if available (UTM or Lat/Long): UTM 18 261001E 3815316N (NAD83/WGS84) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Coordinates obtained from Topozone.com 6. Property size (acres):_ 5.46 acres plus/minus (two parcels) 7. Nearest body of water (stream river/sound/ocean lake): Virginia Creek to the S and SW ~>5,000 feet), and unnamed pond to the SE ~2 028 ft and a large pond located in Virginia Creek Subdivision 3,583 feet to the SW that eventually drains into Virginia Creek 8. River Basin:_ Cape Fear River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at ~r/91~~_~nr_~_n~_u~%d/ /.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Each tract is currently developed with a residence The homes have a couple of auxiliary structures such as storage sheds dog kennels and other miscellaneous structures Page 2 of 7 10. Describe the overall project in detail, including the type of equipment to be used: The 4.6 acres are beingproposed as future commercial development. The future property owner is proposinP to remove the vegetation using ahydro-ax and for clearinP and installation of the fill material, a backhoe, grader and compacter will be utilized. The material placed in the depressional area will be done to accommodate future foundation and/or paving requirements. Additional equipment that may utilized in the development of the property consist of the following for site preparation: motor graders, excavators, rubber tired bulldozer and loader, vibrator and static rollers, pavers, and haulinP vehicles, bush hogs, 11. Explain the purpose of the proposed work: The proposed filling would occur in the Isolated Wetland that overlaps the two properties. The area consists of 0.297 acres and the area will be filled for site development. The future property owner would like to utilize this area as built upon area along the roadway. The cumulative impact of isolated wetlands will be 0.297 acres. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A copy of the USACOE Jurisdictional Determination Action Id: 2007 1781 071 is attached for you review. No additional permits have been applied for at this time. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no additional future impacts known at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The area will be backfilled with soil from off-site sources. See Figure 4 for impact area. Page 3 of 7 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma) (acres) (yes/no) (linear feet) Fill Area Fill 0.297 No >5,000 ft. Isolated t,~st each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local Floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httpahvww.fema.~. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.297 Isolated Total area of wetland impact proposed: 0.297 Isolated 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Im act* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? NA NA NA NA NA NA List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it Flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us_s.~n~. Several Internet sites also allow direct download and printing of USGS maps (e.g., u~vw.totxtzone.com ~vwu.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: NA 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number Type of * Area of Impact Name of Waterbody Type of Waterbody (lake pond estuary sound (indicate on ma) Impact (acres) (if applicable) , , , , ba ,ocean, etc.) NA NA NA NA NA t,ist eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw- down valve or spillway, etc.): Not applicable Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):Not applicable Size of watershed draining to pond: NA Expected pond surface area: NA Page 4 of 7 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httn-//h?o.enr_state.nc. us,Incwetlan~~/~trnlgi~i+e.htn~l. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is not proposed at this time. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at I~tpJ`~ '~~_enr_se_n~e_%a~-~/~;e~_l~~m. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 5 of 7 Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ^ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Im act (s ware feet) Multi Tier Re wired Miti ation 1 3 2 1.5 Total c uuc ~ exienas out sv reet perpendicular from near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. Page 6 of 7 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. At this time the storm water permit has not been applied for. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The site will be provided wastewater disposal as permitted by the Pender County Environmental Health Department or is allowed the future development will be provided sewer by The Town of Surf City. Permits will be obtained following allowance of this ermit application. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). D Applicant/Agent's Signature ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 7 of 7 Adapted from USGS Topographic "Holly Ridge, N.C.," 1970 Contour Interval = 5 Feet n p- 1 1 5 9 N TITLE FIGURE: Site Vicinity Map pplied f;e5ource Management I'C - ---- - - Po Box 882, Hampstead, NC 28443 JOB: SCALE: DATE: DRAWN BY: i9~ of vo-2919 FAX 2~o-298a 07100 1 "- 2,000' 5/24/07 EFC '~ P.. ~ ~a ~+' ~ f ~ 1 i i 1 ~?" ~. n + 1 ~ ~ ~t" r~1 ` ~ r. ~ ~ `,r ~Y ~' , f i ~ ~~ .. r~2~ * ~ ~ t ~S~ f ~ , S r ,.. f ~ r +t 'fir J q 5. +~, ; '. f. i ~~ ~~~ ~ ` t' , ~ ~ i ~~ `~ , y ~" ~~ ~ t •~ ~I e ` O ~ ~ r 4~.y l IIF y ~ ' , '~ ~ + + N 4 ~~r'~: y r y ~. l ~a . ~ r " ~ ~' ~~ y A P • .~ M ~. ~ ~ S~.F yl~ +A" ~Y'Ky '"Y": ~~d .~~ M .~Ii,.Y~~Y~T~.. ~.Y: .tit, ~r`. ~(''}~ yyy''' r v ~ ~ -' .} I ta. ~ - d, ~it~ .~ ~ -• ? Y f ' l ~ ~-1 I 4 'iM ~li• ~' ~ ~ M1l '~ ~ ~ Y, t,. ~'~~s ~~ i;:i t t 5 •`'~ ~~ 4y ~i~ f ^ ~ s i ~Y ~. M ~6 ~ } ~.~ ~ /f S J- ~~. ~ - .y:H ~ I e ~ { ~t - .,-_ - ~~ ,t ~ ~~. ~: 6-'i ~, ~~ f'~ ~ ~ Adapted from USGS Topographic tv "Holly Ridge, N.C.," 1970 i Contour Interval = 5 Feet TITLE: ISOlated Wetland LOCatIOn On USGS FIGURE: Topo Map - 269 & 299 NC Hwy. 21 OE pplied ReSOUrce Management f C - - - ------ - P. O. Box 882, Hampstead, NC 28443 JOB: SCALE: DATE: DRAWN BY; (910) 270-2919 FAX 270-2988 071 00 1 ~~- ~ 000' 6/28/07 EFC F 4 +7~ 1~' x ; ~h i t . a ~ 1~ ~~~~ ~ t ~ ~ ~ '~`~. ~ y ,, ,. ~- ~~' r~ ~ :~ ~ i ~, ~, ~ti~~ Y 4~ ~~ ~^4' '.s ~'W ~. ~ 1 ~ ~ ~ s ~ F f i ~ ' r rj' ~ ~ ~y ~T t... ~~ Apr ~{Y~ hZ q ~ ,~,~~ -~ ~~ t k '~'~ ? k ~ ~' ` '~ S a it '~ 1, , ~ ~' 1' i1 ~ .. ~ ~~ -a Yy. ~ ( ii Ste. 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Box 882, Hampstead, NC 28443 __ - JOB; SCALE: DATE; DRAWN BY; (910)270-2919 FAX 270-2988 07100 1 "=100' 6/28/07 EFC z ~w ~~ ~~ ~~ -~ ~- o ~ m O C~1 _ w ~ ~ N o ~ ~ Q ~ ~~ ~ ~ o ~ ~(, "'~ ~ c/~ z U r N ~~ N O~ > N °° U ~ } ~o2S Q w ~ ~ Q ~ N i °o Q w oo w ~ O ~ ~ ~ ~ Z (~ c N P~ U ~ N ~' N ~O NN P~ ^` ._.LL U ~ O ~ ~ z ~ C m~ ~WS / '~ - -~ °° _~ m ~- ~ Oa / n: x c. _. / ~~ / ^Z~ ~,~, , \ \ ,/ ~ r~ ~. r'O Y\ `>\~ ~V 1 v1 \i~ a` e 1 \ ~ \• •,.~ ~~, ~ 1~, 1r ~ a \ f. ~ ` w ~{ \ I ~ ~" ~ ~ • ~ ~ ~ ~ ~ ~ ~ f ~ / .~/ ~ ~~, ~ ~ ,~ \ ~\ .,~` a\ mow" J°.1 .~4 \.~~. / ~ wry" `.~ ~ \ `~. ~.. ~.`- \ ~ ~ / h `\i~ \l ~i // y .YY i `~ ~ \ / ~ ~ /~ .~_ ~i~ `~... / ~ / t~. ...,. ~ " ~.,. / { at a -. `-•- ,, / ~o~ ,, ,~~ 4 ,: ` f ~' / 1 r. dt, w' I V, ' k ' `) I 1 1 O ~. •'~"" .,,,,~ ~ l b,,kG ~S i~ ~. "~.,. `~+.. 1w _ ~\~ ~\ c _~ O cn C N ~- N O ~\~ w O f I rl ~~. J. I f r~ 'I 1 ~ ~1 ~ N Z ~~~ ~, .-.......... I ~,A ~, ~, ....,. _ ..._ ........... I ~~ ..~,. ~ .~ ra ,,,~ ~. ^~,., a r+ I d1f t ,~ ~~ ~ "~.. ~ ~ ~~ ~- ,. ~ ~ _~ ~ ~, ~ ~f ' K. J I ~ fiw ~~ ~ ~ ~ I J ~~.~~ *~. w~ ~~~~ ~ ~~~~~ / 7''! y,, w QC r, ~, q. lyy+' ,r ~ ,G `~' ~ '~ f" ~ f,~ ~ _ -~ ~ i _:,~,.~ ~. 1 ~` w ~ ~~ 1 ,~.,1 .q4 r. "^~.,, ~c ~ ~ ~ .~' / ~ ,~ .~ ,~ ~ i ,,- "~ ,~ r5~11`~»`l~ /~ / ~ .~„Gtll~n r ~.6'fRl '1„hi,RtU9hN ~u-'`_ r U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2007 1781 071 County: Pender U.S.G.S. Quad: Holly Ride NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Ms. Nancy Alio Address: 269 Hi~hwaY 210 East Hampstead, NC 28443 Ms. Sandra Avers 421 Buds Road Hampstead, NC 28443 Property description: Size (acres) 5.46 total (2 parcels) Nearest Town Hampstead Nearest Waterway unnamed tributary to ICW River Basin Cape Fear USGS HUC 03030007 Coordinates N 34.3882 W 77.6792 Location description The property is located lust south of the Hi~hway 210 and Hi~hway 17 intersection in the Topsail Community adiacent to an unnamed tributary of the Intracoastal Waterway, Pender County. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 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 and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are wetlands on the above described 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your properly which, provided there is no change in the ]aw or our published regulations, maybe relied upon for a period not to exceed five years. _ The 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 maybe relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S., to include wetlands, present on the above described 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 maybe relied upon for a period not to exceed five years from the date of this notification. (please see remarks for a description of area reviewed) _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at 910-796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611. C. Basis For Determination The subject area did exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual however the reviewed area was determined to be isolated. D. Remarks This delineation covers only the 5.46 acre parcel comprised of Alio and Ayers property The wetlands were determined to be isolated and thus are under the re~ulatory authority of the State of North Carolina Division of Water Quality Corps Regulatory Official: 1~~ Date 5/31/2007 Expiration Date 5/31/2012 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 attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to complete the survey online. Copy furnished: NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405 Applied Resource Management, P.C. attn: Ellen Cornette P.O. Box 888 Hampstead, NC 28443