Loading...
HomeMy WebLinkAbout20230238 Ver 1_ePCN Application_20230210DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 12/9/2022 BIMS # Assigned* Version#" 20230238 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Holley Snider:eads\hasnider:Holley.Snider@ncdenr.gov Information for Initial Review la. Name of project: COURTESY COPY 2101 Gillette Drive la. Who is the Primary Contact?* David Syster Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 1 b. Primary Contact Email:* lc. Primary Contact Phone:* david.syster@segi.us (910)443-5330 Date Submitted 2/10/2023 Nearest Body of Water Jumping Run Branch Basin Cape Fear Water Classification Sw Site Coordinates Latitude: Longitude: 34.211598 -77.919633 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: 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?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Jenkins Elizabeth H B Trustee 2b. Deed book and page no.: Book 6609 Page 1272 2c. Contact Person: Chris Boney 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 2105 Gillette Dr Address Line 2 City Wilmington Postal / Zip Code 28403 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (910)617-0931 2g. Email Address: * chrisboney@Issp.com 4. Agent/Consultant (if applicable) 4a. Name: David Syster 4b. Business Name: Southern Environmental Group, Inc. 4c. Address Street Address 5315 South College Rd Address Line 2 City Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)443-5330 4f. Email Address: * Dayid.syster@segi.us C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Wilmington 2. Project Identification 2a. Property Identification Number: R06007-004-060-000 2c. Project Address Street Address 2101 Gillette Drive Address Line 2 City Wilmington Postal / Zip Code 28403 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Jumping Run Branch 3b. Water Resources Classification of nearest receiving water: * Sw 3c. What river basin(s) is your project located in?* 2b. Property size: 77 State / Province / Region NC Country USA Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050503 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 is currently an undeveloped residential lot adjacent to an existing golf course. The surrounding land use is recreational (golf course) and residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.06 4g. List the total estimated linear feet of all existing streams on the property: 195 4h. Explain the purpose of the proposed project: * The purpose of this project is to facilitate development of this single family lot. The lot currently has a wetland and stream feature bisecting the lot about midway back from the road. The Applicant has considered crossing the feature and constructing a home on the rear portion of the lot but the building envelope is not large enough due to setbacks and position of the wetland. Thus making this alternative impracticable. The Applicant did consider relocating the stream along the eastern property boundary but based on the existing grades, the slopes would extend too far into the subject property to allow for a viable building envelope. Additionally, the slopes would need to extend into the adjacent property and in too close of proximity to the existing home. For these reasons this alternative is not practicable. The Applicant did also consider relocating the stream to the front of the property. However, this area is much higher in elevation than the existing streambed. The depth of the streambed here would require slopes that extend into the proposed building footprint and thus this alternative is also not practicable. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * In order to complete the project, the Applicant is proposing to fill the existing wetland and pipe the stream across the property. The pipe would begin at or near the eastern property line and extent to the existing tributary to the west. 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 Approved Not Verified Unknown N/A Corps AID Number: SAW-2011-00704 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Christian Preziosi Agency/Consultant Company: Land Management Group Other: Now Davey Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 1-07-2021 6. Future Project Plans 6a. Is this a phased project?* Yes 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): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts 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 Building P Bottomland Hardwood Forest Wetland No Both 0.060 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.060 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.060 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Building Permanent Culvert Stream Perennial Both 4 Average (feet) 190 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 190 3i. Total stream and ditch impacts: 190 3j. Comments: Stream impacts total 190 linear ft, 0.017 acres, and 4.69 yards of material. E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 U la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The Applicant is proposing to direct runoff from built upon area to vegetated areas of the property rather than allowing it flow into the portion of the stream piped or the exiting tributary to the west. This will minimize any secondary impacts to downstream waters from untreated runoff. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The Applicant will utilize best management practices during construction to avoid and minimize secondary impacts to downstream waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project involves impacts to less than 0.10 acres of wetland and 190 If of stream F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Site is within Cape Fear River Basin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes 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 No N/A - project disturbs < 1 acre 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?* 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. All site work will be done in accordance with existing State soil and erosion regulations. BMPs will be implemented throughout the project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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. Home will connect to municipal wastewater 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? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 51. 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 NC Natural Heritage Program Website 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO HPOWEB GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Services Website 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 2101 Gillette Impact Map.pdf 2101 Gillette Dr. Field Sketch 021023.pdf PJD documentation.pdf SEGi Authorization re 2101 Gillette.pdf File must be PDF or KMZ 431.25KB 568.11KB 1.95MB 425.93KB Comments The pipe cross-section and detail drawings will be completed once the Agency comments have been received and the final pipe location is agreed upon. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: David A. Syster Signature Date 2/10/2023 I +, In o -p o Q o E o L Q o m a V m Rif _.QQM _ M_9£,LS, IOS 4 � Approx. Wetlands Property Line Stream 10 ft 30 ft 50 ft Map Source: 2020 NC Statewide Orthoimagery All lines are approximate and should be used for planning purposes only. Field Sketch of Wetlands N 2101 Gillette Drive Wilmington, New Hanover Co., N.C. �I= 2/10/2023 022-225.01 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2011-00704 County: New Hanover U.S.G.S. Quad: NC- Wilmington NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Julia Boney Agent: Land Management Group Address: 2105 Gillette Drive Christian Preziosi Wihnin0on, NC 28403 3805 Wrightsville Ave Suite 15 Wilmington, NC 28403 Size (acres) 0.76 Nearest Town Wilmington Nearest Waterway Cape Fear River River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.211598 Longitude:-77.919633 Location description: Property is located approximately 192 feet northwest of the intersection of Gillette Drive and Ashbrook Drive in Wilmington, New Hanover County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters 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 waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters 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 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2011-00704 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters 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. ❑X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or Rachel.A.0 apito(&usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 01/07/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 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.** CAPITO.RACHEL.ANN.153627 Digitally signed by CAPITO.RACHEL.ANNA 536276790 Corps Regulatory Official: 6790 Date: 2021.01.07 11:03:28 -05'00' Date of JD: 01/07/2021 Expiration Date of JD: Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND 13h REQUEST FOR APPEAL Applicant: Julia Boney File Number: SAW-2011-00704 Date: 01/07/2021 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 ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPermits.aspx or ft 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 final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final 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. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form 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 APPEAMoCTIONS TO AN INITIAL PROFFERED PERMIT Er 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 review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 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 opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 01/07/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Julia Boney, 2105 Gillette Drive, Wilmington, NC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 2101 Gillette Drive, SAW- 2011-00704 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Property is located approximately 192 feet northwest of the intersection of Gillette Drive and Ashbrook Drive in Wilmington, New Hanover County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: New Hanover City: Wilmington Center coordinates of site (lat/long in degree decimal format): Latitude: 34.211598 Longitude:-77.919633 Universal Transverse Mercator: Name of nearest waterbody: Cape Fear River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 1/7/2021 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Trib 34.211743 -77.919818 195 linear feet Non -wetland Section404 (0.06 ac) waters 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 AID 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 AID 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: Map: N Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: N 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: El 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: GIS Mosaic ® Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey New Hanover County ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): NAPP 1998, GIS World Imagery 2016 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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. CAPITO.RACHEL. Digitally signed by CAPITOAACHELANNA53627679 ANN.1536276790 pate:2021.01.0711:03:02.05'00' Signature and date of Regulatory staff member completing PJD 01 /07/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 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. NOTE: All boundaries and distances are considered approximate. This represents a preliminary map prepared from field sketches. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. DP1-UP - i IL. Legend Boundary — 0.76 ac Uplands — 0.70 ac (92%) 4 W.O.T.U.S. (potential stream) — 0.06 ac, —195 If (8%) 0 Data Point t 1 h L. fi � - F iy t I ¢- L:\WETLANDS\2020 WETLANDS FILES\LMG20.140 N --- 2101 Gillette Drive, Charles Boney, Jr\Maps 0 30 60 Boundaries are approximate and not meant to be absolute. Map Source: 2016 NC One Map 2101 Gillette Drive LM G New Hanover Count NC or 120 m Feet y' LAND MANAGEMENT GROUP Section 404/401 Delineation 5/5/2020 a DAVEYAll . company Preliminary Sketch 3805 Wrightsville Avenue CAPITOAACHELANN.Digitally signed by LMG20.140 Wilmin (910)452-0001 ton, NC 28403 CAPITO.RACHEL.ANN.1536276790 g 1536276790 Date :2021.01.0711-02-24-05'00' �j 1 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: TR 1 Charles H Bonev Div LOT NO. PLAN NO. PARCEL I.D. R06007-004-060-000 STREET ADDRESS: 2101 Gillette Drive Wilmin ton NC Property Owner (please print): Jenkins Elizabeth H B Trustee The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): "=pff, , 4" _, M W kAl Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. J';�' - —VOVJ 4� Property Owner Autho ed Signature SEGi Authorized Signature Print Name & - 2 Date David Scibetta Print Name 1-16-2023 Date