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HomeMy WebLinkAbout20140634 Ver 1_401 Application_20140614June 12, 2014 NCDENR, Division Of Water Quality 401 Wetlands Unit Attn. Jennifer Burdette 1611 Mail Service Center Raleigh, NC 27699 -1611 RE. Pre - Construction Notification For NW -18 108 Hall Effect Lane Mc Kinney Driveway Onslow County, North Carolina USACE Action ID: SAW- 2013 -01380 Dear Ms Burdette, Environmental, Geothermal & Well Drilling Enclosed is one copy of the NW -18 PCN for your review and a copy of the following has also been forwarded to Joanne Steenhuis at the Wilmington Regional Office Enclosed are the following documents for your review; Complete Pre - Construction Notification (PCN) Form Copy of the USACE Notification Of Jurisdictional Determination Landowner Authorization Form Figure 1 USGS Site Vicinity Map Figure 2 Site Soils Map Figure 3 Site Wetlands Map Figure 4 Site Aerial Photos Figure 5 Proposed Wetland Impact With House Site Location Figure 6 Proposed Culvert Design (Prepared By Nathan King) Figure 7 Site Photographs (By Nathan King) Deed and Property Records If you need any additional information or have any questions please do not hesitate to call me at (910)270 -2919 or email me at corn ettefc@ya hoo com Sincerely, Ellen F. Cornette Wetland Specialist /Project Geologist Enclosures M Mr Nathan King, with enclosures Mr. Troy McKinney Applied Resource Management, P C. P. 0. Box 882, 257 Transfer Station Road, Hampstead, NC 28443 910.270.2919 Fax 910.270.2988 A to y June 11, 2014 Brad Shaver, Regulatory Specialist US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 -1343 RE- 108 Hall Effect Lane Mc Kinney Driveway Onslow County, North Carolina USACE Action ID- SAW- 2013 -01380 Dear Mr. Shaver, Environmental, Geothermal & Well Drilling We are currently requesting the permitting of a driveway crossing at the above referenced property The enclosed are the following documents and figures to support the application for a USACE Nationwide 18 crossing permit: Complete Pre - Construction Notification (PCN) Form Copy of the USACE Notification Of Jurisdictional Determination Landowner Authorization Form Figure 1 USGS Site Vicinity Map Figure 2 Site Soils Map Figure 3 Site Wetlands Map Figure 4 Site Aerial Photos Figure 5 Proposed Wetland Impact With House Site Location Figure 6 Proposed Culvert Design (Prepared By Nathan King) Figure 7 Site Photographs (By Nathan King) Deed and Property Records If you need any additional information or have any questions please do not hesitate to call me at (910)270 -2919 or email me at corn ettefc @yahoo corn Sincerely, F. Cornette Wetland Specialist /Project Geologist Enclosures cc* Mr Nathan King, with enclosures Mr Troy McKinney Applied Rcoouroe Management, P C. P. 0. Box 882, 257 Transfer Station (load, Hampstead, NC 28443 910.270.2919 Fax 910.270.2988 20 1 406 3 Office Use Only Corps action ID no 4 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 ❑X Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? X❑ Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply) M 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification X❑ Yes ❑ No For the record only for Corps Permit ❑ Yes ❑X 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 1 h below FRI 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 Troy McKinney Driveway 2b County Onslow 2c Nearest municipality / town Maple Hill y 2d Subdivision name Hall Effect D 2e NCDOT only, T I P or state project no 3 Owner Information 3a Name(s) on Recorded Deed Troy McKinney LU 1-f 3b Deed Book and Page No 3-72% 5 (eS L7 , -OVA 3c Responsible Party (for LLC if applicable) rB 3d Street address 124 Stoney Creek Drive 3e City, state, zip Jacksonville, NC 28540 3f Telephone no 910 - 330 -9939 3g Fax no 3h Email address Page 1 of 10 PCN Form — Version 1 4 January 2009 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5. Agent /Consultant Information (if applicable) 5a Name Ellen Cornette 5b Business name (if applicable) Applied Resource Management, PC 5c Street address P O Box 882 5d City, state, zip Hampstead, NC 28443 5e Telephone no 910 - 270 -2919 5f Fax no 910 - 270 -2988 5g Email address cornettefc @yahoo com Page 2 of 10 B. Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 312A -6 lb Site coordinates (in decimal degrees) Latitude 34 67895 Longitude -77 58649 1c Property size 1421 acres 2. Surface Waters 2a Name of nearest body of water to proposed project UT to Sandy Run Swamp 2b Water Quality Classification of nearest receiving water C Sw 2c River basin NE Cape Fear HUC 003030007 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 Site is cleared with a wetland drainage way between the cul -de -sac and uplands Area is surrounded by early successional pine forest farm field, and swamp forest 3b List the total estimated acreage of all existing wetlands on the property 0 75 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 80 3d Explain the purpose of the proposed project Install a driveway with a culvert to access the house site 3e Describe the overall project in detail, including the type of equipment to be used The proposed impact is to install a driveway to access the house Approximately 1425 sq ft is to be impacted with the installation of a gravel /soils back D 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior pha ses in the past? ❑X Yes ❑ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary X❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Dave Bailey Other USAGE 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 8/1/2013 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes X❑ No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes X❑ No 6b If yes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts 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 Headwater Wetland No Corps 0 032 W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes /No W6 Choose one Choose one Yes /No 2g Total Wetland Impacts- 0 032 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 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 1 4 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 indivi ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 Choose one Choose O2 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 T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 Yes /No B2 Yes /No B3 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 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The area for the crossing has been designated in the narrowest portion of the wetlands In addition the water line will be installed in the driveway impact to prevent additional disturbance to the wetlands 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques During construction silt fencing will be installed to prevent sedimentation and additional impact outside of the proposed driveway fill impact Also the water line will be installed in the driveway impact to avoid additional disturbance 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 ❑X 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 El Payment to in -lieu fee program ❑ Permittee 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 - riparian 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? E] Yes QX 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 1 5 6f Total buffer mitigation required- 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b 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? 2b Does this project require a Stormwater Management Plan? ❑ 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 2e Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review N 3a In which local government's jurisdiction is this project? NA ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review //A []Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) ❑Session Law 2006 -246 ❑ Othe r 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached 5 DWQ 401 Unit Stormwater Review F ..(i►rlyyv,c.�1�A+: dr�f� 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January 2009 F Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1 a Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes X❑ No use of public (federal /state) land? lb 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 El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered 'yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter) Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑Yes ❑X 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 El 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 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 On -site wastewater disposal through and septic system permitted by Onslow County Environmental Health Section Page 9 of 10 PCN Form — Version 1 4 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 ❑X 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? P-J .l U✓L�� -�.L ate_ 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? PWre a) eGd an L t , vv . :5t 4 & dA-4"&4c o 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? Ellen Cornette 06 -02 -2014 Applicant/Agent's Printed Name Applicant/Agent's Ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 I ✓ I i� U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2013 -01380 Counq: Onslow U.S.G.S. Quad: Haws Run NOTIFICATION OF JURISDICTIONAL DETERMINATION Propene Owner: Troy McKinney Addmss: 124 Stony Creek Drive Jacksonville, NC 28540 Property description: Size (acres) 14.21 Nearest Town Jacksonville Nearest Watenvay UT to Sandy Run Swamp River Basin Northeast Cape Fear USGS HUC 03030007 Coordinates 34.6"78950N -77.586490\V Location description: The property located at 108 Hall Effect Lane near Maple Hill. Onslow Counit, North Carolina. Parcel # 312A -6 The PROJECT AREA includes the southeastern quadrant of the parcel approximately 3.5 acres in size. comprised of cleared hind and an area of recentiv abandoned crop land as shown on the attached "Waters of the US Field Skcich." Indicate Which of the Following Applv: A. Preliminary Determination Based on preliminary infontlation, 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 bti the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative ,'Appeal Process ( Reference 33 CFR Part B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the pennit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clc.an 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 fire years from the date of this notification. There are waters of the U.S. including wetlands on the abov e described project area subject to the permit requirements (if Section 404 of the Clean Watcr Act (CWA)(343 USC § 1344). Unless there is a change in the law or our published regulations. this detennination inay be relied upon for a period not to exceed five rears frorn the date of this notifientioii. We strongly suggest you have the waters of the U.S. including wetlands on , our property delineated. Due to the size of our property andor cur present \Norkload, the Corps may not be able to accomplish this wetland delineation in a timel} manner. For a more timely delineation. you may \ +ish to obtain a Consultant. To be considered final. any delineation must be verified bti the Corps. X The N\ aters of the U.S. including wetlands on your project area have been delineated and the delineation has been \erilied by the Corps. \Ve sirongl suggesl you hale this delineation surveyed. Upon completion, this sure\- should be re\ ietred and verified by the Corps. Once verified. this sun'e.; will provide an accurate depiction of all areas subject to C \\'A jurisdiction on your property �N hieh, provided there is no change in the lair cr our published regulations, nlaN be relied upon fora period not to c�ceed five \,ears. The wetlands have been definlateJ and s,me%ed end are iccuraiely depicted on the plat signed b'\ t1w Corps Regulmory t ?f!icial identified bckm on _. Unless there is a change in the lave Cyr our published reguL :tions. this dc.,rrn:irtation ma\ be relied upcm for a period not to esLred fike N:ars front the date of this notification. _ "Hi re are no eaters ofthe U.S., to include k\etlands. p:escrt on the above described project area k0lich are subject to Tile permit reauil- elllellt: Of Section 404 of the Clean \\ ater Act 13, t_'Sl 1344). Unless there is a change in the law or our published regulatiots. this determination maN be relied upon Cor a period not to exceed li\e \ears front the date of dais notification. Pagc 1 cif Z X The property is located in one of (LAMA) You should contact th their iequirements Placement of dredged or fill material constitute a violation of Section 301 determination andlor the Corps regul Dai id.E.Baile) 20)usace armv.mil. C. Basis For Determination Traditionally Nari2able 2/2612013 and 8/1/2013• D. Remarks are annroximated on the atta E. Attention USDA Procra e 20 Coastal Counties subject to i egulation under the Coastal Area Management Act Division of Coastal Management to Wilmington. NC. at (910) 395 -3900 to determine ithin wafers of the US and;oi ttetlands tttthout a Department of the Army permit may the Clean Water Act (33 USC & 131 1) If,,ou have any questions regarding this pry program, please contact N1 r. Day id E. Bader at (910) 251 - 4469 J v .n the iwsi wetiana ueimeanon manual and t I ttabutar,,,(UT) to Sand-, Run S,,ianip, a seat amp (RPM and Holly Shelter Creek (RMI 'his determination is based on field vet ificatii US within the PROJECT AREA iNere f1ar.,R ure entitled "Waters of the US Field Shetch Participants This deIineationldetermination has been conducted to idennfy the limits of Corps Clean W'ater act Jurisdiction for the particular site dentified. in this request The deimeationldeteimination rna� not be �and for the wetland conservation piov,sions of the Food Security Act f 1935 if you or your tenant are USDA Progiam participants, of anticipate participation in USDA programs you should requ st a certified wetland determination fiorn the local office of the Natural Resources Consei t aeon Set Vice pi for to start ui tt•oi Ic i F. Appeals Information (This information applies only to approi ed Jut isdictional determinations as indicated in B. abot e) This correspondence constitutes an a proved jurisdictional determinattun for the above desci ibed site If }ou object to this determination, you may request an administrant e appeal under Corps regulations at 33 CFR part 331 Enclosed you it ill Find a Notification of 1ppeal Process (NAP)tfact sheet and request for appeal (RFA) form if } ou request to appeal this ceterminarion ou must submit a cot> pleted RFA form to the follott ing address US Aiiny Corps of Engmeei South Atlantic Dit isum Attn Jason Steele Ret Jett �C)fficer 60 Fors�_th Stt eet S \ill Room! l 01\415 Atlanta Geoigta 303034M `I In older for an RFA to be accepted bI the Corps. the Corps roust dctcimtne that it is complete that it meets the ctrtei to rot appeal,under 33 CFR part 331 5 and that it has been rece,t ed b\ the Distl ict Office within 60d.-Ns of the date of the NAP Shoula 1 o decide to submit an RFA form ,t must be receit ed at the above address by September 29. 2013 It IS E,01 necessdry to submit an RTP.� foiin to the D,sti ct Ofliee if tou d0 not Obilect to the detetminat on in this coiresp,mderce — Corps Regulatott' Offic ial Date August 1, 2013 E-,,puation Date August 1. 2018 1'7C 07? 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Tioy 'Mchiimn File Number SAW -2013 -01380 Date August 1, 2013 Attached is, i I See Section below- INITIAL PROFFERED PER1\11T (Standard Permit or Letter of permission) A ❑ PROFFERED PEWIT (Standaid Pet Ili of Letter of pet ill issIoil) B ❑ PERI\11T DENIAL I I C Ell APPROVED JURISDICTIONAL DETEWINATION D ❑1 PRELIMINARY JURISDICTIONAL DETERN11NATiON E SLCTION° I; fT +1le�fglloivu5g''ideutifie'_s= otir "rightsaiid:''a` "tl "' ' "` Ql "!•'f 1' Y,' ° S "`r [ pns.regardih ,an,adniniistratl�e appeal,o the above,deci ldn:�, d�ii. i'. ;, . *fP perT i bv, ,, ,a ,M Y ;!.`,•" +' 4 ,� Additional nforinatron'�na r dathttp:h��ww usace!`arm� iu "of f +,• "' % r' ry ., } Y,�_ tnciionsJc vJcecwoire tp,`y' t +t• ,i' I , I'i a,,, G:, ti��•1 , ti`�: +,i Iii„ ai, s'fcs i? -�r'- s:+niv;l4; tr4 ' :"`, i nli•,� - +d r 'sN ,n, i_ z; 7ta (,l; St ,;i, r4_t x' ,z' ' lgli'.�pt I (` i� "S'� ilh:':i�iF S S s r' : jr; ti�l�`'ll•li'�'M; ` Cor" s 'remtlatioilsat33,CERj,Part331, i I 's•-•` a .It r4` - - "s`. ."f : +i v !._ +" l' '�'�, ` +i,i' i,� u,• t., l Ih. ',A wi`• =: n'�''A.; A: INITIAL PROFFERED PERMIT: You Ina- accept or object to the permit. I ACCEPT If you recet\'ed a Standard Permit. you nla} sign the pct nlii document and return It to the district engmeei for final authoilzation if you iecei\ed a Letter of Permission (LOP) \ou may accept the LOP and your work is authorized Your sicnature on the Standaid Peinmt or acceptance of the LOP means that ; ou accept the permit In Its entirety. and \\an•e all tights to appeal the permit, lncludIng its terms and condnioils. and applo,ed j Lit lsdictlonai deternl trial lolls associated with the pelnlit I OBJECT if you object to the permit (Standaid or LOP) because of certain terns and conditions thelem, you nlaN request that the peinl,t be modified accoidlrl21N' You must complete Selllon 11 of this for nl and Ieturn the folnl to the dlsuict cn -nleer Your objections must be ilecel\ ed by the district engineet \\ lthin 60 claN s of the date of this notice, or 1 ou \\ Ill folfett your 11-aht to appeal the pelllllt In the future Upon lecelpt Of�our lertet. the district engineer \\ill evaluate your objections and ma. (a) nlodifv the permit to address all of N our concerns; (b) nlodif r the permit to address some of � out objections. or (c) not modify the perillrt haNing detetnuned that the pelmet should be Issued as ple�rousl\ vNimen After , e ,. aluating our objections. the distllct engineer v. 111 send ;:ou a proffered pet nut for ,+our icconsiderauon. as indicated In Section B below ! B PROFFERED PERMIT You may accept or appeal The permit • ACCEPT If xou ieeened a Standard Pelilllt, you nlav stun the permit document and ieturn n to the district engineer tai final authoilzation If you recei\ ed a Letter of Permission (LOP} you may accept the LOP and vour work IS authori zed. )'out slznatule on the Standaid Peimtt or acceptance ofthe LOP means that %ou accept the permit in its enthety and «ake all n,,,bts to appeal the petmlt mcludIna Its lei ins and condltloiltz and appro\ed l Lit isdlcuonal cletelmmations associated \\ till the Pei rift • APPEAL- if you choose to decline �Iie pioffeied pelmiT (Standard of LOP) because of certain terms and conditions theicm )ou Ina\ appeal the declined pelnul under the Corps ofEncmeers ldministiatl,e Appeal Process b,, completing Section 11 of this icum and Sending, the form to the division en +zlneei This 101 111 must be ieceived b\ the dig ision en'guleer N\ Rhin b0 CIT"S of the date of illls notice C PE-RNIIT DENIAL You ma\ appeal the denial ofa peillllt Undrl the Coips of Ell- Ineers Adininlsliative Appeal Process b\ completing Section II ofthis fotnl and se the form to the dI`, ision en2ineel 7hts io +m must be iecel\ed b }'the do tstnn cllgIn,'ei \\ Rhin b0 da \S of the daTe OfihtS Ilutice 1 D APPROVED JURISDICI -10\,,'AL DEIERNl11\,ATiON 1'ou nla\ accept cll a1)II0,11 the appio\ed JD of 1- no\Ide r'e\\ Infolin"111oll o Al CEPT You do hot need to nutif) the Corps to accept an applo\ed JD FadUle to notify the Coips within 60 da,•s o ' the date of this notice. beans that \ ou xcept the applo\ed ID m Its enmeli\ and \,al\ e all l ights to ollpeal the ahpio\ed ID • APPEAL if Nou chsa2leC Auh the alimo\'ed JD )OLI maN , rppeal The ahploved ID udder the Coips of Engtnccls - admwistiam e Appeal Pr -.Celts b\ completlil'.Z CecllClll 11 of ibis l' tin .+lid SeI1011l`- the f01111 To the disil lcl ell'`Illeel 11115 iUlnl mu,-t he ieceived b \' lllc del isioli C11L'lI1C c1 \\ Ithi -1 60 davS of till C1,11C CI 1111� notice Q1 E: PRELIMINARY JURISDICTIONAL DETERMINATIONi- You do not need to respond to the Corps regarding the prehrninar) JD The Prehminary JD is r of appealable If you ',N ish, you may request an approved JD (which maybe appealed) by contacting the Corps district for further Instruction Also ; ou may proN ide new information for further consideration by the Cot ps to reevaluate the JD i _ _ s "--i = 117�0-k-6 S)JCTION'II ' -RE VEST% FOR AP -PEABJEG'TIONS TOAN = �= REASONS FOR APPEAL OR OBJECTIONS- (Describe) our reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements You may attach additional information to this form to clarify where } our reasons or objections are addressed in the administrative record ) i ADDITIONAL- INFORMATION The Appeal is limited to a ieview of the administrative record, the Corps memorandum for the iecoid of the appeal conference or meettriu. and an) supplemental information that the review officer has determined is needed to claitf) the admintstlative record Neither the appellant nor the Corps may add new mforiration or anal\ses to the record er, you may pioN rde additional information to clarify the location of information that is ah-ead) in the admmistiatt. e record POINTT OF CO,NTACTFFOR QUESTIONS ORINIFORMATION , ' - If .ou have questions regarding this decision and /or the If you only have gtiestions regarding the appeal process you may also appeal piocess ) ou may contact i contact Distiict Engineei,NN�ilmington Regul tor} Division, Mr Jason Stecle. Adnnnistra'wve Appeal ReNie� %, Officei attn: DaN id E. Bailey, Regulatory Specialist CESAD -PDO Wilmington ReQulatorN Field Office US Army Coi ps of Engineers, South Atlantic Dn ision 69 Darlington A,%enue 60 Fors)-th Stiect Room IOM15 Wilmington, North Carolina 28403 Atlanta Georgia 30303 -£801 Phone (404) 562 -5137 RIGHT OF ENTRY Your signature belb%� giants the i ight of entn' to Col ps of Engineers peisonnet. and any gover11111ent coml- dtantS, to conduct in\ estigatrons o the project site dui 1119 the course of the appeal piocess You n ill be proN ided a 15 daN notice of an %. site inbestigranon, and «tl�11llaye the oppoi tunit\ to parTici ate in all site Investigations V I Date 1 Telephone number Srvnatul e of appellant or agent For appeals on Initial Proffered Pci mits send this form to: it Disti ict Engineer, �N ilnunbton 11e6ulatory Din ision arm DaN id E Bailey. Regulator-, Specialist, 69 Dal Itngton Ati enue. Wilmington, forth Carolina 23403 For Permit denials. Proffered Permits and approved Jurisdictional Determinations send this form to: i Division Engineer, Commander, li.S. Army Engineer Dii ision South Atlantic, Attn. NIr. Jason Steele. Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Strcet. Room IOM15, Atlanta. Georgia 30303 -8801 Phone: (404) 562 -5137 4 j& . — —,b - I - – �;. 7—r "w": — 7;,717ki W:L Uplands #kp N-IT OMM23 Ar '914 z- Af Ak, 4H.L1 IL tj Parcel Boundary 4 j& . — —,b - I - – �;. 7—r "w": — 7;,717ki W:L Uplands #kp N-IT OMM23 Ar '914 z- Af Ak, 4H.L1 IL tj 9 4 'dATF (DU 20 1 406 34 Office Use Only: Corps action ID no. DWQ project no Form Version 1 3 Dec 10 2008 Pre- Construction Notification (PCN) Form Troy McKinney driveway 2b. A. Applicant Information Onslow 1. Processing Maple Hill 1a. Type(s) of approval sought from the 0 Section 404 Permit ❑ Section 10 Permit Hall Effect 2e Corps: 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? 0 Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): r3b. Deed Book and Paae No j ❑ 401 Water Quality Certification - Regular ❑ Non -404 Jurisdictional General Permit i 3c. Responsible Party (for LLC if ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: I because written approval is not required? Certification: 24 Stony Creek Drive NR - i ❑ Yes ❑ No ❑ Yes 0 No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes No of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. - -- — _4 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h I 0 Yes ❑ No below. 11h. is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No 2. Project Information 2a. Name of project: Troy McKinney driveway 2b. County. Onslow 2c. Nearest municipality I town: Maple Hill 2d. Subdivision name: Hall Effect 2e NCDOT only. T.I P. or state project no: _ 3. Owner Information 3a. Name(s) on Recorded Deed: Troy McKinney r3b. Deed Book and Paae No j �,1{�\ Q i 3c. Responsible Party (for LLC if _ applicable): _ I h d Street address: 24 Stony Creek Drive NR - j 3e. City, state, zip: Jacksonville NC 28540 3f. Telephone no.. 910 - 330 -9939 .;g. t-ax no.: 3h. Email address: Page I of 10 PCN Form - Version 1 3 December 10 2008 Version a FA i B. Project Information and Prior Project History 1 Property Identification 1a Property identification no_ (tax PIN or parcel ID) 312A -6 1 b Site coordinates (in decimal degrees) Latitude 34 678950 Longitude - 77 58649 (DD DDDDDD) ( -DD DDDDDD) 1c Property size --14 21 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to UT to Sandy Run Swamp proposed project 2b Water Quality Classification of nearest receiving water C Sw 2c River basin- Northeast Cape Fear HUC 003030007 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 Site is cleared land with a wetland drainage way between cul -de -sac and uplands Areas is surrounded by early successional pine forest, farm field, and swamp forest 3b List the total estimated acreage of all existing wetlands on the property —0 75 ac within project area 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 80 linear feet of UT to Sandy Run Swamp within project area 3d Explain the purpose of the proposed project Driveway access to future site of residential dwelling 3e Describe the overall project in detail, including the type of equipment to be used 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property 1 ❑Yes [_1 No El Unknown project (including all prior phases) in the past? Comments SAW- 2013 -01380 4b If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c If yes who delineated the jurisdictional ai eas? Agency /Consultant Company USACE Name (if known) David E Bailey Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 8/1/2013 5 Project History 5a Have permits or certifications been requested or obtained for I ❑ Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail accciding to "help file' instructions 6. Future Project Plans 6a Is this a phased project? ❑ Yes X No 6b If yes, explain i Page ;of10 PCN Form — Version 1 3 December 10 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other specify 4b Name ? 4c Business name (if applicable) 4d street address 4e City, state, zip 4f Telephone no zg Fax no zh Email address S. Agent/Consultant Information (if applicable) 5a Name 5b Business name (if applicable) 5c Street address 5d City, state, zip 5e Telephone no 5f Fax no j 5g Email address Pace 2 of 10 PCN Form — Version 1 3 December 10, 2005 Version I C Proposed impacts Inventory i 1 Impacts Summary 11a Which sections were completed bEfow foi your project (check all that apply) ' ❑ 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 2b 2c 2d 2e Wetland impact Type of jurisdiction 12f number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) I (acres) Temporary T VJ1 P F1 T Fill Headwater Forest E] Yes ® No ® Corps ❑ DWQ Ilk W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ ❑P ❑T ❑ Yes ❑ Corps W4 0 N El DWQ UV5 ❑ P ❑ T II I ❑ Yes ❑ Corps I ❑ No I ❑ DWQ W6 ❑ P F-1 T ; El Yes E:1 Corps I ❑ No ❑ DVVQ 2-. Total )4etland impacts 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) prcpesed on the site, then complete this question for all stream sites impacted. °a 3b 3c, 13d 3e 3f 3g Stream impact Type of impact I Stream name Perennial Type of jurisdiction Average Impact number - ; (PE-R) er (Corps - 404, 10 stream length Permanent (P) or i intermittent DVVQ - non -404, width (linear Temporary (T) I (INT)? other) (feet) feet) S1 ❑P ❑T ❑PER ❑ INT ❑ Corps ❑ DWQ I S2 ❑P ❑T El PER ❑INT El Corps ❑DV\rQ S3 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 F-1 P F-1 T E:1 PER ❑ 1NT I El Corps ❑ DWQ I S5 ❑P ❑T ❑ PER ❑ Corps I ❑INT ❑DVVQ I ❑ PER I ❑ Corps S6 ❑ . P ❑ T j I ❑ INT j ❑ DVVQ =}t Total stream and if ibutat N impacts 3f Comments Page 4 of 10 PCN Form - Version 1 3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d. 4e Open water i Name of waterbody i impact number — I (if applicable) Type of impact Waterbody type I Area of impact (acres) Permanent (P) or Temporary T 1 01 ®P ❑ T ��aP andaw Over I Fill wit k and concrete bl I (imp uo dment) x 15' = 0 02 ❑ P ❑ T P nd nea I I with bri k and concr e block Pond x 15' 0 0 W ccamaw ever (imp undment 03 ❑ P ❑ T Pond n ar /—@Ccama Rfv I Fill with bn .an concrete block PO (impoundment) = 2 00 2 LX/1 04 ❑P ❑T 4f. Total open iiatei impacts 4g Comments Each fill area is a separate eroding area along the pond edge 5. Pond or Lake Construction If pond or lake construction proposed the complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feed Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated I Flooded I Filled Excavated Flooded P1 I j P2 I I 5f. Tolal 5g Comments 5h is a dam hiah hazard permit required ❑ Yes ❑ No If yes, permit ID no I 51 Expected pond surface area (acres) i 151 Size of pond veatershed (acres) 5k Method of construction i Page 5 of 10 PCN Form — Version 1 3 December 10, 2008 Version CFO 6. Buffer Impacts (for DWQ) I i If project will Impact a protected riparian buffer, then complete the chart below If yes, then Individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other Project is in which protected basin? I ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 7 69 i Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem ora T impact re uired? B1 ❑P ❑T I ❑Yes ❑ No El B2 ❑P ❑T ❑Nos ❑Yes E33 ❑P ❑T i ❑ No 6h Total buffer impacts 61 Comments, D Impact Justification and Mitigation i 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project 1 1 b Soecifically describe measures taken to avoid or minimize the proposed impacts tnrough construction techniques 2 Compensatory Mitigation for Impacts to Waters of the U S. or Waters of the State 2a Does the project require Compensatory IUiiticiation for ❑ Yes ❑ No impacts to Waters of the U S or k�raters of the State? %U If) es rutlsaiion is required by' (check all that apply) I ❑ DVVQ ❑ Corps I I i ❑ Mitigation bank 2c If yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program prcject? I ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) i Type i Quantity Pace 6 of 10 PCN Form — Version 1 3 December 10 2008 Version 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached i ❑ Yes 4b Stream mitigation requested linear feet i 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian 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 pennittee responsible mitigation plan, provide a description of the proposed mitigation plan 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 ❑ 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 Z011t 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 I 3 (2 for Catawba) Zone 2 I 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration payment into an approved in-lieu fee fund 6h Comments Page 7 of 10 PCN Form — Version 1 3 December 10, 2008 Version 4 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) i 1 Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes No within one of the NC Riparian Buffer Protection Rules? 1b If yes, then is a diffuse flow plan included? If no, explain why Yes ❑ No Comments j 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? % 2b Does this project require a Stormwater Management Plan? I ❑ 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 ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ D \NQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this protect? ❑ Phase II ❑ NSW 3b Which of the folio✓ ✓mg locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed i ❑ Other i 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes [J No attached? -4. DWQ Stormwater Program Review ❑ Coastal counties ❑ H Q \N 4a Which of the following state - implemented stormwater management programs apply ❑ ORW j (check all that apply) ❑ Session Law 2006 -246 ' I I ❑ Other 41) Has Lhe approved Stormwater Management Plan with rioof of approval been ❑ Yes E] No attached? ch 5. i DWQ 401 Unit Stormwater Review d Does the Stormwater Management Plan n-ieet the appropriate requirements % El Yes ❑ No F50b Have ai of the 401 Unit submrttal,requirements been met? F-1 Yes ❑ No Page 8 of 10 PCN Form — Version 1 3 December 10 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 12 Does the project involve an expenditure of public (federal /state /local) funds or the Yes No use of public (federal /state) land? lb If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter ) ❑ Yes ❑ No Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ZNo or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after- the -fact permit application? ❑ Yes K] 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 Q 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 desciiption 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 This project will generate no wastewater Page 9of10 PCN Form — Version 1 3 December 10, 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this protect occur in or near an area with federally protected species or ❑ Yes M No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes Q No impacts? ❑ Raleigh 5c If yes indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program NHEO GIS database, no species or habitat indicated 6. Essential Fish Habitat (Corps Requirement) ' 6a Will this protect occur in or near an area designated as essential fish habitat? ❑Yes ❑ No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Site is in a far inland portion of Onslow County 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this protect occur in or near an area that the state, federal or tribal Governments have designated as having historic or cultural preservation ❑ Yes Z No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPOWES 8. Flood Zone Designation (Corps Requirement) 8a Will this protect occur in a FEMA - designated 100 -year floodplain? ❑ Yes /1 No 8b If yes explain how protect meets FEMA requirements 8c What seurce(s) did you use to make the fioodplain determination? Applicant/Agent's Printed Name Date ApplicanUAgent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided ) Page ] 0 of 10 PCN Form — Version 1 3 December 10, 2008 Version Landowner Authorization Form 1. the undersigned, a duly authorized owner of record of the property identified below. do hereby authorize representatives of the Wilmington District, U S. Army Corps of Engineers (Corps) to enter upon the property herein described for a period, not to exceed 365 days from the date of this instrument, for the purposes of conducting and /or approving the following action(s) associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 ❑ Jurisdictional determination and delineation of the boundaries of Waters of the U.S. ❑ Inspection and investigation of potential unauthorized activity(s). A Inspection and evaluation of the property as a potential stream and /or wetland mitigation project. 8 Other (specify) Approve Permit for Driveway construction I further authorize C. Nathan King of KINC4 Building Co, Inc. {insert name of agent/consultant} (insert name of company) to act and communicate on my behalf, and to take all necessary steps to facilitate the above referenced actions to be conducted by representatives of the Wilmington District, U.S. Army Corps of Engineers Legal Description of Property: County• Onslow Deed Book: 3723 Page 9: 565 Parcel ID Number- 075059 Owner of Record (please print): Troy D. & Laura B. McKinney Parcel Street Address: 108 Hall Effect Ln Maple Hill, NC 28454 This authorization also specifically includes the right of ingress and egress on other adjoining lands of the 0-4 ner not described above, provided such ingress and egress is necessary and not otberMse conveniently available to the Corps. I hereby certify the above information to be true and accurate to the best,of my knowledge Owner's Signatur � V Date 21 Oct 2013 Owner's Signature Date Owner(s) Address (if different from above): Owner(s) Telephone Number: Version 5.2013 124 Stoney Creek Dr Jacksonville, NC 28540 910- 330 -9939 44 NOTES: USGS Topographic Quadrangle, "Haws Run, NC," 2013 Contour Interval = 5' TITLE: FIGURE: Applied Kcoource USGS Site Vicinity Map Management, C. JOB: SCALE: DATE: DRAWN BY: Hampetead,NC2&443 14065 1" = 1,000' 4/29/14 EFC Adapted from the Onslow County GIS website. TITLE: FIGURE: Applied Resource Site Soils Map Management, P C. JOB: SCALE: DATE: DRAWN BY: 2 Hampstead, NC 28443 14065 1" = 200' 4/29/14 EFC Adapted from the Onslow County GIS website. TITLE: FIGURE: Applied KeSOUrce Site Wetlands Map Management, P. C. JOB: SCALE: DATE: DRAWN BY: 3 Hampstcad,NC254�43 L 14065 1" = 200' 4/29/14 EFC �ROI �o V�m a 0 AREA NOT EVALUATED PROJECT AREA k BOUNDARY C; Ile VS if UPLANDS f 1' WETLANDS Estimated Impact Area With Fill With Concrete Drive -137'x 15' (2,056 sq. ft. = 0.04717 acres) -q I 41 UPLANDS Culvert Installed N to Allow Flow A to UT to Sandy Run Swamp e"I On- NOTES: Adapted from plot plan prepared by Weston Lyall, PE, PLS, PLLC dated 4/15/14 and Waters of the US Field Sketch SAW-2013-01380 for Troy McKinney Property prepared by Dave Bailey, USACE. TITLE: FIGURE: Proposed Wetland Impact Applied Kleoource� With House Site Location P C. JOB: SCALE: DRAWN BY: Ham,-ot--3d,,N' 2-5443 14065 1" = 100' 6/2/14 EFC C; Ile Estimated Impact Area With Fill With Concrete Drive -137'x 15' (2,056 sq. ft. = 0.04717 acres) -q I 41 UPLANDS Culvert Installed N to Allow Flow A to UT to Sandy Run Swamp e"I On- NOTES: Adapted from plot plan prepared by Weston Lyall, PE, PLS, PLLC dated 4/15/14 and Waters of the US Field Sketch SAW-2013-01380 for Troy McKinney Property prepared by Dave Bailey, USACE. TITLE: FIGURE: Proposed Wetland Impact Applied Kleoource� With House Site Location P C. JOB: SCALE: DRAWN BY: Ham,-ot--3d,,N' 2-5443 14065 1" = 100' 6/2/14 EFC r g FFECTACERS FECTLN, L NC 1 CLIENT.TROY MCKINNEY 4 BEACH RESORT HOMES OF TOPSAIL ISLAND LLC M-ay.n by 13 ENERAL CONT RACTOR C. NATHAN KI h13 J. NATHAN KING or 71� LL PLAN: LAMEILLEUREVIE 4 w SQUARE FEET 'L LL J w W w; > C {� W u Li W I1' I- (� Ci w Li co O C 2 z w a� L ! Q N C) � � U O D- a W O N J L- C Q o �a C) Z U) co 0 m o n U LL i W r w J v� V �w Z 101nn n�, nnv,J V � ae _ lzz V Q Page 1 C3 This deed presented to The O 0451 O e Dare 1 "fta W" , ' an 'aZp s reanved "3M Deael ^"Nny DWI -a rnt Fixer M Hey, t be PW by *a deli f This instrument prepared by: FRANK W. ERWIN, ATTORNEY RETURN TO: DAN RI220, ATTORNEY ftglllflgql��ql �u�l�i�lggq�lql�l Doc ID• 009549360003 Type, CRP Recorded 02/10/2012 at 12.49 48 PM Fee Amt: $188 00 Pape 1 of 3 Revenue Tax: $180.00 On slow County NC Rebecca L. Pollard Reg. of Deeds 3723 Pe565 -567 3 Index Description: LOT 6 HALL EFFECT ACRES AND PART OF LOT 8, MB 53 PG 2 Tax Stamps $ 160.00 Tax Parcel # File # R17294 NO TITLE SEARCH REQUESTED OR MADE: NO CLOSING UNDERTAKEN: NORTH CAROLINA WAIRRANTY DEED ONSLOW COUNTY THIS DEED, made this 8 tb day of FEBRUARY 2012, by and between FOSE PROPERTIES, LLC, hereinafter called Grantors, whose mailing address is 8 Bayview Drive, Jacksonville, NC 28540, and TROY D. MCKINNEY AND WIFE, LAURA B. MCKINNEY hereinafter called Grantee, whose permanent mailing address is The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of that certain lot or parcel of land situated in _ ACKSONVILLY Township, ONSLOW County, North Carolina and more particularly described as follows: ERWIN & S[MPSON Attorneys, PLLC - Telephone (910) 455 -I8 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 Book: 3723 Page, 1977 - Current; 565 Seq: 1 Book 3723 Paqe 565 Paqe 1 of 3 Page 2 of 3 4 Tract E 1 j Being all of Lot 6 as shown on that plat entitled "FINAL PLAT HALL EFFECT ACRES" as recorded in Map Book 56, Page 223, Onslow County Registry. ty � try. 3 Tract 11: Being all of Lot 8 as shown on that map recorded in Map Book 53, Page 27, Onslow County Registry, less and except, however that portion of Lot 8 conveyed by and described in that deed recorded in Book 2923, Page 491, Onslow County Registry, same being the remaining parcel of Lot 8 and constituting approximately 5 acres. Together with and subject to a 15 foot access easement lying along, parallel to and 15 feet east of the dividing line between Lot 7 and Lot 8, said lots shown on that map recorded in Map Book 53, Page 27, Onsiaw County Registry, and described in that deed recorded in Book 2923, Page 491, Onslow County Registry. TO HAVE AND TO HOLD the aforesaid lot orpancel of land and all pfivdeges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the said premises in fee simple, has the right to convey the same in fee simple, that.title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Restrictive and Protective Covenants as recorded in Book 3137 , Page 676 and amendments thereto, ONSLOW County Registry IN WITNESS WHEREOF, as the above date, Grantor (whether person, corporation, limited liability company, general partnership, limited partnership, or other entity) has signed this instrument in the ordinary course of business, by the signature(s) below if its duly authorized representative(s), as the act of such entity. ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455 -1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 2 Book: 3723 Page, 1977 - Current: 565 Seq: 2 Book 3723 Page 565 Page 2 of 3 Cr Page 3 of 3 N/A If initWed,;the property includes the primary residence of at least one of the Grantors, otherwise, note as N /A. (per NC GS§ 105 -3172) FOSE PROPERTIES, L C BY: lz:� D0 FOSE, MANAGER Onslow County North Carolina I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated above: DONALD FOSE, MANAGER. (Official Sea]) My commission expires: la a `t' -t Notary Public R.IDEEDSI WDSTND .FRM(010593)0813021REV010506 K \FOSBWDMASTER.wpd cLY \\\I\ It Kl rD /� y _A N0TgRf to A ,at IC av` xjll'�' ERWIN & SIMPSON Attorneys, PLLC - Telephone (910) 455 -1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 3 Book 3723 Page 565 Page 3 of 3 Book: 3723 Page, 1977- Current: 565 Seq: 3