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HomeMy WebLinkAbout20230347 Ver 1_USACE Permit_20230609 (2)Electronic Transmittal U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00342 County: Onslow U.S.G.S. Quad: NC -Kellum GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Continental Ground, Inc. Avery Washington Address: 209 Corey Court Jacksonville, NC 28546 Telephone Number: 910-787-0877 E-mail: averywashington(a)seacoastrealty.com Size (acres) 8.59 acres Nearest Town Jacksonville Nearest Waterway Little Northeast Creek River Basin White Oak USGS HUC 03020302 Coordinates Latitude: 34.7629 Longitude:-77.3046 Location description: The project site is located south of Sparkling Brook Way and north of Running Road within the existing Brookstone subdivision near Jacksonville in Onslow County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material in 0.262 acre of wetland for the Durnose of road construction and some lot develoument for a residential subdivision. These imuacts are considered cumulative with the impacts associated with the original subdivision verification, SAW-2007-00195, that authorized 0.14 acre wetland and 168 LF of stream impact. Including this verification, impacts to date total 0.402 acre. Compensatory mitigation at a 1:1 ratio was purchased for the previous authorization through payment to NC EEP. Compensatory mitigation at a 2:1 ratio is required for impacts associated with this verification, see the attached Mitigation Transfer Form. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 29 - Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 3/2/2023, and the enclosed plans E-1 through E-3 dated 5/5/2023. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Katharine Elks at (910) 251-4567or katharine.b.elks(&usace.army.mil. Katharine Elks Digitally signed by Katharine Elks Corps Regulatory Official: Date: 2023.06.09 15:59:1 s-04'00' Date: 6/9/2023 Expiration Date of Verification: 3/15/2026 Copies furnished by email: Nikki Thomson, Agent Michael Meilinger, NC DWR SAW-2023-00342 Sparkling Book Way SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Continental Ground, Inc., Avery Washington Action ID: SAW-2023-00342 Project Name: Sparking Brook Way, Brookstone subdivision County: Onslow Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020302 — White Oak Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.262 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020302 - White Oak Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.524 Mitigation Site Debited: Bachelors Delight Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Bachelors Delight Mitigation Bank, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 3/1/2023 was included with the preconstruction nntifiratinn_ This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: USACE Field Office: Email: Katharine Elks Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 katharine.b.elks@usace.army.mil Digitally signed by Katharine Elks Katharine E S Date: 2023.06.09 16:00:03-04'00' USACE Project Manager Signature 6/9/2023 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. SITE INFORMATION: LOCATION: SPARKLING BROOK WAY COUNTY: ONSLOW PARENT PIN: 075579 DB/PG: BD 5574, PG 860 ZONING: R-5 ACREAGE: 365,833 SF (8.40 AC) LAND CLASS: RESIDENTIAL MINIMUM BUILDING SETBACKS: SETBACKS SHALL BE OBSERVED ALONG THE EXTERIOR PROPERTY LINES OF THE OVERALL DEVELOPMENT. FRONT SETBACK: 20' SIDE SETBACK: 5' REAR SETBACK: 15, RIGHT OF WAY & OTHER AREAS: NATURAL WETLANDS: 43,398 SF (1.00 AC) LOT ACREAGE: TOTAL NUMBER PROPOSED LOTS: 74 MAXIMUM ALLOWED DENSITY: 20 DU/AC PROPOSED DENSITY: 8.93 DU/AC MINIMUM ALLOWED LOT SIZE: 1,700 SF MINIMUM PROPOSED LOT SIZE: 1,700 SF MAXIMUM PROPOSED LOT SIZE: 2,800 SF (LOT 6) AVERAGE PROPOSED LOT SIZE: 1,749 SF MINIMUM ALLOWABLE LOT WIDTH: 20' MINIMUM PROPOSED LOT WIDTH: 20' IMPERVIOUS AREAS: ROADWAYS / PARKING: 43,644 SF (1.00 AC) SIDEWALKS: 13,310 SF (0.31 AC) LOTS (1,400 SF/LOT): 103,600 SF (2.38 AC) TOTAL ON -SITE IMPERVIOUS AREA: 160,554 SF (3.69 AC) TOTAL ON -SITE IMPERVIOUS PERCENT: 43.89% OPEN SPACE: OPEN SPACE AREA: 114,461 SF (2.63 AC) UTILITY DEMANDS: SEWAGE USAGE: 35,520 GPD 4 BED X 120 GPD/BED X 74 UNITS WATER USAGE: 35,520 GPD 4 BED X 120 GPD/BED X 74 UNITS STREET TYPE SUMMARY: 60' ROW SECTION: 1,350 LF EXISTING LAND USE: VACANT/FORESTED PROPOSED USE: RESIDENTIAL -(MULTI-FAMILY/TOWNHOMES) ll� OWNER: SURVEYOR: CONTINENTAL GROUND INC. STRONG ROCK SURVEYING +GEOMATICS 209 COREY CT. 1600 OLIVE CHAPEL RD., SUITE 140 APEX, JACKSONVILLE, NC 28546 NC 27502 DEVELOPER: 919-801-1104(0) CONTACT: JEREMY TAYLOR, PLS jemmy@sirongrockgroup.wm AVERY WASHINGTON avarywasningtrm@seacoastraa&y.00m ENVIRONMENTAL: 910-787-0877 FIRE UI$TRICT/I$O: SAGE ECOLOGICAL SERVICES 3707 SWIFT DRIVE RALEIGH, NORTH CAROLINA, 27606 PINEY GREEN VFD/5 919-559-1537 CIVIL ENGINEERING: CONTACT: SEAN CLARK scla,k@sago Iogical.wm STRONG ROCK ENGINEERING GROUP, PLLC PO BOX 55992 RALEIGH, NC 27624 COMPANY LICENSE #: P-2166 B84 200.1932 (0) Information@strongmckgroup.com PROGRESS PLOT DATE: 05/5/2023 SHEETINDEX 01 E-1 COVER SHEET 02 E-2 OVERALL IMPACT MAP 03 E-3 IMPACT AREA SPARKLING BROOK WAY STRONGRQ CK JACKSONVILLE, ONSLOW COUNTY, NORTH CAROLINA E N G I N E E R I N G G R O U P E-1 STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 COVER SHEET 01 OF 03 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: SCALE: HORZ 1"=500' T WETLANDS CONSERVATION SILT FENCE/ LIMITS OF /I DISTURBANCE TYP. V 'STONE WAY Qf,PP� PROGRESS PLOT DATE: 05/5/202< LEGEND: EX. MAJOR CONTOURS - - - - - - - EX. MINOR CONTOURS PROP. MAJOR CONTOURS PROP. MINOR CONTOURS EXISTING ADJOINER PROPERTY LINE ROADWAY CENTER LINE - - PROPOSED LOT LINE EXISTING WETLAND rDrT/��■11�J WETLANDS CONSERVATION ROADWAY IMPACT LOTIMPACT o PROPOSED STORM DRAIN LINE PERMANENTIMPACT AREA (SF) LOT IMPACT (SF) 1,739 SF ROAD WAY (SF) 9,672 SF TOTAL PERMANENT 11411 SF WETLAND IMPACT (SF) '�'Ilf GRAPHIC SCALE • / n IN FE1) 1 i = 150 Pt. SPARKLING BROOK WAY STRONGRQ CK JACKSONVILLE, ONSLOW COUNTY, NORTH CAROLINA E N G I N E E R I N G G R O U P E-2 STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 OVERALL IMPACT MAP 02 OF 03 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: SCALE: HORZ 1"=150' � \\ -Sp*D — �. ° G WETLANDS CONSER WA WETLAN ` I 19+ 0 I � i 1 � 1 1 a ° �6+00 - � i � r — 1 15+00�— '��RYTHOMAS LANE( ROADWAY IMPACT— \ I� —�� AREA (9,672 SF) ��f � �T'm 5LILT FENCE ti —I—' / PACT OUTLET (TYP.`)f + _ /I ,i y _ _y AREA (1,739 SF) L ILT FENCE/ LIMITS OF I% 1 1 DISTURBANCE (TYP.) - ( 70 r 71 72� (96� PLAN VIEW - IMPACT AREA HORIZONTIAL: 1" = 50' (97 PROGRESS PLOT DATE: 05/5/202< GRAPHIC SCALE IN FEET ) t inch = 50 It. LEGEND: EX. MAJOR CONTOURS EX. MINOR CONTOURS PROP. MAJOR CONTOURS PROP. MINOR CONTOURS EXISTING ADJOINER PROPERTY LINE ROADWAY CENTER LINE PROPOSED LOT LINE yvro PROPOSED STORM DRAIN LINE EXISTING WETLAND P7IT�� WETLANDS CONSERVATION — ROADWAY IMPACT LOTIMPACT PERMANENTIMPACT AREA (SF) LOT IMPACT (SF) 1,739 SF ROAD WAY (SF) 9,672 SF TOTALPERMANENT 11411 SF WETLAND IMPACT (SF) SPARKLING BROOK WAY STRONGRQ CK JACKSONVILLE, ONSLOW COUNTY, NORTH CAROLINA E N G I N E E R I N G G R O U P E-3 STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 IMPACT AREA 03 OF 03 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: SCALE: HORZ 1"=50' Action ID Number: SAW-2023-00342 County: Onslow Permittee: Continental Ground, Inc., Avery Washington Project Name: Sparkling Brook Way Date Verification Issued: 6/9/2023 Project Manager: Katharine Elks Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Katharine Elks Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or katharine.b.elks@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SAW-2023-00342 A. Determination of Jurisdiction: 1. ® There are waters, including wetlands on the above described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area 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). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 3. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued DATE. Action ID: FILE NUMBER. B. Basis For Determination: See the preliminary jurisdictional determination form dated 6/9/2023. C. Remarks: None D. 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. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 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: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 AND PHILIP.A.SHANNIN(a-)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. SAW-2023-00342 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 Katharine Elks Corps Regulatory Official: Katharine E s Date: 2023.06.09 16:00:49-04'00' Katharine Elks Date of JD: 6/9/2023 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 hgps://re ulatory.ops.usace.g.M.mil/customer-service-survey. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Continental Ground Inc., Avery Washington I File Number: SAW-2023-00342 Date: 6/9/2023 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.g.M.mil/Missions/CivilWorks/Re ugulatoryProgramandPennits.aspx 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 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 APPEAL or OBJECTIONS 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 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. PHILIP A. SHANNIN Attn: Katharine Elks ADMINISTRATIVE APPEAL REVIEW OFFICER Wilmington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 69 Darlington Avenue ATLANTA, GEORGIA 30303-8803 Wilmington, North Carolina 28403 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNINgUSACE.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 opportuni 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: Katharine Elks, 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 6/9/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Continental Ground, Inc., Avery Washington, 209 Corey Court, Jacksonville, NC 28546 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sparkling Brook Way, SAW- 2023-00342 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is located south of Sparling Brook Way and north of Running Road within the existing Brookstone subdivision near Jacksonville in Onslow County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Onslow City: Jacksonville Center coordinates of site (lat/long in degree decimal format): Latitude: 34.7629 Longitude:-77.3046 Universal Transverse Mercator: Name of nearest waterbody: Little Northeast Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 0 Field Determination. Date(s):5/9/2023 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 (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 WA 34.7629 -77.3046 1.0 acre Wetland 404 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 NWT 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: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑X 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: ❑X Natural Resources Conservation Service Soil Survey. Citation: ❑ 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) El Photographs: ® Aerial (Name & Date): or ❑ Other (Name & Date): ❑X Previous determination(s). File no. and date of response letter: SAW-2007-00195 ❑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. Katharine Elks Digitally signed by Katharine Elks Date: 2023.06.0916:02:38-04'00' Signature and date of Regulatory staff member completing PJD 6/9/2023 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: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC 7� n� 9 ' N rookstoney• ..i 0 -;T. rt I w , r ` �� PPS O'P � �Z/n Legend OProject Study Area Wetlands - Jurisdictional Waters of the U Loccaatti�on v �, JONES oNSIOW FENDER i 77 All Features must be confirmed by the USACE. l l +7� ma { S e a ht} / � �y I ✓ A w •` NC On,Map, f• Geographcle•rmationa�d Anal sis,N 911 -BSartl Wetland Sketch Map N Figure 3 Sparkling Brook Way Project Sage Project # 2021.147 Drawn By: David Gainey December 7, 2021 Sage Ecological Services, Inc. Office: 919-335-6757 0 75 150 Cell: 919-559-1537 Feet