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HomeMy WebLinkAbout20070759 Ver 2_401 Application_20130813?!tLMG LAND MANAGEMENT GROUP nic. AW, Environmental Consultants July 12, 2013 TO: Ms. Emily Hughes U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 C)l- ol5gU2. RE: NWP 18 Application; Lots 14,15,16 Oceanside at Oak Island; Oak Island, NC Previous Action ID# SAW- 2007 -01682 Dear Emily: AUG -62013 D N - WA-TEA uALITY Enclosed is a NWP 18 application for your review. This application is submitted on behalf of Mr. Mark Palmatier who is offering to purchase the above- referenced lots that are currently bank - owned. The Oceanside at Oak Island subdivision obtained land development permits in 2007 and included: (1) CAMA Major Permit #144 -07 (2) Corps GP291 SAW - 2007 -01682 (3) NC DWO WQC3642 DWQ #070759 and (4) NC DWQ Coastal Stormwater Permit No. SW8060911. The CAMA Major Permit and stormwater permit remain valid. The Corps' 2007 jurisdictional determination, the Corps permit, and the associated water quality authorization have since expired. The previous Corps permit authorized wetland impacts associated with access to four oceanfront lots (Lots 13, 14, 15, and 16) and temporary impacts for installation of subdivision utilities. The oceanfront lots contain part of a freshwater pond at their landward end and dunestback dunes on their oceanward end. Jurisdictional wetlands fringe the pond and are located in low swales between the dunes and the pond. Wetlands on the property can generally be classified as emergent freshwater swales. In order to access the oceanfront lots, a wooden, slatted bridge was designed over the pond's fringing wetlands to avoid wetland impact. Each individual lot would then have a private driveway extending from the bridge. Parking would be located underneath the homes that would be elevated to meet the VE base flood elevation of 18' to 19'. The proposed private drives were designed to be elevated piling- supported structures less than 3' above the wetland surface. Due to the fact the drives would be so close to the wetland surface and the fact that a house would be elevated over the drive, wetland impacts were considered indirect, permanent impacts resulting from shading. Specifically, authorized wetland impacts were: (1) permanent shading impacts for Lots 13 -16 totaling 4,133.4 -sq.ft. (2) permanent shading impacts for the bridge approach off 690' Street totaling 194.61 -sq.ft. and (3) temporary cut and fill impacts for utilities totaling 3,720 sq.ft. Permanent impacts totaled 4,328 -sq.ft. The developer of the subdivision installed the bridge and the utilities which are located in a 20' -wide utility easement just south, or oceanward, of the bridge. A down payment was made to the Stone Farm Regional Mitigation Bank, but the remaining balance was not satisfied, presumably due to economic changes. Lot 13, the westem -most oceanfront lot was purchased and a single family home is constructed on the lot. The current applicant is seeking to re- authorize wetland impacts associated with the private drivewaysthomes for Lots 14, 15, and 16. 'Of the 4,133.4 -sq.ft. of impact previously authorized for the oceanfront lots, 755.57 -sq.ft. were allocated to Lot 13, leaving 3,378 -sq.ft. of impact previously authorized for Lots 14,15,16. Jurisdictional wetland limits have been re- delineated, field - approved by you, and are shown on the enclosed existing conditions survey and site plan. Currently requested impacts for Lots 14, 15, 16 total 3,321 -sq.ft. The private driveways would www.lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 extend from the existing bridge at a length to finalized by the contractor. Since future homes may be elevated over the wetlands, wetland areas outside of the driveways up to the side building setbacks are included in the requested impact area also. As outlined in the previous permit application, wetlands could not be avoided completely due to the need to site homes landward of the CAMA small structure setback and avoid frontal dunes, CAMA required placement of the access bridge landward of the small structure setback, and location of the wetlands. Minimization of impacts has been satisfied by elevating the structures to maintain above ground storage of water capacity which had been identified as a critical wetland function to minimize flooding of adjacent streets. The applicant offers to satisfy the previously approved wetland mitigation by payment to the Stone Farm Regional Mitigation Bank at a 1:1 ratio with purchase of 0.1 -acre of non - riparian wetland credit. The Pre - Construction Notification form, associated maps, and site plan are enclosed for your review. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, /W� Laura Stasavich Environmental Scientist Encl. Cc: Mr. Chad Coburn, NC DWQ Ms. Karen Higgins, NC DWQ Mr. Mark Palmatier, applicant Ms. Heather Coats, NC DCM www.lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 y r > 1 o � Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ❑ No 2. Project Information 2a. Name of project: Lots 14, 15, 16 Oceanside at Oak Island 2b. County: Brunswick County 2c. Nearest municipality / town: Town of Oak Island 2d. Subdivision name: Oceanside at Oak Island 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Lots 15,6 Atlas NC . Lot 14 BB &T 3b. Deed Book and Page No. Book 3329, Pg 0971 and Book 3318, Pg 0658 3c. Responsible Party (for LLC if applicable): 3d. Street address: Atlas -200 West Second Street, 6'' Floor, Winston Salem, NC, 27102 and BBT- PO Box 167, Winston Salem, NC, 27102 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner): 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Mark Palmatier 4c. Business name (if applicable): 4d. Street address: 665 Lockwood Folly Road 4e. City, state, zip: Bolivia, NC 28422 4f. Telephone no.: 910 -612 -3730 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Laura Stasavich 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: (910) 452 -0001 5f. Fax no.: (910) 452 -0060 5g. Email address: Stasavich@lmgroup.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Parcel IDs- 250131-02611, 250BL0261Q 250BLO2609 1b. Site coordinates (in decimal degrees): Latitude: 33.907145 °N Longitude: - 78.096648 °W DD.DDDDDD - DD.DDDDDD 1c. Property size: Lots 14, 15,16 combined: 2.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Un -named freshwater pond, Atlantic Ocean proposed project: 2b. Water Quality Classification of nearest receiving water: N/A 2c. River basin: Cape Fear River Basin (just at border with White Oak) 3. Project Description 3a. 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 contains an elevated slatted, wooden bridge which serves as a private access road to the lots. Utilities were installed by the subdivision's developer and are located just oceanward of the bridge in a 20' utility easement. Lots are otherwise undeveloped, with natural contours and vegetation. Subject lots contain back dunes on the oceanward portion of the lots and a freshwater pond on the landward portion of the lots. Herbaceous freshwater wetlands fringe the pond and exist in low swales between the dunes and pond. Adjacent use is residential. 3b. List the total estimated acreage of all existing wetlands on the property: Lots 14, 15, 16 combined = 19,385.5 -sgft. or 0.45 -ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: None 3d. Explain the purpose of the proposed project: The purpose of the project is to provide a buildable footprint and driveway area for three single family homes. 3e. Describe the overall project in detail, including the type of equipment to be used: The development of single family homes will utilize typical equipment such as pile drivers. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ® Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Paul Farley Other: LMG 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Emily Hughes with the ACOE field- approved the line in May, 2013, final determination requested with this application. Previous wetland delineation in 2007 Action IDs# SAW-2007-01682. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to 'help file" instructions. CAMA Major Permit #144 -07 valid until 12 -31 -2013. Corps GP291 SAW-2007-01682. NC DWQ WQC 3642- #070759. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 11 PCN Form -Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts N/A If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P ❑ T Lot 14 Indirect, Shading Freshwater emergent swale El Yes ® No ® Corps ❑ DWQ 1857.4 sq.ft. W2 ®P ❑ T Indirect, Shading Freshwater ❑ Yes ® Corps 398.76 sq.ft. Lot 15 emergent swale ® No ❑ DWQ W3 ®P ❑ T Lot 16 Indirect, Shading Freshwater emergent Swale C1 Yes ® No ® Corps ❑ DWQ 1063.94 sq.ft. W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland Impacts 0.076 -ac 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts N/A 3i. Comments: Page 4 of 11 PC Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts: If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P 03 ❑P 04 ❑P ❑T 4f. Total open water impacts N/A 4g. Comments: 5. Pond or Lake Construction: NIA If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 5 of 11 6. Buffer Impacts (for DWQ): NIA If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tar-Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? B1 ❑P ❑T ❑Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Wetland areas could not be totally avoided due to CAMA rules regarding siting of the house behind the small structure setback, similar requirements for the access bridge, and the location of wetlands. Wetland impacts have been minimized by elevating the structures and maintaining above - ground storage capacity which was determined to be an important function for not worsening adjacent street flooding. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction can be done from upland areas on the front of the lot. No major grading is expected. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank: 3a. Name of Mitigation Bank: Stone Farm Regional Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: NonRiparian Wetland Quantity: 0.1 -acre 3c. Comments: Previously authorized in 2010, see enclosed letter. 4. Complete if Making a Payment to In -lieu Fee Program: N/A 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: N/A 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non - riparian wetland mitigation requested: 0.1 acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan: N/A 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. NIA 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). NIA 6h. Comments: NIA Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan Maximum impervious cover on lots 2a. What is the overall percent imperviousness of this project? will adhere to previously approved S/D SW plan 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Subdivision plan existing and no changes in impervious cover requested. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review: 3a. In which local government's jurisdiction is this project? Town of Oak Island ❑ Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review: ® Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other. 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review: NIA 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /stateAocal) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Project will tie into the local sewer system, and utilities were installed by the subdivision's developer. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally protected species were noted within the site. However, the American alligator is known to occur in the freshwater pond. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. No EFH was noted within the project area. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of historic resources. No historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain. Laura Stasavich 07/12/2013 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 E Oit* 194iOW 2- "Well f Ap4rh Oak each 1S.1and If Club Oak Island Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri Japan, MET[, Esri China (Hong Kong), Esri (Thailand), TornTorn, 2012 SCALE 1" = 1 -mile L:\CAMA\2013\02-13-095\mapsetportrait.cdr LMGLAND MANAGEMLVT GROUP we www.LMGroup.net Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 SITE Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TornTorn, 2012 SCALE 1" = 500' Nationwide #18 Permit Application Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AFO 10 Mark Palmatier, applicant LMG # 02-13-095 Vicinity Map 1 of 6 July 2013 not meant to be absolute. Map Source: Holden Beach Quadrangle 7.5 minute (topographic). L: \CAMA\ 2013 \02 -13- 095 \maosetoortrait.cd r LMG CANE MANAGEMP,NT GROUP me E—'O —root CO -014m, www.LMGroup.net Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Nationwide #18 Permit Application Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AF010 Mark Palmatier, applicant LMG # 02 -13 -095 SCALE 1" = 2000' USGS Topographic Map 2 of 6 July 2013 LMG LAND MANAGEMENT GROUP Envtronmtntal Conso�tantz www.LMGroup.net Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Nationwide #18 Permit Application Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AFO10 Mark Palmatier, applicant LMG # 02 -13 -095 Soils Map 3 of 6 July 2013 not meant to be absolute. Map Source: 2008 NAPP Aerial Photography LACAMA1 2013102- 13- 0951mapsetportrait.cd r LMG LAND MANAGEMENT GROUP uw: '."O"Menrar com jmnu www.LMGroup.net Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Nationwide #18 Permit Application Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AFO10 Mark Palmatier, applicant LMG # 02 -13 -095 SCALE 1" =200' 2012 Aerial Photograph 4of6 July 2013 IF 1 I I 1 1 I I I 1 1 I IR I I -s I wetiana Area Lots1, -16 combined= 19,385.5 sq.ft. 1 1 I j 13 Q I O I o i I � I 1 � � I ►� I N 1 ;n 'Via Do, IO Z , _ CID, 445 Cq- A4A AEC L I NOW OR FORMERLY BRIAN KEITH KEESEE DEED BOOK 3167, PAGE 407 TAX PARCEL # 250BLO2607 S g -26" E N 81.31, 30" I— LLJ � o 0 I � U m a W LO (/) it ir 0 z 0 c� TRANSFORMER _ / & UTILITIES EAST BEqC WATER H DRI METERS 60' PUBLIC RIGHr_OF_WAY Wetland Limit 2013 Wetland Area Q Lots14 -16 combined= ~ 19,3 5.5 sq.ft. O F— O 6p_SMAL�UCTURE . sr7— 1998 S7A77C G�ATION LINE ATLANTIC OCEAN NOTE: THIS PROPERTY LIES BETWEEN THE ATLANTIC OCEAN AND THE 445' CAMA LINE OF ENVRONMENTAL CONCERN 0 30 60 120 Base Survey provided by VCS, Oak Island. 1 1 � I 1 1 1 I I I 1 I IRS I I -Z 1 ° W LfTM �SEMENf I � ' 1 � Proposed /Driveway Lot 14 Driveway area over wetlands N 1,341.84 -4q.ft. viI Wetland within building footp o� 515.55 - sq.ft. I I y I mi 1 I � I 10I CD ►� I o I I I o IRS I I � 1 � RIDGE I e OF I W WAARD EDWARD 1 I N RIDS O DDA CP 445 CA MA ACC NOW OR FORMERLY BRIAN KEITH KEESEE DEED BOOK 3167, PAGE 407 TAX PARCEL # 250BLO2607 81.07$26's I— 3 Lij � o U J ca a 0 1= W W TRANSFORMER / & UTILITIES WATER AST BEI cr 0 z 0 0 METERS 60' . ' DRI1 P (JBLIC RIGHT_OF_W ` AY Propo ed Driveway Lot 16 Drive ay area over wetlands =829.1 7-sq.ft. Wetland within building footprint= 234.77 -sq.ft. Proposed Driveway Lot 15 Driveway area over wetlands= 273.01 -sq.ft. Wetland within building footprint= 125.75 -sq.ft. 60, S "OCTIJR E SET- 1998 STATIC VEG L?ATION LINE LMG Note: Driveways shown to extend to small structure setback but exact length to be determined by contractor. Houses will be elevated over driveway to meet VE floodzone requirements (BFE 18' and 19'). House footprints not shown. Homes may extend from oceanward edge of existing bridge to small structure setback. ATLANTIC OCEAN NOTE: THIS PROPERTY LIES BETWEEN THE ATLANTIC OCEAN AND THE 445' CAMA LINE OF ENVIRONMENTAL CONCERN 0 30 60 120 Base Survey provided by VCS, Oak Island. LMG LAND MANAGEMENT GROUP INC. Environmental Consultants 43805 Wrightsville Ave, Suilel5 Wilmington, North Carolina 28402 Telephone: 910- 452-0001 rolect Nationwide 18 Application Lots 14,15,16 Oceanside at Oak Island Dale: 712013 Revision Date: NIA scale: 1 " =60' Job Number: 02 -13 -095 Title: SITE PLAN Drawn sy: DES Sheet Number: 6 of 6 Army Corps of Engineers Wetland Data Package Lots 14,15,16 Oceanside at Oak Island Oak Island, NC Property Owner: Atlas NC and BB &T Applicant: Mark Palmatier 665 Lockwood Folly Rd. Bolivia, NC 28422 Site address: Oceanside at Oak Island, Oak Island, NC Subdivision name: Oceanside at Oak Island @ AUG -62013 � D NR - WATER QUALITY �W0ands & §!gWn_atee Branch ,! Parcel number: 250BL02611, 250BL02610, 250BLO2609 Directions: From the Wilmington USACE office, head south on Darlington Ave. towards Broad St. Take a left onto Covil Ave, and then a right onto Wrightsville Ave. Turn left onto Dawson St. then a right onto Oleander Dr. Continue onto US -17 BUS/ US -74 W and take the exit onto US -17 S /Ocean HWY E toward Shallotte/Myrtle Beach. Turn left onto NC -87 S /George II HWY. Take a slight right onto NC -133 S/NC -87 S/River Rd. SE. Take a right onto NC -133 S/Dosher Cutoff SE, then take another right onto NC -133 S/ NC- 211 N /Southport- Supply Rd. SE. Turn left onto NC -133 S/ Long Beach Rd SE. Take a slight right onto E Oak Island Drive. Take a left onto SE 69`h St and the tract will be at the end of the street to your right. Nearest water body: Atlantic Ocean Name of watershed: 03030005 Cape Fear River Basin Coordinates of site: Latitude: 33.906931 N Longitude: - 78.096659 W USGS Quad: Southport, NC Total size: —2.5 acres Total size of Wetlands: —0.5 acres not meant to be absolute. Map Source: Holden Beach Quadrangle 7.5 minute (topographic). L:\CAMA \2013 \02 -13- 095 \mapsetportrait. cdr LMG LAND MANAGMENT GROUP arc E.—O— ntal Com.hanrx www.LMGroup.net Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Jurisdictional Determination Request Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AFO10 Mark Palmatier, applicant LMG # 02 -13 -095 SCALE 1 " = 2000' Figure 2 USGS Topographic Map July 2013 Low: 0 1 *Boundaries are approximate and are not meant to be absolute. Map Source: NCDOT LIDAR data. L:\CAMA\2013\02-13-095\mapsetportrait.cdr LMG LAND MANAG ME T GROUP arc. E—*r .ental C0n1u1r0nt4 www.LMGroup.net Phone: 910.452.0001 a Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Jurisdictional Determination Request Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AFO10 Mark Palmatier, applicant LMG # 02 -13 -095 SCALE 1" = 200' Figure 4 LIDAR map July 2013 LMG LAND MANAGEMENT GROUP +�. 1- 10nm —fdi Taft -pant, www.LMGroup.net Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Jurisdictional Determination Request Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AF010 Mark Palmatier, applicant LMG # 02 -13 -095 Figure 5 Soils Map July 2013 not meant to be absolute. Map Source: 2008 NAPP Aerial Photography L:\CAMA \2013 \02 -13- 095 \m apsetportrait. cdr L1VIG LAND MANAGHMP.NT GROUP sxc Env; :onmrnrat Conteltcnrz www.LMGroup.net Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Jurisdictional Determination Request Lots 14,15,16 Oceanside Oak Island, NC Parcel 246AFO10 Mark Palmatier, applicant LMG # 02 -13 -095 SCALE 1" =200' Figure 6 2012 Aerial Photograph July 2013 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Lots 14,15,16 Oceanside at Oak Island City/County: Oak Island/Brunswick Sampling Date: 5/16/201, Applicant/Owner: Mr. Mark Palmatier state: NC Sampling Point: Upland Investigator(s): P•Farley section, Township, Range: Oak Island /Brunswick Landform (hllslope, terrace, etc.): dune system Local relief (concave, convex, none): convex -flat Slope (%) 0-5 Subregion (LRR or MLRA): T/153B Lai 33.907145 Long: - 78.096648 Datum. NAD81 Soil Map Unit Name: Duckston sand NWI classification- Upland Are climatic 1 hydrologic conditions on the site typical for this time of year? Yes RL No= (N no, explain in Remarks ) Are Vegetation n, Soil or Hydrology = significantly disturbed? Are 'Normal Circumstances' present? Yes= No= Are Vegetation Li Sal �, or Hydrology J__L naturally problematic? (If needed, explain any answers in Remarks ) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes �_ No Welland Hydrology Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary indicators (minimum ffouired) Primary Indicators (minimum of one is required, check all that aooly) ❑ Surface Soil Cracks (BS) p Surface Water (Al) ❑ Aquatic Fauna (B13) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Marl Deposits (B15) (LRR U) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (C1) ❑ Moss Trim Lines (818) 0 Water Marks (81) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry- Season Water Table (C2) p Sediment Deposits (62) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (CB) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (64) ❑ Thin Muck Surface (C7) ❑ Geomorphic Positron (D2) ❑ Iron Deposits (85) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7) ❑ FAC- Neutral Test (D5) ❑ Water - Stained Leaves (Bg) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes= No 9L Depth (inches)- 0" Water Table Present? Yes = No 0 Depth (inches)- > 15" Saturation Present? Yes F1 No 0 Depth (inches). >15" wattand Hydrology Present? Yes fi No ✓� includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks. No primary or secondary indicators found. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Dominance Test Sampling Point Upland Tree Stratum (Plot size ) % Cover Species_? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 2. 3 4 5 6. 7. 8. = Total Cover 50% of total cover: 20°x6 of total cover: Sapling/Shrub Stratum (Plat size. 30' rad ) 1 Morelia cerifera 5 Yes FAC 2 3 4. 5. 6 7. 8 Herb Stratum (Plot size: 1 Ammoohila brevilioulata 5 = Total Cover 500A artotal cover: 2.5 20% of total cover 30' rad ) 20 yam_ t IL 2. Uniola panoculata 15 Yes FACU 3. Spartina patens 15 Yes FACW 4 Cakile endentula 5 No FACU 5. Iva imhrirata 5 No FACW 6 Yurra alnifolia 2 No UPL 7 Hydin000tylp hnnaripncic 5 No FACW 8.1;a6llarrlia pLlrhalla 9. 5 No NI 10 11 12. 91 = Total Cover 50% of total cover: 45 5 20% of total cover 1 R 7 Woody Vine Stratum (Plot size: ) 1 2 3. 4 5. 50% of total cover below) ITotal Number of Dominant Species Across All Strata: Percent of Dominant Species That Are OBL, FACW, or FAC: 1 (A) 3 (B) 33.3 (AM) Total % Cover of Multiply by: OBL species 0 x 1 = 0 FACW species 3 x2= 6_ FAC species 1 x3= 3 FACU species 9 x4= R UPL species 9 X5= 10 Column Totals: R (A) _97 (B) Prevalence Index = B/A = 3.375 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is 53.0' Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub — Woody plants, excluding vines, less than 3 in DBH and greater than 3.28 ft (1 m) tall. Herb —Ail herbaceous (non - woody) plants, regardless of size, and woody plants less than 3 28 ft tall Woody vine —All woody vines greater than 3.28 It in height. Hydrophytic = Total Cover Vegetation 20% of total cover _ Present? Upland is moderately vegetated back dune - barrier flat. Yes a No —2 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2 0 SOIL or confirm the absence of Sampling Point, Upland Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Twe 'LoTexture Remarks 0 -15 10 YR 6/2 sand 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. `Location, PL =Pore Lining, M=Matrbc Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) indicators for Problematic Hydric Soils': ❑ Histosol (Al) Q Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) ❑ Histic Epipedon (A2) a Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) ❑, Loamy Mucky Mineral (F1) (LRR O) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑ Hydrogen Sulfide (A4) a Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Soils (1719) (LRR P, S, T) [] Stratified Layers (A5) Q Depleted Matrix (F3) ❑ Anomalous Bright Loamy Sods (F20) ❑ Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 1538) ❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) ❑ Red Parent Material (TF2) ❑ ❑ Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) Redox Depressions (F8) Marl (F10) (LRR U) ❑ Very Shallow Dark Surface (TF72) ❑_ Other (Explain in Remarks) Depleted Below Dark Surface (A11) Q Depleted Ochnc (Fl 1) (MLRA 151) Thick Dark Surface (Al2) Q Iran - Manganese Masses (F12) (LRR 0, P, T) elndicators of hydrophytic vegetation and Coast Praine Redox (A16) (MLRA 150A) Q Umbdc Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Q Delta Ochric (1`17) (MLRA 151) unless disturbed or problematic. U Sandy Gleyed Matrix (S4) Q Reduced Vertic (F18) (MLRA 150A, 150B) Sandy Redox (S5) Q Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) Anomalous Bright Loamy Solls (F20) (MLRA 149A, 153C, 1530) Dark Surface (S7) (LRR P, S, T, U) Type Depth (inches) No primary or secondary indicators found. Hydric Soil Present? Yes,, NoiE US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Pro)ect(Site. Lots 14,15,16 Oceanside at Oak Island City/County. Oak Island /Brunswick Sampling Date: 5/16/201,' Applicant/Owner Mr. Mark Palmatier State NC Sampling Point: Wetland Investigator(s), P.Farley Section, Township, Range Oak Island /Brunswick Landform (hillslope, terrace, etc), depressional Local relief (concave, convex, none): concave -flat slope (%) 0 -2 Subregion (LRR or MLRA): T/15313 Let 33.907145 Lang. - 78.096648 Datum NAD81 Sod Map Unit Name DUckston sand NWI classification: PEM 1 F Are climatic I hydrologic conditions on the site typical for this time of year? Yes 2L No = (If no, explain in Remarks ) Are Vegetation ,n, Soil F-1, or Hydrology M significantly disturbed? Are "Normal Circumstances' present? Yes -EL No Are Vegetation J1, Soil _L_L, or Hydrology _L__L naturally problematic) (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes -Lid No Wetland Hydrology Present? Yes 'v ' No u within a Wetland? Yes No Remarks- HYDROLOGY Hydrology Indicators: Primary Indicators (minimum of one is muired. check all that apply) ® Surface Water (At) ❑ Aquatic Fauna (B13) Q High Water Table (A2) ❑ Marl Deposits (615) (LRR U) ® Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) D Water Marks (81) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Sediment Deposits (62) ❑ Presence of Reduced Iron (C4) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Algal Mat or Crust (84) ❑ Thin Muck Surface (C7) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ inundation Visible on Aerial Imagery (B7) ❑ Water - Stained Leaves (89) Field Observations: ❑ Surface Soil Cracks (B6) ❑ Sparsely Vegetated Concave Surface (Be) ❑ Drainage Patterns (B10) ❑ Moss Trim Lines (BIB) ❑ Dry- Season Water Table (C2) ❑ Crayfish Burrows (CB) ❑ Saturation Visible on Aerial Imagery (Cg) ❑ Geomorphic Position (D2) ❑ Shallow Aquitard (D3) ❑ FAC- Neutral Test (DS) ❑ Sphagnum moss (D8) (LRR T, U) Surface Water Present? Yes El No ]a r Depth (inches) 0" Water Table Present? Yes ,L No r 1 Depth (inches) 6" Saturation Present? Yes ], No f2- Depth (incites) 4" Wetland Hydrology Present? Yes i No El includes capillary fnn e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available- Above ground water levels vary across wetland with ponded water at northern end (outside data point). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2 0 VEGETATION (Four Strata) — Use scientific names of plants Absolute Dominant Indicator Tree Stratum (Plot size ) % Cover Species? Status 1 2 3 4 5 6 7 8 50% of total cover Saplma/Shrub Stratum (Plot size- 30' rad ) 1 Morelia cerifera = Total Cover 20% of total cover 5 Yes FAC 2. OBL species 3 FACW species 4 FAC species 5 FACU species 6 UPL species 7 Column Totals* 8. 50% of total cover 2.5 Herb Stratum (Plot size- 30' rad ) 1 2. Scirpus olnevi Total Cover 20% of total cover 20— Yes ORI 3. Fimbristvlis autumnalis 20 Yes OBL a Hydroco le umbellata _ 15 Yes OBL 5 Cyoentc Pchinatus 15 Yes FAC 6 $hynochnsnnra colnrata 15 Yes FACW 7 AntiQppp n virpinicus 2 No FAC 8 J03 iCariprielrnn rarliranc 2 NO FACU 9 KnStP t7k)1a vippinira 2 No OBL 10 11 12. _ = Total Cover 50% of total cover dri 5 20°x6 of total cover 1 R Woody Vine Stratum (Plot size ) 1 2 3 4 5 50% of total cover = Total Cover 20% of total cover Remarks (If observed, list morphological adaptations below) Sampling Point Wetland Number of Dominant Species That Are OBL, FACW, or FAC 6 (A) Total Number of Dominant Species Across All Strata 6 (B) Percent of Dominant Species That Are OBL, FACW, or FAC. 1 OO (AB) rrevarence inaex worusneer: Total % Cover of Multiply by OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x4= UPL species x 5 = Column Totals* (A) (B) Prevalence Index = B/A = 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is 53 0' Problematic Hydrophytic Vegetation' (Explain) ' Indicators of hydric sod and wetland hydrology must be present, unless disturbed or problematic. Tree — Woody plants, excluding vines, 3 in (7 6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub — Woody plants, excluding vines, less than 3 in DBH and greater than 3 28 ft (1 m) tall. Herb — All herbaceous (non - woody) plants, regardless of size, and woody plants less than 3 28 ft tall Woody vine —AII woody vines greater than 3 28 It in height. Hydrophytic Vegetation Present? Yes PI, No Wetland is freshwater herbaceous within interdunal swale adjacent to freshwater pond. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2 0 SOIL to the depth needed to document the Indicator or c Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvoer Loc' Texture 0 -3 10YR 612 m.sand 3 -7 10YR 3/2 10YR 5/6 5 C m sand 7 -15 10YR 6/1 sand Sampling Pant. Wetland Remarks 10% shell hash, streaking 10% shell hash 'Type C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location, PL =Pore Lining, M= Matrix Hydric Soil Indicators: (Applicable to all LRRs, unless othervNse noted.) Indicators for Problematic Hydric Soils': ❑ Histosol (Al) a Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) ❑ Hishc Epipedon (A2) a Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) ❑, Loamy Mucky Mineral (F1) (LRR O) ❑ Reduced Vertic (F18) (outside MLRA 150A, B) ❑ Hydrogen Sulfide (A4) a Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Sods (F19) (LRR P, S, T) ❑ Stratified Layers (A5) Q Depleted Matrix (F3) ❑ Anomalous Bright Loamy Sods (F20) ❑ Organic Bodies (A6) (LRR P, T, U) El Redox Dark Surface (F6) (MLRA 153B) ❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) ❑ Red Parent Material (TF2) ® Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) rT u Redox Depressions (F8) Marl U) Very Shallow Dark Surface (TF12) Other Remarks) Depleted Below Dark Surface (A11) Q (F10) (LRR Depleted Ochnc (F11) (MLRA 151) (Explain in Thick Dark Surface (Al2) Q Iron - Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and ❑ Coast Prairie Redox (A16) (MLRA 150A) Q Umbric Surface (1713) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Q Delta Ochnc (F17) (MLRA 151) unless disturbed or problematic LJ Sandy Gleyed Matrix (S4) Q Reduced Verfic (F18) (MLRA 150A, 150B) Sandy Redox (S5) Q Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Dark Surface (S7) (LRR P, S, T, U) Type Depth (inches)* Hydric Soil Present? Yes F;9 No= US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2 0 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: North Carolina County/parish/borough: Brunswick City: Holden Beach Center coordinates of site (lat/long in degree decimal format): Lat. 33.9072270 Q, Long. - 78.096505° �. Universal Transverse Mercator: Name of nearest waterbody: Atlantic Intracoastal Waterway (AIWW) Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: AIWW Name of watershed or Hydrologic Unit Code (HUC): 03030005 (very near break with 03040207) Q Check if map /diagram of review area and/or potential jurisdictional areas is/are available upon request. (� Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Piek Li "navigable waters of the U.S " within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There XR, "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs Non -RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: linear feet: width (ft) and/or acres. Wetlands: sqft or 0.5- acres. c. Limits (boundaries) of jurisdiction based on: 987 Delineairo—n-manuto Elevation of established OHWM (if known): 2. Non - regulated waters /wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: . Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent' B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: ick Lis P� Drainage area: ckLis Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through ick Lis tributaries before entering TNW. Project waters are rtc&k river miles from TNW. Project waters are river miles from RPW. Project waters are aerial (straight) miles from TNW. �s! Ak Project waters are aerial (straight ) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: `Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man- made). Explain: ❑ Manipulated (man- altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: ick is Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/0% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/rifflel ool complexes. Explain: Tributary geometry: ick Li Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: ick Lis Estimate average number of flow events in review area/year: ick Describe flow regime: Other information on duration and volume: Surface flow is: ick Lis Characteristics: Subsurface flow: ick L' Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): Q High Tide Line indicated by: Q Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g, flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non -TNW: Flow is: ick Li . Explain: Surface flow is: ick Lis Characteristics: Subsurface flow: ick Lis . Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non -TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are ick Lis river miles from TNW. Project waters are FMck Lisi aerial (straight) miles from TNW. Flow is from: ickL Estimate approximate location of wetland as within the Sick Leis floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation typelpercent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an All wetland(s) being considered in the cumulative analysis: ick Lid Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 0 TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: 1,623 -sqft or 0.04- acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Large channelized ditch approximately 10 -16' wide formed near headwaters of Smith Creek. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: 3. Non -RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ®Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED JINTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON4URISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): . Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional I dgment (check all that apply): Non - wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non - wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:Hampstead Quad 1000'. USDA Natural Resources Conservation Service Soil Survey. Citation:GIS Data National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date): 1998 and 2010 NAPP. or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: