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HomeMy WebLinkAbout20131097 Ver 1_401 Application_20131013jouthern E-nvironmental Group, Inc. 5515 South College KoaJ, Suite E • Wilmington, North Carolina 28412 9 10.452.271 1 • Fax: 910.452.2899 • office@segi.us • www.segi.us 2O ► 3 109 7 10 October 2013 Hand Delivery [SEGi Project #: 13- 017.011 Mr. Chad Coburn Division of Water Quality 401 Unit WiRO 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Pre - Construction Notification Isolated Wetland Permit 316 Marlboro Street, Wilmington, New Hanover County, North Carolina Dear Chad, Southern Environmental Group, Inc. (SEGi) has been retained by RPP Holdings LLC (herein referred to as "Applicant ") to submit the attached Pre - Construction Notification (PCN), in order to obtain the NC Division of Water Quality's approval to use IWP10000, at 316 Marlboro Street, in Wilmington, New Hanover County, North Carolina, in order to fill an isolated wetland located within the property boundaries. The Applicant will be leasing the property to Progress Builders LLC, who is proposing to construct an apartment complex. The fill is necessary to facilitate the construction of the multi - family complex with associated infrastructure and amenities. The impact is anticipated to be 0.169 acre. In order to meet city and state building requirements, such as open space, parking, stormwater and buffer requirements, avoidance and/or minimization is not possible. Due to the fact that impact is less than 1 acre, mitigation for the impact is not being proposed. It is my sincere hope that the information found within and attached to this correspondence will allow the DWQ to process the approval request and the authorization will be issued. However, if you find you need additional information, please do not hesitate to contact me at 910.452.2711 or email me at dlutheranna,se i.us. As always, thank you for your time and for assistance with this project. We look forward to hearing from you. Sincerely, / Dana A. Lutheran Project Manager Enclosures: 13 Attachment 1 — Pre - Construction Notification and Accompanying Attachments `� ra„1 / Cc: Ms. Laurie Dennison — NC DWQ 401 Oversight Raleigh (4 copies with filing fee) Af�zc� /�mert� / oho( vd a rF9pG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: IWP100000 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑X Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X 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 ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑X Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X❑ No 2. Project Information 2a. Name of project: 316 Marlboro Street (See Appendix A) 2b. County: New Hanover County 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: RPP HOLDINGS LLC (See Appendix B) 3b. Deed Book and Page No. 5751/0091 3c. Responsible Party (for LLC if applicable): Mr. Jonathan Washburn 3d. Street address: 1403 Commonwealth Drive, Suite 102 3e. City, state, zip: Wilmington NC 28403 3f. Telephone no.: 910- 352 -2846 3g. Fax no.: NA 3h. Email address: Jonathan @JWWashbum.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent Q Other, specify Leasee 4b Name Brett Callaghan 4c Business name (if applicable) Progress Builders LLC 4d Street address 709 North Main Street 4e City, state, zip Aynor, SC 29511 4f Telephone no 843 458 3348 4g Fax no NA 4h Email address BCallaghan @progressbuildersllc com 5. Agent/Consultant Information (if applicable) 5a Name Dana Lutheran (See Appendix C) 5b Business name (if applicable) Southern Environmental Group, Inc 5c Street address 5315 South College Road, Suite E 5d City, state, zip Wilmington, NC 28412 5e Telephone no 910.452 2711 5f Fax no 910 452 2899 5g Email address duutheran@segi.us Page 2 of 10 B. Project Informabon and Prior Project History 1 Property Identification la Property identification no (tax PIN or parcel ID) R05506- 001 -025 -000 1 b Site coordinates (in decimal degrees) I Latitude 34 236222 Longitude -77 895278 1 c Property size 6951 acres 2 Surface Waters 2a Name of nearest body of water to proposed project Smith Creek 2b Water Quality Classification of nearest receiving water Burnt Mill Run 2c River basin Cape Fear (03030005) 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 site is undeveloped and is mostly wooded Land use in the vicinity is heavy industrial, commercial services, office and institutions, regional business and multi - family residential 3b 'List the total estimated acreage of all existing wetlands on the property 0 1693 3c 'List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 3d Explain the purpose of the proposed project The purpose of the project is construct a mufti- family apartment complex with associated parking, infrastructure and amenities (See Appendix D) 3e Describe the overall project in detail, including the type of equipment to be used The project will entail clearing and grading the rand to meet the desired elevations Four buildings are proposed 3 apartment buildings and amenities 'H 4 Jurisdictional Deteminations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property I project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown, Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary Final 4c If yes, who delineated the jurisdictional areas? (dame (if known) David Sabetta Agency /Consultant Company Southern Environmental Group,l Other 4d if yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Yes, a jurisdictional determination was issued on 6/1942013 indicating there were no Waters of the US within the property boundaries However, there is one pocket of isdated (non -404 wetlands) located on the northeastern portion of the property (See Attachment 5) S. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes 0 Ito ❑ Unknown 5b NA if yes, explain in detail according to 'help file' instructions 6. Future Project Plans 6a Is this a phased project? ❑ Yes © No 6b NA If yes, explain Page 3 of 10 PCN Form — Version 14 January 2009 C Proposed Impacts Inventory 1 Impacts Summary 1a Which sections were completed below for your project (check all that apply) ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland Impacts proposed on the site, then complete this question for each wetland area Impacted 2a Wetland Impact number Permanent (P) or Temporary T 2b Type of Impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of Impact (acres) W1 P Fill Small -Basin Wetland Yes DWQ 01693 W2 - choose one Choose one Yes /No W3 - choose one Choose one Yes /No W4 - Choose one Choose one YeslNo W5 - Choose one Choose one YeslNo - W6 - Choose one Choose one YesIND 2g Total Wetland Impacts 01693 2h Comments See Attachment 4 for details 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 Stream Impact number Permanent (P) or Temporary (T) 3b Type of Impact 3c Stream name 3d Perennial (PER) or Intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h Total stream and tributary impacts 31 Comments Page 4 of 10 PCN Form — Version 14 January 2009 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 indiv ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (d applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the 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 P1 Choose one P2 Choose one 5f Total: 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) 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. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet 61 Yes/No B2 - Yes/No 63 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h Total Buffer Impacts: 61 Comments Page 5 of 10 D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Due to the fact that the feature is relatively small and the developer's need to project guidelines, such as open space, parking and buffer requirements, avoidance and/or minimization is not possible lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques 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 Q 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 E] Payment to in -lieu fee program ❑ Perm, ittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one 'Quantity Quantity Quantity 3c Comments 4 Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non- npanan wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 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 buffer mitigation? Yes ❑X No 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 Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 15 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) 6h Comments Page 7 of 10 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 0 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 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 52% 2b Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the ,plan The project consists of approximately 696,960 square feet of impervious surface area Stormwater will be designed to meet Phase 11 storinwater requirements The engineer anticipates submitting the application the during the week ending 18 October 2013 2e Who will be responsible for the review of the Stormwater Management Plan? City of Wilmington 3 Certified Local Government Stormwater Review 3a in which local govemments jurisdiction is this project? City of Wilmington 0 Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed 0 Other high density 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q 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 ❑ Yes ❑ No attached? 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? Yes No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes Q 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 [3 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 DWO Wetland Rules (I 5A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes Q No or Riparian Buffer Rules (15A NCAC 26 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 ❑X 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 This prgect will not result in additional development that would impact downstream water quality Should additional development be proposed in the future, water quality concerns would be addressed through the stormwater permit process 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 Wastewater will be treated by the CFPUA Page 9 of 10 PCN Form — Version 14 January 2009 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes Q No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c If yes, indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The subject property is located within the city limits of Wilmington, NC The site has been maintained over the years SEGi did not observe any endangered species or designated critical habitat during their wetland delineation 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © �No r6b What data sources did you use to determine whether your site would irmpact'Essential Fish Habitat? NC Marine Fisheries snaps 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governnnents have designated as , having historic or cultural preservation Yes ❑.No status (e g Historic Trust designation or ,properties significant in North Carolina history and archaeology) 7b What data sources did you use to detenmine whether your site would impact,histonc or archeological resources? See NC State Hastonc Preservation Office documentation attached 8 flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑X 'No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? FEMA FIRM Maps Dana A Lutheran Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only tf an authorization letter from the applicant is provided Page 10 of 10 OL Jawido Exca/. may: r; c r-m Fn 414 Ny lemn Eg E3 F3 9 4 X q4 TT Zip - E� a 4ft 10/9/13 Prof de ► Sales Residential Commercial Msc improvements Permits Land Values Agricultural Sketch Full Legal Exemptions Sub- parcel(s) Info Original Parcel Info Parcel Map New Hanover County j4p ,n"z „(, c Owner Address Parcel ID Advanced PARID: R05506- 001 - 025 -000 RPP NOLDINGS LLC 316 MARLBORO ST Sales Sale Date Sale Price Grantee Grantor Book Page Sale Price $5,350,000 00 Grantee Kale Y 02- JUL -13 $5,350,000 RPP HOLDINGS LLC LONGLEY SUPPLY 5751 0091 487695 D -Deed Stamps (Unverified) Book COMPANY Page 14- FEB -11 WILMINGTON CITY OF LONGLEY SUPPLY 5545 2305 459670 VACANT Sale Flag COMPANY STEB 29- AUG-06 WILMINGTON CITY OF LONGLEY SUPPLY 5072 925 409556 Special Warranty Add. Reason COMPANY Add Price 01- MAR -85 $843,000 LONGLEY SUPPLY ATLANTIC LAND IMP CO 1282 1856 170432 COMPANY 01-MAY-54 $0 ATLANTIC LAND IMP CO * NOT IN SYSTEM" 0526 0151 170431 Sale Details Sale Date 02- JUL -13 Sale Key 487695 Sale Price $5,350,000 00 Grantee RPP HOLDINGS LLC Grantor LONGLEY SUPPLY COMPANY Sale Source D -Deed Stamps (Unverified) Book 5751 Page 0091 Sale Validity U- Unqualified Sale Type VACANT Sale Flag STEB A Instrument # Instrument Type Special Warranty Add. Reason Add Price 5350000 Add Amount 1 of 5 ► etaxnhcgovcorridatalets/datalet asps(? mode = sales& UseSearch= rro& prr-R0550G001- 025- 0008gur= NH&twf= 2013&LMparerrt =20 1/1 5EGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: (69 87A) FERNS] DIE LOT NO. PLAN NO. PARCEL I.D. R05506- 001 - 025 -000 STREET ADDRESS: 316 Marlboro Street Property Owner (please print): RPP Holdings, LLC The undersigned; registered property owner of the above noted property, does hereby authorize Southern Environmental Group. Inc. (SEGi) to act on my behalf in matters regarding areas of environmental concern Property Owner's Address (if different than property above): 1001 College Court New Bern, NC 28263 Telephone: 910- 762 -7793 We hereby certify the above information submitted in pplication is true and accurate to the best of our knowledge. 04/-0,0 f Property Ow er A-uthPA"Idsignatuiq SEGi Authorized Signature O 'a -13 8/1/2013 Date Date Ifflo, ��� ncn;iMrh,G LAND LSE root a.,UN� ° A-LDN DI 1 / ISOLATED LC DG 55/4 Z01LhJ L Mf 4 (CO) c WETLAND A USE MJLl-- FAMI - r ' 4ES�DENiIA- 0.1693 AC � 1 ' I / USX RA11.ROp0 ` � Y MlINT 5LGG 4F! 370G� ! 11 4 \v y Ae39 VICINITY MAP 00 , s � SCALE: NTS 1 O O _ I LEGEND N/_ I f— a+4 4a -31NCS � Lc 20NING iNJ LAiD.SE VACArvi _— � L 400E aLJG rACEM —ER / Z -`- 3500 NO t'- f AM_41CL root ISOLATED WETLAND j / I 2DNING IND LAh) J3� iNac513iAL C ® � G, _ f _ PROGRESS 910 cn PROPOSED ACTIVITY WETLAND IMPACT CLIENT PROGRESS BUILDERS LLC • I �— i ( �\ LOCATION 4055 EMERSON ST WILMINGTON, NC DATE October 1 2013 SHEET 1 of 2 1 JOB NUMBER J - 24436 0000 SCALE 1" = 100' - -- -- - - - - -- lillll_ JQ _ _ - - - - -- - --- - -___- _ _- - - - -- -- -- - - - - - -__ - 1114 T R THOMAS & HUTTON — Engineering I Surveying I Planning I GIS I Consulting 100 0 100 200 o EMERSON STREET ------ ' ' \_ °` 215 South Kerr Avenue • Unit B — — Wilmington, NC 28403 • 910 332 3360 1 INCH = 100 FEET air- 10,)NCS LLC �• I ' � 5" ' L www thomosandhution com Brunswick GA I Columbia SC I Charleston SC ZD 5,5 9. zovlNC ,ND N /F:a - Myrtle Beach SC I Savannah GA V■ / 36� Y � a r �t M / FILL SURFACE 'k y ;fA I AREA = 819 41 S Y qfit ISOLATED WETLAND 0 1693 AC / / / / / / / ////60 30 0 30 60 / cr 1 INCH = 30 FEET ­ 30 I 25 N m N N to M 0 z Q J w 3 L� 0 w c� 0 w Ito _ t0 � M PROPOSED GRADE FILL VOLUME AREA = 1,980 C Y i EXISTING GRADE O 0 M o 10 i 1 +00 WETLAND SECTION A -A STATIONS: 0 +00 - 1 +50 SCALE: HORZ.: 1" = 30' VERT.: 1" = 3' 0 z a J w 3 U- 0 w c� w 1 +50 • 35 30 W LEGEND PROGRESS 910 PROPOSED ACTIVITY WETLAND IMPACT CLIENT PROGRESS BUILDERS LLC LOCATION 4055 EMERSON ST, WILMINGTON, NC DATE October 1, 2013 SHEET 2 of 2 JOB NUMBER J-244360000 SCALE I"=30' HTHOMAS & HUTTON Engineering I Surveying I Planning I GIS I Consulting 215 South Kerr Avenue • Unit [3 Wilmington NC 28403 • 910 332 3360 www thomosondhutton com Brunswick GA I Columbia SC I Charleston SC Myrtle Beach SC I Savannah GA App E U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW- 2006 -00846 County New Hanover US G S Quad Wilmington NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Longley Supply Company Agent: Southern Environmental Group Attn: Ms. Emily Longley Attn: David Scibetta Address 2018 Oleander Drive Address 5315 S College Rd., Suite E Wilmington, NC 28403 Wilmington, NC 28412 Property description Size (acres) —16 Nearest Waterway Cane Fear River USGS HUC 03030005 Nearest Town Wilmington River Basin Cape Fear Coordinates 34.2359 N, - 77.8944 W Location description Property is the northern portion of a 69.87 —acre tract, located at 316 Marlboro Street, New Hanover County, North Carolina. Parcel ID R05506- 001 -025 -000. Indicate Which of the Following Apnly: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process( Reference 33 CFR Part 331) If you wish, you may request an approved JD (which may be appealed), by contacting the Corps distract for further instruction Also, you may provide new information for further consideration by the Corps to reevaluate the JD B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps The wetlands on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA Jurisdiction on your 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 2/26/13 Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X There are no waters of the U.S., to include wetlands, present on the above described property which are subiect 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. Page 1 of 2 X The Property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796 -7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily Hughes at 910- 2514635. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual however, it is not adiacent to a Traditionally Navigable Water of the U.S. This determination is based on information submitted by Southern Environmental Group and a site visit by Emily Hughes on 4/30/2013. D. Remarks Please be aware that this property contains 0.22 acre of non -jurisdictional, isolated wetlands . Please contact the North Carolina Division of Water Ouality at (919) 733 -1786 to discuss the State's regulations and requirements for these waters. It was determined that these wetlands are not bordering, neighboring or contiguous with any jurisdictional waters. E. Attention USDA Program Participants This del ineation/determmation 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 torm to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, 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 8/19/13 * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Date 6/19/2013 Expiration Date 6/19/2018 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http / /per2 nwp usace army mil /survey to complete the survey online Copy furnished NCDENR -DWO Attn: Chad Coburn, 127 Cardinal Drive Ext., Wilmington, NC 28403