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
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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