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HomeMy WebLinkAbout20072036 Ver 1_401 Application_20071207JORDAN JUNES & GOULDING 9101 Southern Pine Boulevard Suite 160 Charlotte, NC 28273 Phone: 704.527.4106 Fax: 704.527.4108 LETTER OF TRANSMITTAL DATE: 11 /28/2007 PROJECT NO: 16022001 0 7- 2 0 3 6 ATTENTION: John Dorney TO: NCDENR Division of Water Quality RE: 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC, 27699-1650 PHONE ~ 9 - 7 33 ~ / 7 $ /~ WE ARE SENDING YOU VIA FED-EX Pre-Construction Notification package for the Quarles Petroleum fuel station store ® Attached: ^ Under Separate Cover the Following Items: ^ Drawings ^ Prints ^ Plans ^ Ot ~ ~~ ~ ~ e.a ;,j ^ Copy of Letter ^ Submittals ^ Reports t , ; G _.~ ~ [~l~l/ COPIES DATE NO. DESCRIPTION ~"~ "'`'~" ',~'f~:~r~'~ 7 11/28/07 1 Pre-Construction Notification package for the Quarles Petroleum fuel station/store THESE ARE TRANSMITTED AS CHECKED BELOW: ® For Approval ^ No Exception Taken ^ For Your Use/Files ^ As Requested ^ For Review and Comment ^ For Execution REMARKS: ^ Make Corrections Noted ^ Amend and Resubmit ^ Rejected-(See Remarks) ^ Other ^ Submit _ Copies for Distribution ^ Return _ Corrected Copies ^ Resubmit _ Copies for Approval ^ Return _ Approved Copies y~~u;r+ Mr. Dorney, attached please find the Pre-Construction Notification package for the Quarles Petroleum fuel station/store. A jurisdictional request package was mailed to the U.S. Army Corps of Engineers on September 26, 2007, and we received confirmation of jurisdictional determination by the USACE on November 15, 2007. If you need any additional information or have questions, please feel free to call me at (704) 372-1885. Copy: Alan Moseley Filename: Signed: j~hett Baggett t ~/~ 1 6 IF ENCLOSURES ARE NOT AS NOTED, KRJDL ~ OUS AT ONCE ' Office Use Only: Form Version March OS .07-2036 USACE Action ID No. 2007-3194 DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. II. Processing Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ® Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: General 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ Applicant Information Owner/Applicant Information g `i .~' ~.:7 C i ~ !#~~ ~ ~ s L+~~ ~~ 2007 Name: Quarles Petroleum .. ~;rt'~ - vtht'r'~-c~sttfiv Mailing Address: 1701 Fall Hill Avenue wtT~.aNDS,~~.l ~,rOn~u°;T~ a~wack Suite 300 Fredericksburg, VA 22401 Telephone Number: (540) 361-4863 Fax Number: E-mail Address: cmcbride(c~quarelsinc.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jordan, Jones, and Goulding Inc Company Affiliation: Mr. Rhett Baggett Mailing Address: 9101 Southern Pine Blvd., Suite 160 Charlotte North Carolina 28273 Telephone Number: (704) 527-4106, Ext. 248 Fax Number:~704) 527-4108 E-mail Address: rba ett e,jjg.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of proj ect: Quarles Q. Card Fuel Station 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 20312122 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From the I-77 / I-85 interchange in Charlotte take I-77 S to exit 1 to Westinghouse Blvd. Go east on Westinghouse Blvd approximately 0.2 miles. The project area is on the right at the intersection Westinghouse Blvd and Texland Blvd. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.1124 °N 80.9211 °W 6. Property size (acres): 1.618 7. Name of nearest receiving body of water: Sugar Creek 8. River Basin: Catawba (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Based on Mecklenburg Count~eographical Information S stems GIS), the project area includes one parcel (Parcel No. 20312122), which consists of a mixture of open field and wooded areas. Land adjacent to the site consists commercial Page 6 of 13 areas, railroad tracks, and utility rights-of-wa~R/Ws) to the north, south, and west and commercial areas to the south. 10. Describe the overall project in detail, including the. type of equipment to be used: The project area is approximately 1.618 acres and is located within the southeast quadrant of the Westinghouse Blvd and Texland Blvd intersection in southwest Charlotte, Mecklenburg County, North Carolina Figures 1 and 2. Quarles Petroleum has proposed an approximate 3,600 square-foot fueling station/food store with an associated 21,000 square-feet of parking lot and entrance road. Proposed plans for the entrance road, parking lot, and Quarles Petroleum store will result in impacts to approximately 0.154 acres of existing isolated wetlands. Based on Mecklenburg County Geographical Information Systems (GIS), the project area includes one parcel (Parcel No. 20312122), which consists of a mixture of open field and wooded areas. Land adiacent to the site consists commercial areas, railroad tracks, and utility rights-of-wa. (~ R/Ws) to the north, south, and west and commercial areas to the south. Typical equipment, including dozers and track hoes will be used for construction of the entrance road, parking lot, and store. 11. Explain the purpose of the proposed work: The purpose of the work is to provide a fueling station and food store near the busy I-485 and I-77 interchange. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained .for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No previous jurisdictional determinations or permits have been issued for this nroiect. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are anticipated. Page 7 of 13 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed plans for the entrance road, parking lot, and Quarles Petroleum store will result in impacts to approximately 0.154 acres of existing isolated wetlands. Please refer to Attachment 1, Figure 4 for an illustration of proposed impacts and Attachment 2, USACE Jurisdictional Determination dated November 15, 2007. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodine. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g:, forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) Wetland A Permanent -fill Isolated wetland No 2,000 0.154 herbaceous Total Wetland Impact (acres) 0.154 3. List the total acreage (estimated) of all existing wetlands on the property: 0.164 acres of Isolated Wetlands 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap,. crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Page 8 of 13 Stream Impact Number (indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) N/A 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, Bred in , floodin , draina e, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List t he cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ®Yes ^ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Proposed plans for the entrance road, narking lot, and Quarles Petroleum store will result in impacts to approximately 0.154 acres of existing isolated wetlands. 8. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: watering, irrigation, aesthetic, trout pond, Page 9 of 13 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts to isolated wetlands (Wetland A) are unavoidable due to the need to construct an entrance road and parking lot for the proposed 3,600 sq. ft. fueling station/food store. The proposed parking lot size was reduced to the minimum area possible in order to still provide adequate storage capacity and thru traffic for tractor trailer trucks. In addition to the above efforts to minimize impacts, appropriate erosion and sedimentation controls will also be installed and maintained during construction activities. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a Page 10 of 13 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multinliers_ Im act Zone* ~~~„~p f o*~ Multiplier Required 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The construction of the proposed Quarles Petroleum fuel station/food store will create an estimated 41.8 % tmpervious surface (29 458 sq ft impervious surface/ 70 437 sq ft total areal and will exceed the above 20% impervious surface value The contractor will abide by all state and local erosion and sedimentation control requirements during_ rading and construction operations In addition storm water plans include construction of a dry detention basin Storm water outlets from the detention pond will include rtprap Swales beyond the riprap outlet protection will be seeded with fescue grass and armored with North American Green SC 150 erosion control mattin .Storm water from the d detention and will drain towards the swale located north of the project area along the south side of Westin house Blvd to an easterly dtrectton Storm water draining from the~rope is greater than one mile from the nearest perennial stream XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatm~ ~t methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This nroiect is served by municipal sanitary sewer services The Quarles fuel station/food store sewer will tie into an existing manhole located north of the project site alon Westinghouse Page 12 of 13 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No ^ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ll I2 Y Applicant/Agent's Signature Date ~ (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 Attachment A Figures r N ~~,. ~~' (.~ C ~~r%n ery~ f d m~a ~+. ~x .3 ~~' ~L~ ~°V F ~pQucsl it v ~~f3~rr `~ ~~ r _,_ ~r _. ~~in ~,` ~n .*~ ,~` sr sr~nJ/,r ~~~~f SN r ~~~rJ D mn.. 1 h f: ~` ~ _ c~ o .- ~ c ~ D ~~ ~~ R ~ ~ rty'+' Gentle grime ~ ty '~ ', ~~ Ramb/ewood~yR Park ~~~'iq ~~ ~~. P ~~~ Subject Site {tlvers EAge Rd ~ ~. h`eshngh~nuSe $~~ ~U~ p'P F~ 2047 N Av T E CJ ~"~~ 2047 C OG eo ~~ ~~ Gfl~d~ `~.\, Jordan Jones ~ Goulding .... .. ~~ F.. North Carolina Vicinity Map Proposed Quarles Q. Card Site Location Map Westinghouse Blvd. / Texland Blvd. Intersection Charlotte, Mecklenburg County, NC FIGURE 1 North Carolina Vicinity Map ~F Jordan ~~ Jones s _:..:~ Goulding Proposed Quarles Q. Card USGS Quad Westinghouse Blvd. / Texland Blvd. Intersection Charlotte, Mecklenburg County, NC FIGURE 2 USDA Soil Conservation Service Mecklenburg County, NC Soil Survey (1976) Jordan Jones ~ Nnrth f arnlina Vininity Man - ~oulding .F. Proposed Quarles Q. Card Soil Survey Map Westinghouse Blvd. / Texland Blvd. Intersection Charlotte, Mecklenburg County, NC FIGURE 3 fN B•9N xKP1 m 0.164 ACRES OF PALUSTRINE EMERGENT (ISOLATED) WETLAND a Ex° K FMI. Gn ~ BUP9[°Nx~il~•&f BDICxYnx91 Y1 ~ocAnox wEew - a.IZia nrvµ. 4B•R.... [am wl£r ~. tOD PNE -610.35 [q5l 0.1~Ex1 -. 1. NV EIEV = J ~~ ~~-~ y. r .; unoExcxaixo " BP MARK P. JOHNSON JR. DB 13516 PG 388 PIDq 10305201 1DNEO: I-z r,~BS a 2 CROMP iq" Si Q ~S>iNCHOUSE &VO Q ~ m Q X n2 w p40 oZO VICINITY AlAP NOT i0 SCALE WESTINGHOUSE BLV . VARIABLE:PUBLIC.R W AY RO wA4 90E'~NA .~'.. ID ]MA4E - ,a,A a-uo.s, W ~ c1r I ' ~ FIRS: % REA lP I - O • - PID/ 203 122 - ---- _ ': zar:o -2 '. fOfAL AREA .1.618 ACRES ~ ~,q U"~ -~ .OP DIACE AREA OU L1J - POMER R . Q871 ACRES _ J - AREA N OIAtE POKER R/R '. L~ 3 ~ .118 ACRES '. f"a. ~ ~ U r .. X I m ~ g E,~1 s.uF m ~ Q ` ~ ~ W N I = ROBER7 LriE D. FONG (1RUS7EEI HI LLCRE57 FOODS INC.. DB 9601 PG 198 Q I I ~ , Fil ~ ~ r JANET M, CEE (7HUSTEE) DB 18477 PG 95B PID 20312115 - I I = {} PID~~312z19 / ZONED: I-1 ~ : I I ~. - Z I I ~° ~ II I Y ~ ~ I U ' J I Q . m I ~ Q Q O ~ , EM M ~: ~~~;,~A e 153' ° ~~' N/f w. p~ HONGTAO HAN DB 20639 PG 519 r - PID/ 20312125 HVfx _ Ey.51 ZONED I-2 (VACANT) 154 ACRES OF IMPACT 0 " . ~ `"" °`~ '"°' TO PALUSTRINE EMERGENT (ISOLATED) WETLAND ~ ~ g7 a 60 1 >~ Q7`2Q36 GRAPHIC SCALE p 30 60 120 240 ( [N FEET ) 1 inch = 60 ft. C Ruarles. LEGEND: WETLAND IMPACT JORDAN JONES & GOULDING QUARLES PETROLEUM INC. DATE : SEPTEMBER 2007 XLAND BLVD. UNATTENDED FUEL STATIO SCALE : 1"=60' APPROXIMATE WATERS OF THE U.S. JOB No.: 16022001 AND WETLANDS BOUNDARY MAP FIGURE 4 Attachment B USAGE Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT _ _, Action Id. 2007-3194 ,~.., ~ County: Mecklenburg U.S.G.S. Quad: Fort M~11 E NOTIFICATION OF JURISDICTIONAL DETERMIII Property Owner/Agent: Quarles Petroleum '~'~ Address: 1701 Fall Hill Avenue Suite 300 .- Fredericksburg, VA 22401 ~ 7 ~' 2 ~ 3 Telephone No.: ~~~ 1 ~~ z~0~ ----~ . roperty description: ~~ -- -~----___, Size (acres) 1.618 Nearest Town Charlotte e+l°t1~ f{g~®'1-1- Nearest Waterwa Sugar Creek ~`~'~-' ---~' ~~' y - River Basin Catawba USGS HUC Coordinates N 35.1122 W 80.9211 Location description SE Quadrant of Texland Blvd and Westinghouse Blvd • in south Charlotte Indicate Which of the Followin Annly: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered fmal, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 oi'this notification. _ There are wetlands on the above described 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CVVA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on .Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this deternnation and/or the Corps regulatory program, please contact Steve Chapin at [828) 271-7980 x224. C. Basis For Determination N/A -Wetlands are isolated and not re ulated b the Cor s of En ineers. D. Remarks Johnson at (704) 663-1699 to discuss State requirements 1 E. 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, yot: 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: District Engineer, Wilmington Regulatory Division Attn:Steve Chapin, Project Manager, Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 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 District 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 1/15/08. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. Corps Regulatory Official: ,~ Date 11/15/2007 Expiration Date 11/15/2012 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 the attached customer Satisfaction Survey or visit htrp://www.saw.usace army miUWETLANDS/index html to complete the survey online. Attachment C Agent of Authorization Form J Z. Applycants braving agents (yfapplaeable) CE IFI,C,A.~O1V O~i AUTHO~A,TION t?Z/t- es i' '~IC~VW~ (i'1C C~o . Jo dan ~o~nes ~ Ge~(d~h ~l g I, .~ /~C r~ ~(e ,hereby certify tiaat I have authorized Q ,,~L't'{ (Appl~azat's name) (Agent's name) F- to act oiz my behalf and take all actioaas aaecessaty to the processing, issuance and acceptance of this permit and any and all stand3ad and special conditions attached, ereby certify that tlae information submitted in dais application is true and accurate to the best of u lcdg . ~ z a ~- ( gent s Si ature) (Date) _ ~APPli~~% Sigiaatuxe) y_~Z --07 (Date) (Use if more than one applicant) 8 T.'.-1 firm•n~.i