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HomeMy WebLinkAbout20160500 Ver 1_401 Application_20160516tLMG 20 60 '500 LAND MANAGEMENT GROUP INC Environmental Consultants 0�RTes 2@20 v Copy l! D 'MAY 1 6 2016 May 91h, 2016 TO: Mr. John Policarpo US Army Corps of Engineers 69 Darlington Avenue Wilmington NC 28403 RE: 1115 Swordfish Lane; Carolina Beach; New Hanover County, NC NWP 18 Application Action ID# SAW -2016-00359 Dearlohn: Enclosed is a NWP 18 Application submitted on behalf of Mr. Kilon Wilson for a lot located at 1115 Swordfish Lane in Carolina Beach, NC. Mr. Wilson wishes to build a single-family home on the property, which will result in 0.06 acre of wetland impact. He proposes to buy 0.1 acre of non -riparian wetland credit from the Lower Cape Fear Umbrella Mitjgation Bank to mitigate for these impacts. Enclosed are the PCN form, site maps, site plan, and JD. Please let me know if you have any questions or need additional information in order to issue the NWP 18. Thank you for your assistance with this project. Sincerely, L V f Kim Williams Environmental Scientist Encl. cc: Mr. Kilon Wilson Mr. Chad Coburn, NC DWR Ms. Jennifer Burdette, NC DWR www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 O��F WWAATp19 O15i�r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps. ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ElNon-404Jurisdictional General Per ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 2 V L5 D MAY 16 2016 1e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes El No For the reco El Yes o ly for Corps Permit: DE0- ATER RESOURCES FFER PERMI ING 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below ® Yes ❑ No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project: 1115 Swordfish Lane 2b County- New Hanover County 2c. Nearest municipality / town: Carolina Beach 2d Subdivision name: N/A 2e NCDOT only, T I.P. or state project no* N/A 3. Owner Information 3a Name(s) on Recorded Deed: Center City Development Inc 3b Deed Book and Page No. 5961 2274 3c. Responsible Party (for LLC if applicable). Mr. Kilon Wilson - 3d Street address- 920 Oceanward Lane 3e. City, state, zip Carolina Beach, NC 28428 3f Telephone no: (910) 368-7289 3g. Fax no.. 3h. Email address Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner): 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name. 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: S. Agent/Consultant Information (if applicable) 5a. Name: Kim Williams 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d City, state, zip: Wilmington, NC 28403 5e. Telephone no.: (910) 452-0001 5f. Fax no: (910) 452-0060 5g. Email address: kwilliams@lmgroup.net Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no (tax PIN or parcel ID): R09014-005-005-000 Latitude: 34.023285 ON Longitude: -77.899255 °W 1 b Site coordinates (in decimal degrees): (DD DDDDDD) (-DD.DDDDDD) 1 c. Property size: 0.11 ac 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Atlantic Ocean proposed project: 2b. Water Quality Classification of nearest receiving water: SB 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application Site is currently undeveloped and vegetated. Adjacent land use is undeveloped or residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.06 ac 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the project is to construct a single-family residence and driveway on the site. 3e. Describe the overall project in detail, including the type of equipment to be used: The house and driveway footprint will be cleared of vegetation and fill material will be brought into the site to level the area of disturbance. The home will be constructed on pilings. Standard construction methods will be used during construction of the pilings and house. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ® Final of determination was made? Agency/Consultant Company:USACE 4c. If yes, who delineated the jurisdictional areas? Name (if known)- Mr. John Policarpo Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation JD issued on April 20, 2016 (Action ID# SAW -2016-00359). 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1 3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P ❑ T Fill for house and driveway Non -Riparian p ® Yes E] No ® Corps ® DWQ 0.06 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 E] P ❑ T ::I[_] El El No ❑ DWQ 2g. Total wetland impacts 0.06 2h. Comments - 3. Stream Impacts NIA If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts: NIA If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S then individually list all open water impacts below. 4a. 4b 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction: N/A If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded Pi Stormwater P2 5f. Total 5g Comments See attached site plan for details 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 51. Expected pond surface area (acres): 5j Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ): N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? 131 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T E] Yes ❑ No 6h. Total buffer impacts 6i Comments - Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The front half of the lot off of Swordfish Lane is wetlands, so impacts could not be avoided. Additionally, the lot is small and it was not possible to avoid the wetlands in the site design. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be utilized during construction so that sediment does not leave the site. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank: 3a Name of Mitigation Bank. Lower Cape Fear Umbrella Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type: Non -Riparian Quantity: 0.1 3c. Comments - 4. Complete if Making a Payment to In -lieu Fee Program: NIA 4a Approval letter from in -lieu fee program is attached. ❑ Yes 4b Stream mitigation requested: N/A 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only): N/A square feet 4e Riparian wetland mitigation requested- N/A acres 4f. Non -riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h Comments. 5. Complete if Using a Permittee Responsible Mitigation Plan: N/A - 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. N/A 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 _ 6f Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). N/A 6h. Comments: N/A Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 45% 2b Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan - Applicant will obtain a stormwater permit prior to construction. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review: 3a In which local government's jurisdiction is this project? Town of Carolina Beach ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs El USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review: NIA ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other. 4b. Has the approved Stormwater Management Plan with proof of approval been El Yes El No attached? S. DWQ 401 Unit Stormwater Review: N/A 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Project will not provide utilities or access to adjacent tracts. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Project will tie into the Town of Carolina Beach system. Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally protected species were noted on the site. Several rare species, including sea turtles, sturgeon, manatee, and seabeach amaranth are known to occur within a one mile radius of the lot, most likely within the Atlantic Ocean and/or its adjacent beaches The project will not impact any federally -protected species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat No HAPC or EFH Areas were identified within or adjacent to the project site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No cultural or historic resources were noted within or near this site. 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: House will be constructed on pilings 8c What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain. Kim Williams 5/9/2016 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for 1115 Swordfish Lane; Carolina Beach, NC project. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, -;;x :1 Applicant Center City Development, Inc. / Kilon F. Wilson Print Name 05/04/2016 Date d -- Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community -3oundaries are approximate and are not meant to be absolute. Map Source: ArcGIS World Street Map 1115 Swordfish Lane New Hanover County, NC LMG www.lmgrogp.net May 2016 3805 Wrightsville Avenue LMG# 40-16-140 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 1 mile Figure 1 Vicinity Map 'Boundaries are approximate and are not meant to be absolute. Map Source: USGS Carolina Beach Quadrangle 7.5 minute 1115 Swordfish Lane LMG New Hanover County, NC I _ www.lmgroup.net May 2016 3805 Wrightsville Avenue LMG# 40-16-140 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 300' Figure 2 USGS Topographic Map Legend Le: Leon sand Ly: Lynn Haven fine sand `Boundaries are approximate and are not meant to be absolute. Map Source: NRCS Soil Survey SCALE 1" = 50' 1115 Swordfish Lane LMG New Hanover County, NC _ Figure 3 www.lmgroup.net Soils Map May 2016 3805 Wrightsville Avenue LMG# 40-16-140 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 'Boundaries are approximate and are not meant to be absolute. Map Source: 2010 GIS World Imagery SCALE 1" = 100' 1115 Swordfish Lane LMG New Hanover County, NC _ Figure 4 www.lmgroup.net Aerial Photograph May 2016 3805 Wrightsville Avenue LMG# 40-16-140 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 (*L90-d)-3*Ddopjdoal66ogsj 09 of, QZ o/ 0 9910-LOL (M) 3131 9Z69Z VNI 8V3 HIMON 'HOV38 VNIIOMVO ME 3AI80 323388 MVd i l l 011d 'S1NV1If1SN00 1N3Wd013A30 ONVI 3AISS380OHd 9100-dS-01,00'0AI 80l' 9100 60 7IgclV VA170UVO H�LJ0AI - AL1II10J UJAOAIVH MHAI - WALL ,LAIIOd 7VMI(fg,7 H,)V,Yg AIOL9AJK7IM - ZZ X0078 - 8I 707 ,7AIV7 HSIJa90MS 9111 AIOSWAl A1071X AIM 707d AdVAIIWI719d a� 00 9 s�o� OeN OV13 ONV113M ivObO iNIOd oanc W00 • ONnO-J Nld NO2ll — Q .AVM 30 iH918 — M/d aN3031 dVN .IIINIJ[A co Soij e 90.0 1 S,L J VdIIII (IAI V7,L VA4 QdSOdO?7d 'S31VNl(RJ003 ),0 43indW00 SI v32J`d„ j '900Z/U-V :(131V0 'r 000C (MZLC 2J38Wf1N d` IN 83ev4nN 1dlNnmoo 'dVN 31VN 30N`d mSN1 00013 VW33 3H1 Ol ON108000b ,3V,, 3NOZ NIH11M MiVO01 SI 13O2J`dd 'NOISIAIOof1S `d 31V3ZJD ION S30a (INV Jd83d0?Jd 30 130HVd ONIlSIX3 NV 30 SI ,13Mins SIHl '0C 39Vd Z AGOG dVN 996 39Vd Z9CZ AOOEl 4334 IV (30N32J333H ),iH3dOHd 103('ons :31O N Ma00,9E°OLN S8'8T L-1 3a68,9tV°9LS LE'bV 9-1 x,22,62°9SN 80'9T 9-1 M,LS,1t,°9TN 08'62 tb-1 M,6 V,9T°6SN 88'01 8-1 Ma00,ST°TLN 29'0_7 2-1 /`1,00,-V2°6TS IL'LV 1-1 DNI�Jd3S HiDN3-1 :]NI -1 T1ffV1 3NI-1 �i=HI�13d SQNV-li3/M 'l�VHdSV A0 1901 ONIlSIXI lHl SV 30V�10 :1WVS :]Hi 1V XVM J0 1HOI�l 3HI ON inov ��ij lOi�iiS :i8 ��IM iiVM ONINIVII�l 10ISNI IM �JOJ :10V?10 .]ION sa.10 e 90 '0 •)j •bs g9Z `2 SUA TL YAl PO P •)7 •bs SQAI V7JA ti ko 0 0 ,01 �je-��j ,5 ]GIs ,OZ 1NO�AA SA3V9i3S ONIaiine OSbE--i 2138Wf1N NOIIVNISI93d 'S' -I'd '3I99d8 1103S '-1 .-----�T-Oa "Q'd '------ lgad JO AVG Hlti SIHl IV3S QMd 838Wf1N NOIiVdiSI938 '38niVN9IS -IVNI9I80 AW SS3NIIM 'Q3QN3WV SV OE -L4 'S'9 HIIM 33Nva8O3JV NI Q3HVd3Nd ION SVM ld3d SIHl 1dHl 'Q33N383338 NOIIVWNOJNI WOdJ Q3110ld N 986 39Vd 2962 A009 Q33Q Q3adOJ38 NOIldRJJS39 'NOISIA83df1S AW 83QNn 3(lVW A37 dns 3d(113V NV WONJ NOISIA83df1S O AW 213QNf1 NMV?JQ Sb'M N'd3d SIHl lb'Hl A3Il833 '3I99'd9 1103S '-I 'I (,r kINnD3 213AONVH M3N O b'NITO21'dJ H1aON U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-00359 County: New Hanover U S.G.S. Quad: Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Center City Development, Inc. c/o Kilon Wilson 902 Oceanward Lane Carolina Beach, North Carolina 28428 Agent: Jeff Lesley Century 21 1612 Militan, Cutoff Road, Suite 200 Wilmington, North Carolina 28403 Size (acres) 0.11 -acres Nearest Town Carolina Beach Nearest Waterway Atlantic Ocean River Basin Cape Fear USGS HUG 03030005 Coordinates Latitude: 34.023111 N Longitude: -77.899342 W Location description: The property is located on the east side of Swordfish Lane (Parcel No. R09014-005- 005-000), approximately 375 -feet north of the intersection with Tennessee Avenue, in Carolina Beach, -New Hanover County, North Carolina The property is an undeveloped, forested parcel that borders Swordfish Lane to the west, single-family dwellings to the east and south, and an undeveloped, forested lot to the north. Indicate Which of the Following Apply: A. Preliminary Determination _ There appear to be waters, including wetlands, on the above described property, as depicted on the attached exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional determination may be used in the permit evaluation process, including determining compensatory mitigation. 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 7D, which is an appealable action, by contacting the Corps district for further instruction. 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 of this notification. X 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 waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this Page 1 of 2 US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by June 20, 2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** - .11 Corps Regulatory Official: Date: April 20, 2016 Expiration Date: April 20, 2021 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 littp:Hreaulatoiy.usacesurvev.com/. I SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at ramandPermits_x5P.K or 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 pen -nit 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 detenninations 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 1I 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. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Center City Development, Inc. File Number: SAW -2016-00359 Date: April 20. 2016 Attached is: See Section below IAL PROFFERED PERMIT Standard Permit or Letter of ermission) A FFERED PERMIT Standard Permit or Letter of ermission)B MIT DENIAL VrEIRELIMWARY C ROVED JURISDICTIONAL DETERMINATION D JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at ramandPermits_x5P.K or 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 pen -nit 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 detenninations 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 1I 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. NORTH CAROLINA NEW HAIXD COUNTY 1. L SCOTT BAOGIE'CERTIFY THAT THIS PLAN WAS DRAWN NEER MY suPER,,mms FRa. AH ACTLML SINRWEY MADE UNDER m, 3lPONISDN, DESCRIPTION REC13R ED DEED REM 2362 PAGE 965 . PLOTTED FRDM LWaRNATION REFERENCED, THAT THIS PLAT WAS NOT PREPARED IN ACCORDANCE WITH S& 47-30 AS AMDOM WITNESS MY ORIGDAL SIGNATURE, REGISTRATION NUKIER AND SEAL THIS --ARL- DAY 6 ___I4PRIL AD_ ZQ 14 L SCOTT BAGGIE, RLS REGISTRATION NUMBER L-3450 Lop, g Lor p9 NP3s oo.� LEGEND R/W - RIGHT OF WAY 0 - IRON PIN FOUND • COMPUTED POINT N7404 WETLAND FLAG Q / J , / s;=/ti Z I �C o p0co tiff / L 6 A;� o 100. 00 o p s QS C? �yA 2 A �NCO 6_ V s " �.� zsDs �'t✓ s ft r. r. N210PA�: '/ 6 poor 18 Lop 1�1pU.00, o WETLANDS PERIMETER NOTE. SUBJECT PROPERTY REFERENCED AT DEED BOOK 2362 PAGE 985 MAP BOOK 2 PAGE 30 THIS SURVEY IS OF AN EXISTING PARCEL OF PROPERTY AND DOES NOT CREATE A SUBDIVISION PARCEL IS LOCATED WITHIN 2014E 'AE' ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP, COMMUNITY NUMBER 375347, MAP NUMBER 3720313000 J, DATED. 4/3/2006. -AREA IS COMPUTED BY COORDINATES. 404 WETLAND SURVEY FOP. KILON W]I,snN 1115 SWORDFISH LANE LOT 18 - BLOCK 22 - WILMIGTOiti BEACH FEDERAL POIAT TWP. - NEW HANOVER C0U_NTY - NORTH CAROILN'A APRIL 4, 2016 JOB No.0075-2016 srrf 1 • - 20 PROMES!M LAND OE4ELDPU0T CAN9ILTANIS, PUL — 112 PAIN MOZ DRW CKR IM IEWt NORM CANOIHA 25123 TOE (no) M? -.M50 0 10 20 RO 60 bb -n aw-0— (r -Rei.) LINE TABLE LINE LENGTH BEARING Ll 47,71 S19'24'00'W L2 40.62 N71'13'00'W L3 10.88 N39'16'49'W L4 29.80 N16'41'37'W L5 15.08 N36.29'22'E L6 44,37 S75'46'39'E L7 18.85 N70.36'DO'W NOTE. SUBJECT PROPERTY REFERENCED AT DEED BOOK 2362 PAGE 985 MAP BOOK 2 PAGE 30 THIS SURVEY IS OF AN EXISTING PARCEL OF PROPERTY AND DOES NOT CREATE A SUBDIVISION PARCEL IS LOCATED WITHIN 2014E 'AE' ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP, COMMUNITY NUMBER 375347, MAP NUMBER 3720313000 J, DATED. 4/3/2006. -AREA IS COMPUTED BY COORDINATES. 404 WETLAND SURVEY FOP. KILON W]I,snN 1115 SWORDFISH LANE LOT 18 - BLOCK 22 - WILMIGTOiti BEACH FEDERAL POIAT TWP. - NEW HANOVER C0U_NTY - NORTH CAROILN'A APRIL 4, 2016 JOB No.0075-2016 srrf 1 • - 20 PROMES!M LAND OE4ELDPU0T CAN9ILTANIS, PUL — 112 PAIN MOZ DRW CKR IM IEWt NORM CANOIHA 25123 TOE (no) M? -.M50 0 10 20 RO 60 bb -n aw-0— (r -Rei.)