19870256 Ver 2_ePCN Application_20211005

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
✓ No
Is this project a public transportation project?*
✓ Yes r No
Change only if needed.
BIMS # Assigned* Version#*
19870256 2
Is a payment required for this project?*
r No payment required
✓ Fee received
✓ Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:eads\hasnider
Information for Initial Review
Reviewing Office*
Wilmington Regional Office - [phone]
la. Name of project:
COURTESY COPY Plantation Village
la. Who is the Primary Contact?*
David Syster
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/5/2021
Nearest Body of Water
Futch Creek
Basin
White Oak
Water Classification
SA;HQW
Site Coordinates
Latitude: Longitude:
34.29499 77.76469
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
✓ Yes r No
Is this project a public transportation project?*
✓ Yes r No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
✓ Yes r No

ID#
Pre -fling Meeting or Request Date
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
Rle type oust be FCF
la. Type(s) of approval sought from the Corps:
rJ Section 404 Permit (wetlands, streams and waters, Clean Water Act)
I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
✓ Yes
a No
1b. What type(s) of permit(s) do you wish to seek authorization?
17 Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes a No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
I7 401 Water Quality Certification - Regular
n Non-404 Jurisdictional General Permit
n Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
✓ Yes a No
Version
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes a No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
lh. Is the project located in any of NC's twenty coastal counties?
a Yes r No
li. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
✓ Yes
G No r Unknown
1j. Is the project located in a designated trout watershed?
✓ Yes a No
B. Applicant Information
ld. Who is applying for the permit?
I7 Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
G Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Plantation Village Inc.
2b. Deed book and page no.:
*
a' Yes r No
r Yes e No
2c. Contact Person:

Zane Bennett
2d. Address
Street Address
1200 Porters Neck Rd
Address Line 2
Qly
Wilmington
Postal / Zip Code
28409
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Syster
4b. Business Name:
Southern Environmental Group, Inc.
4c.Address
Street Address
5315 South College Rd
Address Line 2
Suite E
qly
Wilmington
Poste / Zip code
28412
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
State / Bovine / Ftgion
NC
Country
USA
2f. Fax Number:
State / Bovine / Region
NC
Country
USA
4e. Fax Number:
C. Project Information and Prior Project History
v
1. Project Information
1b. Subdivision name:
('rf appropdate)
Same
lc. Nearest municipality/ town:
Porters Neck
2. Project Identification
2a. Property Identification Number:
R03700-002-002-002& R03700-002-015-000
2c. Project Address
Street Address
1200 Porters Neck Rd
Address Line 2
Wilmingon
Postal / Zip Code
28412
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Futch Creek
3b. Water Resources Classification of nearest receiving water:*
SA;HQW
2b. Property size:
25.16 & 10.17
State / Bovine / Region
NC
Country
3c. What river basin(s) is your project located in?*

White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020401
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project area is located within the existing Plantation Village subdivision. The project area is currently undeveloped and wooded.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
C- Yes G No C- Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.15
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct additional Senior Living (retirement & assisted living) housing within the existing Plantation Village.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project involves the relocation (pipe and swale) of an existing ditch to allow for the construction of a additional Senior Living housing. Normal earth moving equipment will be used
such as bulldozers and excavators.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
✓ Yes
Comments:
r No r Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
C' Preliminary 6' Approved r Not Verified r Unknown C N/A
Corps AID Number:
SAW-2002-00287
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
David Scibetta
Southern Environmental Group, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
02-04-2020
6. Future Project Plans
6a. Is this a phased project?*
CYes 6'No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No additional impacts or permits are proposed
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
I- Wetlands r Streams -tributaries
17 Open Waters r Pond Construction
4. Open Water Impacts
r Buffers
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbodytype
4f. Impact area
1
House Pad
P
Ditch
Fill
Ditch
0.02
4g. Total temporary open water Impacts:
0.00
4g. Total permanent open water impacts:
0.02
4g. Total open water impacts:

0.02
4h. Comments:
Approximately 251 linear feet 3' wide is proposed to be impacted
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project was designed to limit impacts to just the jurisdictional ditch and avoid impacts to the existing 0.15 acre wetland.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
BMP's will be utilized to avoid any erosion and secondary impacts to downstream waters during construction.
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 this project DOES NOT require Compensatory Mitigation, explain why:
The project involves impacts to a man altered ditch of less than 0.10 acres.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes a No
If no, explain why:
Site is within the White Oak River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
✓ Yes /7 No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
6' Yes
✓ N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
n Local Government 17 State
State Stormwater Programs
I— Phase II
r I-fWQ or ORW
Comments:
r No
17 Coastal Counties
n Other
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
✓ Yes 6'No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes ( No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes f No

3b. If you answered "no," provide a short narrative description.
No all state soil and erosion control measures, along with state stormwater will be utilized, limiting any risk of future impacts to downstream waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
6 Yes r No r N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Municipal sewer is and will continue to be utilized.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
✓ Yes f No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes No
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes G No
f No r Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
6 Yes r No
5g. Does this project involve bridge maintenance or removal?
✓ Yes G No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes f No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
✓ Yes G No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Website
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
✓ Yes 6 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO HPOWEB GIS
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
✓ yes « No
8c. What source(s) did you use to make the floodplain determination?*
FEMAFloodplain Maps
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Plantation Village PCN Summary lnformtion Final.pdf 3.55MB
Flo mist be FCF or ME
Comments
Signature

® By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
David A. Syster
Signature
Date
10/5/2021

Plantation Village
NWP Supplemental Information
1.) Location Map
2.) Agent Authorization
3.) Wetland JD
4.) Impact Map
5.) Soils Map
6.) USGS Quad Sheet
7.) Endangered Species Information
8.) State Historic Preservation Office Information

Plantation Village
Site Location

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Map Source: ESRI Street Maps
Vicinity Map
Plantation Village
Wilmington, New Hanover Co., NC
3/8/2019 018-156.01

Plantation Village
Agent Authorization

SEGi
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
TR CPHASE 2 PLANTATION VILLAGE INC, ( 25.00
ACRES) PT C MCD-DAVIS FOUND TRACT
LOT NO. PLAN NO. PARCEL I.D. R03700-002-015-000, R03700-002-002-002
STREET ADDRESS: 1131, 1200 Porters Neck Road
Property Owner (please print): PLANTATION VILLAGE INC. c/o
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
1200 Porters Neck Road
Wilmington, NC 28405
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the best of
our
06+ 5b,d)
Property l wne Authorized Signature
Print Name
3,-I1
Date
SEGi Authorized Signature
David Scibetta
Print Name
3/8/2019
Date

Plantation Village
Wetland JD

Requestor:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2002-00287 County: New Hanover U.S.G.S. Quad: NC- Scotts Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Plantation Village Inc
Zane Bennett
1200 Porters Neck Road
Wilmington, NC 28405
5.1
Futch Creek
03020302
Agent: Southern Environmental Group Inc.
David Scibetta
5315 S College Road
Suite E
Wilmington, NC 28412
Nearest Town Wilmington
River Basin Onslow Bay
Coordinates Latitude: 34.29499
Longitude: -77.76469
Location description: Project area is located north of Hummingbird Lane in the Plantation Village subdivision in Wilmington,
New Hanover County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B.
Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
® The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/16/2019. We strongly

SAW-2002-00287
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Wilmington, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or
Rachel.A.Capito(a usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 02/04/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 04/04/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
CAPITO.RACH ELAN N.1 Olelranr.g".a q-
�7 CAPITO.PACHELANN.153627090
Corps Regulatory Official: 536276790 Date:2020n2.04 1404:5505'00'
Date of JD: 02/04/2020 Expiration Date of JD: 02/02/2025

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
i
Applicant: Plantation Village Inc Zane Bennett File Number: SAW-2002-00287 Date: 02/04/2020
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑ PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION
SECTION I - The following identifies your rights and options regarding an administrative appeal
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
E
of the above decision.
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
signature on the Standard Permit or acceptance of the LOP means that you accept the permit
rights to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of
you may appeal the declined permit under the Corps of Engineers Administrative Appeal
it to the district engineer for fmal
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
this form and sending the form to the division engineer. This form must be received by
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify
date of this notice, means that you accept the approved JD in its entirety, and waive all
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under
Administrative Appeal Process by completing Section II of this form and sending the form
approved JD or provide new
the Corps within 60 days of the
rights to appeal the approved JD.
the Corps of Engineers
to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
to the Corps regarding the
JD (which may be appealed),
for further consideration by the
by contacting the Corps district for further instruction. Also you may provide new information
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your
proffered permit in clear concise statements. You may attach
objections are addressed in the administrative record.)
reasons for appealing the decision or your objections to an initial
additional information to this form to clarify where your reasons or
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
review of the administrative record, the Corps memorandum for the
information that the review officer has determined is needed to
Corps may add new information or analyses to the record.
the location of information that is already in the administrative
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Rachel Capito
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
If you only have questions regarding
also contact:
Mr. Phillip Shannin, Administrative
the appeal process you may
Appeal Review Officer
South Atlantic Division
CESAD-PDO
U.S. Army Corps of Engineers,
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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): 02/04/2020
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Plantation Village, SAW-2002-00287
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project area is located north of Hummingbird Lane in the
Plantation Village subdivision in Wilmington, New Hanover County, North Carolina.
State: NC County/parish/borough: New Hanover City: Wilmington
Center coordinates of site (lat/long in degree decimal format): Lat. 34.29499 , Long. -77.76469
Universal Transverse Mercator:
Name of nearest waterbody: Futch Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03020302
® 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): 9/20/19
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defmed 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 are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defmed 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):1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (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: 251.5 linear feet, wide, and/or acres.
Wetlands: 0.15 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
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:
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
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).
3 Supporting documentation is presented in Section flLF.

The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section IILA.1 and Section Ill.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections Ill.A.1 and 2
and Section III.D.1.; otherwise, see Section Ill.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent 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 fmding 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 IILB.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: 10497 acres
Drainage area: 42.48 acres
Average annual rainfall:53.4 inches
Average annual snowfall: 2 inches
Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2tributaries before entering TNW.
(b)
Project waters are 1-2river miles from TNW.
Project waters are 1 (or less)river miles from RPW.
Project waters are 1-2 aerial (straight) miles from TNW.
Project waters are 1-2 aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Wetlands flow through onsite ponds into
Tributary stream order, if known:
General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
® Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain: Tributaries of Jinny's Branch have been channelized
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West.
'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.

()
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth: 3 feet
Average side slopes: Vertical (1:1 or less).
Primary tributary substrate composition (check all that apply):
❑ Silts
❑ Cobbles
❑ Bedrock
❑ Other. Explain:
® Sands
❑ Gravel
❑ Vegetation. Type/% cover:
❑ Concrete
❑ Muck
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable
Presence of run/riffle/pool complexes. Explain: None
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
(c) Flow.
Tributary provides for. Intermittent but not seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime:
Other information on duration and volume:
Surface flow is: Confmed.Characteristics:
Subsurface flow. Unknown. Explain fmdings:
❑ 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
❑changes in the character of soil
❑ shelving
❑vegetation matted down, bent, or absent
❑ leaf litter disturbed or washed away
❑sediment deposition
®water staining
❑other (list):
❑ Discontinuous OHWM.' Explain:
❑ the presence of litter and debris
❑ destruction of terrestrial vegetation
❑ the presence of wrack line
❑ sediment sorting
❑ scour
❑ multiple observed or predicted flow events
❑ abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑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):
Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water is clear, but there may be some runoff from nearby residential homes
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width):
❑Wetland fringe. Characteristics:
❑Habitat for.
❑ Federally Listed species. Explain fmdings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain fmdings:
® Aquatic/wildlife diversity. Explain fmdings: Provides habitat for amphibians and birds
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.

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:Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow. Pick List. Explain fmdings:
❑ 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 Pick Listriver miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
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 type/percent cover. Explain:
❑ Habitat for.
❑ Federally Listed species. Explain fmdings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain fmdings:
❑ Aquatic/wildlife diversity. Explain fmdings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
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 food webs?
• 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:
1. Significant nexus fmdings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
fmdings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus fmdings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain fmdings 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 fmdings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain fmdings 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):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: 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-
® 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: Previous determinations have showed an intermittent flow from the wetland to the onsite ponds. Also based on
lidar data and site visit information.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 251.5 linear feet wide.
®Other non -wetland waters: 0.15 acres.
Identify type(s) of waters:
Non-RPWs8 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, wide.
▪ Other non -wetland waters: acres.
Identify type(s) of waters:
4. 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:
'See Footnote # 3.

®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: Previous determinations have showed an intermittent flow from the wetland to the onsite ponds. Also
based on lidar data and site visit information.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. 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 [INTERSTATE 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):1°
❑ 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:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
▪ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL 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
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑ Lakes/ponds: acres.
9To complete the analysis refer to the key in Section I I.D.6 of the Instructional Guidebook.
10Prior 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.

▪ 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 fmding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑ 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: Kirkland 1-24k
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey New Hanover County
❑ 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): 2016 NC OneMap Orthoimagery
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:

Plantation Village
Impact Map

map
Plantation Village
Soils Map

Property Line
Project Area
Approx. Wetlands, Potentially Isolated - 0.15 ac.
Approx. Ditch
0 30 60 120 180 240
Feet
1 inch = 120 feet
Map Source: 2016 NCOneMap Orthoimagery,
Soil Survey of New Hanover Co.
01171911111
if fiadto
Soils Map
Plantation Village
Wilmington, New Hanover Co., NC
3/8/2019 018-156.01
Wild Dunes Cir

Plantation Village
USGS Quad Sheet

Property Line
Project Area
Approx. Wetlands, Potentially Isolated - 0.15 ac.
Approx. Ditch
0 250 500
1,000
1,500
1 inch = 1,000 feet
Map Source: USGS Topo Maps,
7.5' quadgrangle, 1:24k scale
2,000
Feet
USGS Topo Map
Plantation Village
Wilmington, New Hanover Co., NC
3/8/2019 018-156.01
3799
17`30'
3797

Plantation Village
Endangered Species Information

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2021-SLI-2280
Event Code: 04EN2000-2021-E-04699
Project Name: Plantation Village
September 23, 2021
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

09/23/2021
Event Code: 04EN2000-2021-E-04699 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at [e-mail].

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Event Code: 04EN2000-2021-E-04699 3
Attachment(s):
• Official Species List

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Event Code: 04EN2000-2021-E-04699 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

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Event Code: 04EN2000-2021-E-04699 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-2280
Event Code: Some(04EN2000-2021-E-04699)
Project Name: Plantation Village
Project Type: DEVELOPMENT
Project Description: Residential Development
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@34.2947534,-77.76518369944588,14z
Counties: New Hanover County, North Carolina

09/23/2021
Event Code: 04EN2000-2021-E-04699 3
Endangered Species Act Species
There is a total of 17 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus
There is final critical habitat for this species. The location of the critical habitat is not available.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https://ecos.fws.gov/ecp/species/4469
STATUS
Threatened
Threatened

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Event Code: 04EN2000-2021-E-04699 4
Birds
NAME
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10477
STATUS
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https://ecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Reptiles
NAME
Threatened
Threatened
Threatened
Endangered
STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened)
Green Sea Turtle Chelonia mydas Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/1110
Endangered
Endangered
Threatened

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Event Code: 04EN2000-2021-E-04699 5
Snails
NAME
Magnificent Ramshorn Planorbella magnifica
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6216
Insects
NAME
STATUS
Candidate
STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3281
Candidate
STATUS
Golden Sedge Carex lutea
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6025
Rough -leaved Loosestrife Lysimachia asperulaefolia
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8549
Endangered
Endangered
Endangered
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

Plantation Village
State Historic Preservation Office Information

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Local districts & boundaries
Local individual resources & centerpoints
Local Landmark
Local Landmark, Gone
Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
Surveyed in NRHD
Surveyed Only, Gone
Surveyed in NRHD, Gone
Blockface- Multiple properties
Blockface in NRHD
Surveyed Area, No designation
Surveyed Area in NHRD
1:36,112
0 0.25 0.5
1 mi
0 0.4 0.8
1.6 km
New Hanover County, State of North Carolina DOT, Esri, HERE, Garmin,
INCREMENT P, NGA, USGS
North Carolina State Historic Preservation Office
New Hanover County, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS