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HomeMy WebLinkAbout20221024 Ver 1_ePCN Application_20220727Pre -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: 7/27/2022 BIMS # Assigned* Version#* 20221024 1 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Select Project Reviewer* Holley Snider:eads\hasnider Information for Initial Review Reviewing Office* Wilmington Regional Office - (910) 796-7215 la. Name of project: COURTESY COPY 1206 Swordfish Lane la. Who is the Primary Contact?* Dana Lutheran lb. Primary Contact Email:* lc. Primary Contact Phone:* dlutheran@segi.us (910)228-1841 Date Submitted 7/27/2022 Nearest Body of Water Cape Fear River Basin Cape Fear Water Classification SC Site Coordinates Latitude: 34.02221 A. Processing Information Longitude: -77.90017 County (or Counties) where the project is located: New Hanover 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: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O 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? E Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? OO Yes 0 No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 18 - Minor Discharges le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* O Yes O No O 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 • No B. Applicant Information 0 Unknown OYes 0No OYes 0No ld. Who is applying for the permit? O Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: CB Property Mgmt, LLC 2b. Deed book and page no.: 6547/1187 2c. Contact Person: Bart Gentile 2d. Address Street Address 204 Texas Ave. Address Line 2 Unit 1 City Carolina Beach Postal / Zip Code 28428 2e. Telephone Number: (973)519-3041 2g. Email Address:* btgent998@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Dana Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c. Address Street Address 5315 S College Road Suite E Address Line 2 City Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)228-1841 4f. Email Address:* dlutheran@segi.us C. Project Information and Prior Project History State / Province / Region NC Country US 2f. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) NA 1c. Nearest municipality / town: Carolina Beach 2. Project Identification 2a. Property Identification Number: R09014-008-018-000 2c. Project Address Street Address 1206 Swordfish Lane Address Line 2 City Carolina Beach Postal / Zip Code 28428 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Cape Fear River 3b. Water Resources Classification of nearest receiving water: * SC 2b. Property size: 0.11 State / Province / Region NC Country US 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050704 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The project site is relatively flat, measures 100' x 50', and is located within a densely populated, residential area of Carolina Beach, NC, where housing is in high demand. Vegetation, on the back half of the site, consists of Juncus effusus, while Vitis rotundifolia, Parthenocissus quinquefolia, and Cyperus rotundus can be found on the front half. The project site fronts Swordfish Lane, to the east, single family dwellings, to the north and south, and undeveloped, residential lots, to the west. A very small (i.e., 6") swale extends across the front of the property. 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: 0.054 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a single family dwelling, with associated maintenance corridor, to meet local market demand. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will entail removing woody and herbaceous vegetation, from the proposed limits of disturbance, including 0.046-acre of depressional wetlands, and back filling the area with clean earthen soil. The site will then be graded to ensure that stormwater runoff is either directed toward the remaining wetlands, at the back of the lot, or to the small swale, at the front of the property. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * ,eYes Comments: C No 0 Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary O Approved 0 Not Verified C Unknown 0 N/A Corps AID Number: SAW-2022-01451 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: David Scibetta SEGi 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 07/11/2022 6. Future Project Plans 6a. Is this a phased project?* 0 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? This project has neither received nor is anticipated to require authorizations to make the project feasible, as the project has independent access and utilities. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): O Wetlands C Streams -tributaries O Open Waters C 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* A Lot fill P Pocosin A Yes Corps 0.046 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.046 2g. Total Wetland Impact 0.046 2i. Comments: 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: Prior to designing the project, the Applicant had the wetlands delineated. Once it was determined that wetlands encompass almost half of the project area, the Applicant positioned the house to be on the front yard setback line and limited the fill area, behind the proposed dwelling, to 10' off the back of the structure, for a maintenance corridor. By doing this, the Applicant is avoiding 344 SF (0.008 AC) of wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Prior to land disturbing activities, silt fence will be installed, along the proposed limits of disturbance. The measure will be inspected weekly, to ensure it is operating as intended, and maintained as needed. 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 i No 2c. If yes, mitigation is required by (check all that apply): O DWR O Corps 2d. If yes, which mitigation option(s) will be used for this project? pO Mitigation bank Li Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear UMB 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.20 3c. Comments SEGi has requested a credit reservation letter, from the LCFUMB and for 0.20-acre of non -riparian wetland restoration credit, and will forward upon receipt. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 0 Yes ® No If no, explain why: The project site is not within one of NC's Riparian Buffer River Basins. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* O Yes :• No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes ct No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes O No O N/A - project disturbs < 1 acre Comments: Stormwater runoff will be authorization will be administered by the Town of Carolina Beach. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes • 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. This project will not provide access to currently land locked property and is not part of a planned unit development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0 Yes 0 No 0 N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Town of Carolina Beach 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 • No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes • No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? L Yes • No • No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S OYes 0No 5g. Does this project involve bridge maintenance or removal? 0Yes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ®No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes • No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The project is located within a densely developed area. Thus, further evaluation was not warranted. 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?* The project is not abutting or adjacent to a waterbody that would support EFH. 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?* The project site is not located within an area that has either been designated or is being considered a National Historic Place. Furthermore, there are no structures on the subject property. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes J No 8b. If yes, explain how project meets FEMA requirements: The site is located within the AE12 Base Flood Elevation (BFE) Flood Zone. As required, the house will be elevated so that 2' of freeboard exist between the BFE and any heated space. Additionally, if the bottom is enclosed, break away walls or flow through vents will be incorporated into the house plan. Prior to undertaking land disturbing activities, the Applicant is required to obtain the proper fill/grade and new construction permits are obtained, which will ensure the project is compliant with the town's ordinances and flood requirements. The plan has been submitted to the Town of Carolina Beach, for their review and comment. Once received, it will be forwarded to the Corps. 8c. What source(s) did you use to make the floodplain determination?* New Hanover County GIS Flood Map 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 1206 Swordfish Lan CB PCN Attachments.pdf 1.12MB File must be PDF or KMZ Comments An agent authorization form was submitted previously, with the Preliminary JD Request Packet, and should be relied upon for this permit application. 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: Dana Lutheran Signature Date 7/27/2022 1206 Swordfish Lane, Carolina Beach Pre -Construction Notification Attachments Prepared for: CB Property Mgmt, LLC 204 Texas Ave., Unit 1 Carolina Beach, NC 28428 Prepared by: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 Date: 26 July 2022 1206 Swordfish Ave. PCN Attachments 7-26-22 SEGi Appendices Number Description 1 Parcel Information and Aerial 2 Division of Water Resources Water Classification Map 3 Jurisdictional Determination Packet 4 Site Plan & Wetland Impact Map 5 New Hanover County GIS Flood Map 7/27/22, 10:10 AM PARID: R09014-008-018-000 CB PROPERTY MGMT LLC New Hanover County 1206 SWORDFISH LN (Sales Sale Date Sale Grantee Grantor Price 15-MAR-22 $347,000 CB PROPERTY MGMT LLC RIPPEL PATTI 03-NOV-04 $224,500 RIPPEL PATTI SLEDGE THOMAS 0 JACKIE S 24-JAN-00 $12,000 SLEDGE THOMAS JACKIE SANDY SHORES SUGG PROPERTIES INC 01-AUG-78 $0 SANDY SHORES PROP INC * NOT IN SYSTEM * Sale Details Sale Date Sale Key Sale Price Grantee Grantor Sale Source Book Page Sale Type Sale Validity Sale Flag STEB Instrument # Instrument Type Adj. Reason Adj. Price Adj. Amount Link 15-MAR-22 638741 $347,000.00 CB PROPERTY MGMT LLC RIPPEL PATTI M-Verified via MLS 6547 1187 VACANT Q-Qualified Book PageSale Key 6547 1187 638741 4555 0593 372144 2695 0080 372143 1136 1441 372142 1 of 4 Warranty Deed 347000 Click Here to view the deed for this parcel https://etax.nhcgov.corn/pt/Datalets/PrintDatalet.aspx?pin=R09014-008-018-000&gsp=SALES&taxyear=2022&jur=NH&ownseq=0&card=l &roll=RP&St... 1/1 1206 Swordfish Ave. PCN Attachments 7-26-22 SEGi Attachment 1 1206 Swordfish Ln. Parcel Information and Aerial Approximate Property Limit 1206 Swordfish Ave. PCN Attachments 7-26-22 SEGi Attachment 2 DWR Water Classification Map Sunny Point Army Terminal . RgrP,9�.4 ✓C 4 fi ear nn ry r tfam�lAva eP� ,lk 41,e c4re1I a Sands Dr 'eR:f Ayr Goldsboro Ave /Iran Ave ImUtI.I, Carolina Beach caml;na Beach Lain II Ca rc lino Lake 'noon each Stream Details Legend C Layers 00 00 Surface Water Classifications: Stream Index: 18-(71) Stream Name: Description: Classification: Date of Class.: What does this Class. mean? CAPE FEAR RIVER From upstream mouth of Toomers creek to a line across the river from Snows Point (through Snows Marsh)to Federal Point SC August8, 1981 View River Basin: Cape Fear 1206 Swordfish Ave. PCN Attachments 7-26-22 SEGi Attachment 3 Preliminary Jurisdictional Determination SAW-2022-01451 SAW-2022-01451 Requestor: Address: E-mail: Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01451 County: New Hanover U.S.G.S. Quad: NC -Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION CB Property Management LLC Bart Gentile 204 Texas Ave. Unit 1 Carolina Beach, NC 28428 btgent998(a,gm ail. co m Size (acres) 0.11 Nearest Waterway Atlantic Ocean USGS HUC 0303005 Nearest Town Carolina Beach River Basin Cape Fear Coordinates Latitude: 34.02221 Longitude: -77.90017 Location description: The project area is located at 1206 Swordfish Lane in Carolina Beach. Indicate Which of the Following Apply: A. Preliminary Determination 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 5/27/2022. 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 DATE. We strongly suggest you have SAW-2022-01451 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 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 Brad Shaver at 910-251-4611 or b rad.e.shaver(ausace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 07/11/2022. D. Remarks: This determination was made via desktop. 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 PHILIP.A.SHANNIN@USACE.ARMY.MIL SAW-2022-01451 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.** Digitally signed by Brad Brad ShaverDateer Date: 2022.07.11 16:02:08 Corps Regulatory Official: 04'00' Date of JD: 07/11/2022 Expiration Date of JD: Not applicable 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/. Copy Fumished(electronic): SEGI attn: David Scibetta NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: CB Property Management LLC, Bart Gentile 1 File Number: SAW-2022-01451 Date: 07/11/2022 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 E x SECTION Additional or thg I - The following identifies your rights and options regarding an administrative appeal of the above decision. information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx 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 o CTIONS TO AN INITIAL PROFFERED PERMIT 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: Brad Shaver Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 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: Brad Shaver, 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 1206 Swordfish Ave. PCN Attachments 7-26-22 SEGi Attachment 4 1206 Swordfish Ln. Site Plan & Wetland Impact Map TENNESSE AVE •VE �ft **mow NORTHC4RO��,, III LOCATION MAP NOT TO SCALE NIV LEGEND R/W C/L R/W UGC 0 CO EIR M.B., PG. PROPERTY LINE ADJOINERS LINE CENTER LINE RIGHT OF WAY CONTOURS UNDERGROUND CABLE LOT CORNER CLEANOUT EXISTING IRON ROD MAP BOOK, PAGE TYPICAL 9' x 18' PARK OWNER PER TAX RECORDS: CB PROPERTY MGMT, LLC 204 TEXAS AVENUE, UNIT 1 CAROLINA BEACH, NC 28428 TITLE REFERENCE: D.B. 6547, PG. 1187, M.B. 2 PG. 30, NEW HANOVER COUNTY REGISTRY. U J N 2 0' U” W d m � w m Ce L) D c0 U m PROPOSED 2-STORY TOWNHOME WITH GROUND LEVEL PARKING AND ENCLOSURES PRO. SWALE GRADE TO FRONT BUILDING SETBACKS (R1-WB) FRONT = 20' REAR = 10' SIDE = 7.5' CONTOURS SHOWN HEREON IS FROM AN ACTUAL FIELD SURVEY DATUM: NAVD'88. THE PREMISES SURVEYED IS WITHIN A FLOOD HAZARD AREA (ZONE AE) ACCORDING TO THE FLOOD INSURANCE RATE MAP OF THE TOWN OF CAROLINA BEACH, NEW HANOVER COUNTY, NORTH CAROLINA (COMMUNITY PANEL No. 375347 3130 K, REVISED AUGUST 28, 2018). BASE FLOOD ELEVATION = 10.0', DATUM: NAVD'88. _ L!1 M rsj U N 0 D N 0 O CDN U a LL Ln p o » .,-i Proposed • 0 0 LOD/Limit of Wetland Impact 0 0 0 M 0 z 20°30'00" 5 0.0 0 E 8'0/ 0 c 0 0 77, 10' SE BACK r\ VAC 10' H \ ti.5VI i 1 it :I IIELV L=� c O II ELVJI =—J 8.5 1st- ad FLOOR PORCH /A \ 20' S ACK /\ • P/\,\/N \/ \/ p\ R / \ / \ I / / / \ / \ / \ EIR • L---_W_---_W_ — \It U\ /\ / / / \ / \ :'S VAC a I, STEVEN L. BUIE, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION - SEE TITLE REFERENCES); THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 NCAC 56, 1600), THIS 16th DAY OF MAY , 2022. FOR REVIEW ONLY PROFESSIONAL LAND SURVEYOR L - 3402. MIKEL F LONG U z 0 U z 0 U 1- z O U DB 6327 PG 2769 Avoided Wetland Impact 334 SF/0.008 AC 9 MB 2 PG 30 5000 SQFT GLENN & CARRIE SWANN DB 1446 PG 1783 LOT 11, MB 15 PG 16 Proposed • 815' Wetland Impact N 2002 SF/0.046 AC m / J)L EIR 0 • 9.5 — 36' Tib5 ▪ 10.0 PAVEMENT PRO. SWALE GRADE TO FRONT CARL TROMBATORE DB 6329 PG 2504 LOT 10, MB 15 PG 16 S 20°30'00" W 50.00' 4DITCH 0 0 0' PRO. 6"DIP MATCH DITCH GRADE SWORDFISH AVENUE 20 50' PUBLIC RIGHT-OF-WAY 40 60 11 PORT CITY LAND SURVEYING, PLLC FIRM LICENSE No. P-1493 1144 SHIPYARD BOULEVARD WILMINGTON, NORTH CAROLINA 28412 (910) 791-0080 100' FOR REVIEW ONLY SitePlan Wetland Impact Map 1206 SWORDFISH LANE, CAROLINA BEACH LOT 9, BLOCK 35, WILMINGTON BEACH MAP BOOK 2 PAGE 30 FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY, NORTH CAROLINA 28428 SCALE: 1" = 20' SURVEY DATE: APRIL 28, 2022 PLAT DATE: MAY 16, 2022 Revisions by SEG' 7/26/22 CAD: SLB PROJECT: 22-0217 1206 Swordfish Ave. PCN Attachments 7-26-22 SEGi Attachment 5 New Hanover County GIS Flood Map ri f "�1111� r 1?07�11161116 r Y11131113 NI AIL6 /� 1113 / 11141114 I-11181118 pit} 1212 I4 16 .6 7 '221 1118 7111� 1114 r111. 11 . ' 116 9 {-' ' 18 506 i06 506}� 504 c 502502 500500 1215 * 217 404 404404 507ene- 5_ :•03 0 } 4 214 1216 ±218 cn, 507 do j • 03 1304 r +� CHB 0313 CI CD 'OEM cp co 12131213 "t1213 1212 • 1214 214 11214 `218 �1220 1 • 404104 1g4044402 402402 1222 4Y'. 1' 3. 1108 1110 11191119 1119 306306 306 309 307305 r � JVJ ry fffjjf 1204 12051205 1205 1206 _ 1` 07� '-411,_ `1208 r12091209 12061_ 41 1209 210 '1! 1 211, 120(3 `- 12091209 11209 C. ��3 1214 �1l11`-f 12101�1i + 215 1211;1211 12121212 1216 ; 213_212• +121T 14,21 21521� 218 1217�. 4121r 3f]6 3N )11111111.1217 1217_1218 • 302 3q0 .12160 + 12201221 New Hano 1106. I 1.1 1108 11'� 110 111 112 11 o 1114 1116 1118 304302 302 300 111 1119 r04111, 204 /207