HomeMy WebLinkAbout20220914 Ver 1_ePCN Application_20220706Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
7/6/2022
BIMS # Assigned* Version#*
20220914 1
Is a payment required for this project?*
O No payment required
O Fee received
O Fee needed - send electronic notification
Select Project Reviewer*
Robert Tankard:eads\rbtankard
Information for Initial Review
Reviewing Office*
Washington Regional Office - (252) 946-6481
la. Name of project:
COURTESY COPY Red Shed Residential Development
la. Who is the Primary Contact?*
Troy Murphy
lb. Primary Contact Email:*
lc. Primary Contact Phone:*
tmurphy@quible.com (252)491-8147
Date Submitted
7/6/2022
Nearest Body of Water
Pamlico Sound
Basin
Pasquotank
Water Classification
SA
Site Coordinates
Latitude:
35.566923
A. Processing Information
Longitude:
-75.466874
County (or Counties) where the project is located:
Dare
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0Yes ONo
la. Type(s) of approval sought from the Corps:
21 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
I Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
OYes 0No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
I 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
0 Individual 401 Water Quality Certification
18 - Minor Discharges
14 - Linear transportation
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:
tf. Is this an after -the -fact permit application?*
O Yes O No
0 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lh. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
O Yes O No
1j. Is the project located in a designated trout watershed?
Yes 's No
B. Applicant Information
0 Unknown
OYes 0No
OYes 0No
td. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
® Yes 0 No
2. Owner Information
2a. Name(s) on recorded deed:
Red Shed, LLC
2b. Deed book and page no.:
DB 2601, PG 138
2c. Contact Person:
Trip Forman
2d. Address
Street Address
PO Box 472
Address Line 2
City
Waves
Postal / Zip Code
27982
2e. Telephone Number:
(252)305-6596
2g. Email Address:*
trip@realwatersports.com
4. Agent/Consultant (if applicable)
4a. Name:
Troy Murphy
4b. Business Name:
Quible & Associates P.C.
4c. Address
Street Address
PO Box 870
Address Line 2
City
Kitty Hawk
Postal / Zip Code
27949
4d. Telephone Number:
(252)491-8147
4f. Email Address:*
tmurphy@quible.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
lb. Subdivision name:
(if appropriate)
n/a
lc. Nearest municipality / town:
Waves
2. Project Identification
2a. Property Identification Number:
065705094945
2c. Project Address
Street Address
0NCHwy 12S
Address Line 2
City
Waves
Postal / Zip Code
27982
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Pamlico Sound
3b. Water Resources Classification of nearest receiving water: *
SA
3c. What river basin(s) is your project located in?*
2b. Property size:
0.96
State / Province / Region
NC
Country
USA
Pasquotank
3d. Please provide the 12-digit HUC in which the project is located.
030102051505
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 site currently consists of undeveloped uplands and wetlands. Adjacent land uses include single family residences and multi -family units.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
0 Yes ! No 0 Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.26
4g. List the total estimated linear feet of all existing streams on the property:
n/a
4h. Explain the purpose of the proposed project:*
To create work force housing for the Tri-Village area. The proposed wetland fill will be utilized to build three multi -family structures with associated driveway and parking as well as septic to
accommodate the units.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed development includes the fill of 0.24 acres of wetland. 0.09 acres, under a Nationwide 18, is proposed to be filled to accommodate the proposed multi -family buildings and
parking spaces. 0.15 acres of wetland fill, under a Nationwide 14, is proposed to accommodate a driveway to access the proposed development from NC Hwy 12. Dump trucks and skid
steers will be used to fill wetlands and grade the site accordingly. Silt fence will be used to contain fill.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
!Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
! Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A
Corps AID Number:
SAW-2022-00395
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Troy Murphy
Agency/Consultant Company: Quible & Associates P.C.
Other:
0 Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Field approved by USAGE on 03/09/2022. SAW-2022-00935 issued on 06/27/2022.
6. Future Project Plans
6a. Is this a phased project?*
O Yes O 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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
CJ Wetlands O Streams -tributaries
O Open Waters 0 Pond Construction
2. Wetland Impacts
0 Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1
Multi -Family
Units/Parking
P
Small -Basin Wetland
Wetland
Yes
Corps
0.090
(acres)
2
Driveway
P
Small -Basin Wetland
Wetland
Yes
Corps
0.150
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.240
2g. Total Wetland Impact
0.240
2i. Comments:
Site 1 is for a Nationwide 18 permit, Site 2 is for a Nationwide 14 permit.
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:
Uplands were utilized to the greatest extent. Wetland impacts were minimized to only what was necessary to accommodate the proposed development.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence and seeding will be used to contain fill and prevent fill from being displaced.
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
2c. If yes, mitigation is required by (check all that apply):
O DWR U Corps
2d. If yes, which mitigation option(s) will be used for this project?
O Mitigation bank RJ Payment to in -lieu fee program �.)0 Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
O Yes C• No
4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature:
(linear feet)
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested:
(acres)
0.48
4h. Comments
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
0 Yes
If no, explain why:
No riparian buffers are present within the Pasquotank River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
• Yes No
Comments:
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?*
O Yes !i 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 • No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes • No N/A
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 O No
5b. Have you checked with the USFWS conceming Endangered Species Act impacts?*
Yes O No
5d. Is another Federal agency involved?*
0 Yes
5e. Is this a DOT project located within Division's 1-8?
OYes 0No
O No Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NC Natural Heritage Program
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?*
No surface water impacts are proposed.
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 • No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
National Register of Historic Places
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
• Yes No
8b. If yes, explain how project meets FEMA requirements:
This type of development is allowed within the flood zones present, as long as the first floor elevation exceeds the base flood elevation.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood 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
SAW-2022-00395_Red Shed LLC_PJD_27Jun2022.pdf 724.37KB
USGS_RODANTHE.pdf 705.94KB
NRCS_Soil_Map.pdf 555.62KB
P22042-NAT14-18 PLAN-063022.pdf 389.94KB
NC DMS App-Red Shed Residentail Development-070622.pdf 827.94KB
File must be PDF or KMZ
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:
Troy Murphy
Signature
Date
7/6/2022
SAW-2022-00395
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00395 County: Dare U.S.G.S. Quad: NC-Rodanthe
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Red Shed, LLC
Trip Forman
Address: P.O. Box 472
Waves, NC 27982
E-mail: trip(a,realwatersports.com
Size (acres) 1.22 Nearest Town Waves
Nearest Waterway Pamlico Sound River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude: 35.566923
Longitude: -75.466874
Location description: The review area for this Jurisdictional Determination is located in Waves, Dare County, NC, on the east
side of NC 12 between Cecils Cottage Road and Lances Way. The site totals 1.22 acres and contains 0.26 acres of wetlands.
Indicate Which of the Following Apply:
A. Preliminary Determination
0
There appear to be 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 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 3/23/2022. 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 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
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 wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the 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 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 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 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 . We strongly suggest you have this
delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
SAW-2022-00395
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. 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.
❑X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 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 Billy W. Standrid2e at (910) 251-4595 or
Billy.w. standridge(a,usace. army.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 06/27/2022.
D. Remarks: The wetlands within the review are depicted on the attached Preliminary JD Exhibit — Pin
065705094945 — NC Hwy 12 South, dated 03/23/22.
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)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHIL IP.A. SHANNIN@USACE.ARMY.MIL
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 Not applicable.
**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 of JD: 06/27/2022 Expiration Date of JD: Not applicable
SAW-2022-00395
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 our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/.
Agent: Quible & Associates, P.C.
Troy Murphy
Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: (252) 491-8147
E-mail: tmurphy(tiuible.com
Q:\2022\P22042\Drawings\P22042—PJD EXHIBIT.dwg 3/23/2022 3:39 PM Tmurphy
NOTE: THIS DOCUMENT IS PRELIMINARY — NOT FOR CONSTRUCTION,
RECORDATION, SALES OR CONVEYANCES — THIS DOCUMENT IS FOR
DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS
DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY.
ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS
BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY.
QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE
COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE
FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE
USE OF THIS INFORMATION.
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1ETLANDS LINE
FIELD APPROVED BY
USAGE ON 03/01/2022
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TOTAL LOT AREA: 53.160.7 SF (1.22 AC.)
TOTAL UPLANDS: 41,951.1 SF (0.96 AC)
TOTAL WETLANDS: 11,209.6 SF (0.26 AC.)
NC License#: C-0208
THIS MAP IS NOT A
CERTIFIED SURVEY
AND HAS NOT BEEN
REVIEWED BY A
LOCAL GOVERNMENT
AGENCY FOR
COMPLIANCE WITH
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
s
Applicant: Red Shed, LLC, Tr)) Forman File Number: SAW-2022-00395 Date: 06/27/2022
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
I - The following identifies your rights and options regarding an administrative appeal
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
E
of the above decision.
x
SECTION
Additional
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
•
signature
rights
•
this
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
on the Standard Permit or acceptance of the LOP means that you accept the permit
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
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
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION: You may accept or appeal the
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 to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMI
REASONS FOR APPEAL OR OBJECTIONS: (Describe your 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 your reasons or
objections are addressed in the administrative record.)
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
officer has determined is needed to
or analyses to the record.
is already in the administrative
information that the review
Corps may add new information
the location of information that
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: Billy W. Standridge
Washington Regulatory Office
U.S Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
If you only have questions regarding the appeal process you may
also contact:
MR. PHILIP A. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: (404) 562-5136; FAX (404) 562-5138
EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL
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: Billy W. Standridge, 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. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 06/27/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Red Shed, LLC, Trip Forman, P.O. Box 472,
Waves, NC 27982
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 0 NC Hwy 12 S / Waves NC /
Dare County, SAW-2022-00395
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area for this
Jurisdictional Determination is located in Waves, Dare County, NC, on the east side of NC 12 between Cecils
Cottage Road and Lances Way. The site totals 1.22 acres and contains 0.26 acres of wetlands.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Dare City: Waves
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.566923 Longitude: -75.466874
Universal Transverse Mercator:
Name of nearest waterbody: Pamlico Sound
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
▪ Office (Desk) Determination. Date:
▪ Field Determination. Date(s):03/09/2022
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
degrees)
(decimal
degrees)
amount of
aquatic
resources in
review area
resources (i.e.,
wetland vs.
non -wetland
waters)
which the aquatic
resource "may be"
subject (i.e., Section 404
or Section 10/404)
(acreage and
linear feet, if
applicable
SAW-2022-00395
35.56698
-75.467600
0.26
wetlands
Section 404
Wetlands
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: PJD
package submitted by Quible & Associates, P.C.
Map: Preliminary JD exhibit dated 3/23/2022
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
®Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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: Rodanthe 1:24K
®Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey
❑National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or 0 Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
®Other information (please specify): LiDAR
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
(fraifebt-t)
Signattiljand date of Reguls3tfory tature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtaining the signature is
06/27/2022 impracticable) t /
Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
075° 29' 00.00" W 075° 28' 00.00" W
1 1 1 1 1 I
SINCE 1959
& Associates, P.C.
ENGINEERING * CONSULTING * PLANNING
ENVIRONMENTAL SCIENCES * SURVEYING
Phone: (252) 261-3300
Fax: (252) 261-1260
Web: www.qulble.com
Midgett
Island
Declination
1N *I
MN 10.84° W
North Drain
Aunt Phae&es _{
Marsh
Waves Landi
Davids.. -
Pt � �*
M�geEt
Come
075° 29 00.00" W 1 1 1 075° 28' 00.00" W
Name: RODANTHE
Date: 02/18/22
Scale: 1 inch = 2,000 ft.
Datum: NAD27
075° 27' 00.00" W
SCALE 1:24000
0 1000 YARDS
0 1 KILOMETER
075° 27' 00.00" W
Location: 035° 34' 00.95" N 075° 28' 00.81" W
Copyright (C) 2009 MyTopo
1 MILE
Z
035° 35' 00.0
0
0
0
m
1h
0
0
0
1h
co
co
0
DMS ILF Mitigation Request Statement of Compliance with §143-214.11 & 143-214.20
clinic to G.S. 143-214.111
Prior to accessing the Division of Mitigation Services (DMS), state law requires applicants to
demonstrate compliance with G.S. § 143-214.11 and 143-214.20. All requests MUST include this form
signed and dated by the permit applicant or an authorized agent.
Compliance Statement:
I have read and understand G.S. § 143-214.11 and 214.20 and have, to the best of my
knowledge, complied with the requirements. I understand that participation in the DMS is
voluntary and subject to approval by permitting agencies.
Please check all that apply:
❑Applicant is a Federal or State Government Entity or a unit of local government
meeting the requirements set forth in G.S. 143-214.11 and is not required to
purchase credits from a mitigation bank.
There are no listed mitigation banks with the credit type I need located in the
hydrologic unit where this impact will take place Jlink to DWR Ilsti
EI
EI
o
o
Mitigation bank(s) in the hydrologic unit where the impacts will occur have been
contacted and credits are not currently available.
The DWR or the Corps of Engineers did not approve of the use of a mitigation
bank for the required compensatory mitigation for this project.
This is a renewal request and the permit application is under review. Bank
credits were not available at the time the application was submitted.
Enter date permit application was submitted for review:
Note: It is the applicant's responsibility to document any inquiries made to private mitigation
banks regarding credit availability.
have read and understand the DMS refund Policies j ttpched)
ral here
Sigfrature of Applicant or Agent
7 6/2oz,
Date
Ve, SINea. ii:.evvslickA
Project Name beve-(or.evAA Location
141 Mv'Orki 4ftt)
Printed Name
kilo . -e 1. L
Clear Form
Print Form
DIVISION OF MITIGATION SERVICES (DMS)
IN -LIEU FEE REQUEST FORM Revised 6/30/2019
Complete requested information, sign and date, email to kellv.williamsncdenr.uov , Attachments are acceptable for clarification
purposes (location map, address or lat long is required). Information submitted is subject to NC Public Records Law and may
be requested by third parties.
CONTACT INFORMATION APPLICANT'S AGENT
Save Form
APPLICANT
1. BusinesslCompany Name Quible & Associates P.C.
2. Contact Person Troy Murphy
3. Mailing address
4. City, State, Zip
5. Telephone Number
6. E-Mall Address
Red Shed, LLC
Trip Forman
PO Box 870 PO Box 472
Kitty Hawk, NC 27949 Waves, NC 27982
252-491-8147
tmurphy@quible.com
PROJECT INFORMATION
7. Project Name
8. Project Location (nearest town, city)
9. Lat-Long Coordinates or attach a map
10. County
11. River Basin & 8-digit HUC (link to Map)
Red Shed Residential Development
Waves
35.566923 N,-75.466874 W
Dare
0301020515
12. Project Type
❑ Government
❑✓ Private
13. Riparian Wetland Impact (ac.) (e.g., 0.13)
14. Non -Riparian Wetland Impact (ac.)
15. Coastal Marsh Impact (ac.)
16. Stream Impact (ft.) (e.g. 1,234)
17. Riparian Buffer Impact (sq. ft.)
n/a basin/huc above in #11
18. Regulatory Agency Staff Contacts
USACE: Billy Standridge
Check (.) below if this request is for a:
❑ revision to a current acceptance
pirenewal of an expired acceptance
❑ extension of unexpired acceptance
Project Type: other
Warm
n/a
Zone 1:
n/a
NCDWR:
Other:
n/a
0.24
n/a
Cool
n/a
Zone 2:
n/a
Cold
n/a
By signing below, the applicant is confirming they have
read and understand the DMS refund policy posted at
nceep.net and attached to this form.
Signature of Applicant or Authorized Agent:
Date:
?Aoiteo z e_.
Direct questions to Kelly Williams at 919-707-8915 or kelly:williamsncdenr_gov or to the front desk at 919-707-8976
075° 29' 00.00" W 075° 28' 00.00" W
1 1 1 1 1 I
SINCE 1959
& Associates, P.C.
ENGINEERING * CONSULTING * PLANNING
ENVIRONMENTAL SCIENCES * SURVEYING
Phone: (252) 261-3300
Fax: (252) 261-1260
Web: www.qulble.com
Midgett
Island
Declination
1N *I
MN 10.84° W
North Drain
Aunt Phae&es _{
Marsh
Waves Landi
Davids.. -
Pt � �*
M�geEt
Come
075° 29 00.00" W 1 1 1 075° 28' 00.00" W
Name: RODANTHE
Date: 02/18/22
Scale: 1 inch = 2,000 ft.
Datum: NAD27
075° 27' 00.00" W
SCALE 1:24000
0 1000 YARDS
0 1 KILOMETER
075° 27' 00.00" W
Location: 035° 34' 00.95" N 075° 28' 00.81" W
Copyright (C) 2009 MyTopo
1 MILE
Z
035° 35' 00.0
0
0
0
m
1h
0
0
0
1h
co
co
0
35° 34'6"N
35° 33' 55" N `
457460 457510
woit ambo°
Soil Map —Dare County, North Carolina
I I 1 1 1 I
457560 457610 457660 457710 457760 457810
Map Scale: 1:2,380 if printed on A landscape (11" x 8.5") sheet.
0
35 70
140
Meters
210
Feet
0 100 200 400 E00
Mapprojedion: Web Mercator Conerwordinates: WGS84 Edge tics: UTM Zone 18N WGS84
35° 34' 6" N
35° 33'55"N
USDA Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
2/18/2022
Page 1 of 3
Soil Map —Dare County, North Carolina
MAP LEGEND
Area of Interest (AOI)
n Area of Interest (AOI)
Soils
El Soil Map Unit Polygons
Soil Map Unit Lines
▪ Soil Map Unit Points
Special Point Features
Blowout
031 Borrow Pit
Clay Spot
Closed Depression
• Gravel Pit
Gravelly Spot
▪ Landfill
A. Lava Flow
jda Marsh or swamp
• Mine or Quarry
CO Miscellaneous Water
• Perennial Water
• Rock Outcrop
• Saline Spot
Sandy Spot
Severely Eroded Spot
• Sinkhole
Slide or Slip
o Sodic Spot
Spoil Area
Stony Spot
el Very Stony Spot
Wet Spot
▪ Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
rika Aerial Photography
MAP INFORMATION
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Dare County, North Carolina
Survey Area Data: Version 22, Jan 21, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Data not available.
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
usDn Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
2/18/2022
Page 2 of 3
Soil Map —Dare County, North Carolina
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
CoB
Corolla fine sand, 0 to 6
percent slopes, rarely
flooded
2.8
16.3%
CrB
Corolla-Duckston complex, 0
to 6 percent slopes, rarely
flooded
6.8
39.2%
DtA
Duckston fine sand, 0 to 2
percent slopes, occasionally
flooded
4.0
23.3%
NhC
Newhan-Corolla complex, 0 to
10 percent slopes
3.7
21.2%
Totals for Area of Interest
17.3
100.0%
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/18/2022
Page 3 of 3
•
NOTES: z
1. OWNER: RED SHED, LLC NOTE: THIS DOCUMENT IS PRELIMINARY - NOT FOR CONSTRUCTION, 0 U•a} Cr''‘ N Z
PO BOX 472 RECORDATION, SALES OR CONVEYANCES - THIS DOCUMENT IS FOR a> Z Z
WAVES, NC 27982 LEGEND DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS • m * N.a rn E
DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. c i "cp`" e a'v
2. PIN 065705094945/ PID 014304000 ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS • ^ ,� 5
PROPOSED NATIONWIDE 14 ALL BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. 0 +-4 s''�' v v t M
3. DEED REFERENCE: DB 2601/ PG 138 z C�z w o a N m„®
QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE — V oo N W a�m o
4. PROPERTY ADDRESS: 0 NC HIGHWAY 12 SOUTH ���1 PROPOSED NATIONWIDE 18 ALL COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE O* 3 •• y
WAVES, NC 27982 - -�.A -' "_~ "_•`
FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE V1* v o o
USE OF THIS INFORMATION. 4* M Z W 2 w a w a o
5. THIS IS NOT A BOUNDARY SURVEY. ALL INFORMATION SHOWN °�0 w z = o z
IS BASED ON RECORDED PLATS AND FIELD SURVEY ,.,,o‹ 2
INFORMATION COLLECTED BY QUIBLE & ASSOCIATES P.C. THIS z r 6
IS FOR DISCUSSION AND PERMITTING PURPOSES ONLY. pi w w w m Uo
0,
THIS MAP IS NOT A
CERTIFIED SURVEY
AND HAS NOT BEEN
REVIEWED BY A
TOTAL LOT AREA: 53.160.7 SF (1.22 AC.) LOCAL GOVERNMENT
TOTAL UPLANDS: 41,951.1 SF (0.96 AC) COMPLIANCE WITH
TOTAL WETLANDS: 11,209.6 SF (0.26 AC.) ANY APPLICABLE
LAND DEVELOPMENT
(f) NATIONWIDE 14 FILL: 6,522 SF (0.15 AC.) REGULATIONS.
"-.()/��V NATIONWIDE 18 FILL: 3,973 SF (0.09 AC.)
TOTAL WETLAND FILL: 10.495 SF (0.24 AC.) D
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