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HomeMy WebLinkAbout20081248 Ver 1_401 Application_2008080869 SPANGLER ENVIRONMENTAL, INC. Land Planning Permitting Environmental Consulting Construction Management Expert Testimony August 11, 2008 0 8 1 2 4 8 Mr. Brad Shaver' US Army Corps of Engineers _ Wilmington Regulatory Field Office [?(r7 {,` ?' P.O. Box 1890 Wilmington, NC 28402-1890 AUG 1 2008 Re: South Bridge Sneads Ferry) PCN DE NR- ' '?"` ( VJETiwAUDS AND BRNOi Onslow County, North Carolina USACE Action ID # 2006-41477 Mr. Shaver: Spangler Environmental, Inc. (SEI) on behalf of Raiford Trask, Jr. - BC&RT, LLC is submitting this package for the project site known as South Bridge (Sneads Ferry), located on the north side of NC 172 at the intersection of NC 172 and Sneads Ferry Rd., Onslow County, North Carolina. SEI is requesting your approval for impacts to 0.089 acres of permanent impacts to a non-tidal wetland located on-site. SEI has previously requested confirmation of the location of the waters/wetlands on-site by the United States Army Corps of Engineers (USACE). A Jurisdictional Determination has received on July 10, 2006 and is attached with this application. Included in this package you will find the PCN application and necessary attachments needed to move forward. The following materials are enclosed to assist you in processing our request: 1. PCN Application 2. Project Location Map 3. Soils Map 4. USGS Topographic Map 5. Aerial Photograph Map 6. Notification of Jurisdictional Determination, dated July 10, 2006 7. USACE Signed Wetland Map 8. Agent Authorization 9. Wetland Impact Exhibits 10. Overall Site Plan 4338 Bland Road Raleigh, N.C. 27609 te1919-875-4288 fax 919-875-4287 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER www.spanglerenvironmental.com Resource to be Impacted Impact Type Amount of Impacts Permanent - culvert for non-tidal wetland d i i 1,166 s.f. (0.0.027-ac.) r veway cross ng Permanent - culvert for non-tidal wetland 1,128 s.£ (0.026-ac.) driveway crossing Permanent - culvert for non-tidal wetland driveway crossing 1,564 s.f. (0.036-ac.) The impacts proposed for this site are associated with three (3) road crossings which total 0.089- acres. SEI understands that the impacts to the wetland on-site can be authorized under a NWP 29 for impacts associated with residential development projects, since the proposed regulated impacts are under 1/2-acre and that no mitigation will be required for the impacts under 1/10- acre. This site is also authorized under the State General Certification #3705. If you have any questions, or require additional information, please call this office at 919-546-0754. Sincerely, Spangler Environmental, Inc. Thomas King Project Environmental Scientist Enclosures cc: Cindy Karoly - DWQ Kent Harrell, PE - Norris, Kuske & Tunstall Consulting Engineers, Inc. File Office Use Only: Form Version March 05 g 1 2 4 8 USACE Action ID No. DWQ No. p (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A". 1. Processing 1. 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: NWP 29 / WOC 3705 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: II. Applicant Information 1. Owner/Applicant Information ? @ j Name: Raiford Trask, Jr. - BC&RT, LLC i?I ( f Mailing Address: 1202 Eastwood Road, Wilmington, NC 28403. A U G 1 Telephone Number: 910-313-0795 Fax Number: - E-mail E-mail Address: ?Wfb*, LAD DEER - WATER I% Y . , OR&ANTER BRANCH 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: Thomas King Company Affiliation: Spangler Environmental, Inc. Mailing Address: 4338 Bland Road, Raleigh, NC 27609 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address: tkinggspanglerenvironmental.com 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 Page 1 of 8 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 project: South Bridge (Sneads Ferry) - USACE Action ID # 2006-41477 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): PIN 772-215 and 772-215.10(east side) 4. Location County: Onslow Nearest Town: Sneads Ferry Subdivision name (include phase/lot number): South Bridge Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, head north on US-17 into Onslow County. Continue north until NC 172, then turn right. Continue east on NC 172 and the site is located on the left hand side. The site is located behind an existing church located at the intersection of NC 172 and Sneads Ferry Rd. 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): 34.5614°N 77.4056°W 6. Property size (acres): 185.10-acres 7. Name of nearest receiving body of water: Unnamed tributaries to Everett's Creek 8. River Basin: White Oak River Basin (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: The project site consists predominantly forested land with multiple stream channels and wetlands which flow to Everett's Creek The site is predominately surrounded by residential properties and undeveloped land. Everett's Creek and Stone Bay are located to the north and a church is located along the southern portion of the site. The project site is located along N.C. 172. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists the development of a residential subdivision with associated roads Page 2 of 8 utilities, and stormwater management infrastructure. The wetlands on-site are very expansive and are located up the center of the site with multiple branches. Due to the expansive nature of the wetlands and their location on-site, the proposed development requires three (3) road crossings over wetlands. The crossings are designed to utilize reinforced corrugated pipes with rip rap dissipaters at the end. 11. Explain the purpose of the proposed work: The purpose of the work is to provide residential homes for the growing _population in the coastal areas of North Carolina. More specifically the impacts are proposed in order to provide access throughout the planned subdivision. 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. A Jurisdictional Determination from the USACE was received on July 10, 2006 and is attached to this application. USACE Action ID # 2006-41477 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 impacts to waters of the U.S. including federally regulated wetlands are proposed for this project. 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. Provide a written description of the proposed impacts: the proposed development requires three (3) road crossings over wetlands. The crossings are designed to utilize reinforced corrugated pipes with rip rap dissipaters at the end. Impact #1 consists of a 45-foot long 30' RCP with a Page 3 of 8 retaining wall on the north side to reduce grading in the wetland. Grading on the south side of the road and a dissipater are also included as part of the impact. Impact #2 consists of a 88-foot long 30' RCP with associated road grading and dissipater pad. Impact #3 consists of a 105-foot long 42' RCP with associated road grading and dissipater pad No impacts are proposed to the existing streams on-site. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se arately list impacts due to both structure and flooding. 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) I Road x-ing, culvert, and PFOIA No 1 166 feet 027 0 associated grading , . 2 Road x-ing, culvert, and associated grading PFOIA No 1,128 feet 0.026 3 Road x-ing, culvert, and associated grading PFOIA No 1,564 feet 0.036 Total Wetland Impacts 0.089 2. List the total acreage of all existing wetlands on the property: 37.54 ac 3. 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. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 4. 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, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) Total Open Water Impact (acres) Page 4 of 8 5. List t] e cumulative impact to all Waters of the U.S. resulting from the project; Stream Impact (acres): - Wetland Impact (acres): 0.089 Open Water Impact (acres): - Total Impact to Waters of the U.S. (acres) - Total Stream Impact (linear feet): - 6. 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. No isolated wetlands are located on-site 7. Pond Creation 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 watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. The layouts of the roads were designed to minimize impacts to the wetland to the greatest extent practical. All three wetland crossings were designed to cross the wetlands at the narrowest locations as well as crossing at a perpendicular angle so to reduce the length of the culverts. The road crossing at Impact #3 will utilize a retaining wall in order to reduce impacts and keep the impacts to wetlands below 1/10- acre. Please see the attached plans for further detail of the impacts. The remaining site layout was designed to avoid any additional impacts to streams and wetlands on-site. A total of 37.54 acres of wetlands exist on-site, and the development of the site proposes to impact only 0.089 acres (0.02% of the wetlands on-site). Page 5 of 8 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/ncwetlai,ids/strmgide.htmi. 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 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Impacts proposed to wetlands are less then 1/10-acre with no stream impacts proposed 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Page 6 of 8 Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) N/A 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No E] N/A If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ 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 multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 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. Page 7 of 8 XI. XII. 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. Stormwater management plans will be submitted under a separate cover upon approval. Sewage Disposal (required by DWQ) 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. Lots on-site are proposed to be partially served by septic and drainfield as well as municipal sanitary sewer XIII. Violations (required by DWQ) 0500) or any Buffer Rules? Is this site in violation of DWQ Wetland Rules (15A NCAC 2H Yes ? No Is this an after-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: The project proposes to develop a majority of the upland portions of the site and will closely follow all required stormwater BMP's and any other ordinance required for reducing and minimizing impacts to the environment. No impacts are anticipated to the remaining wetlands on-site, however, it is understood that any additional impacts to remaining wetlands on-site would be cumulative to the proposed impacts in this application. 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). Applicant/ /1-08 Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Bayou i ; Bay vando Rd 5 e(%S ID, T J -C sm O ¥ C N a (0 k ` _ O Cyr P8 :):)o d N Q = o Stetti??$ D, c? n, . ?' m Q , &ant Car to o ? a II 3 (? U Note: Project Area Boundary Approximate W ??E Scale 1"= 3500' Image from the USGS National Mapper online at: http://nmviewogc.cr.usgs.gov/viewer.htm • =3 4 • • •� a r IM • jw k.. y U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2006 41477 County: Onslow U.S.G.S. Quad: Sneads Ferry NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: BC&RT LLC. & Raiford Trask, Jr. Agent: Spangler Environmental, Inc. Address: 1202 Eastwood Road attn: Thomas King Wilmington, NC 28403 224 Favettevift Street Mall, Suite 400 Raleigh, NC 27662 Property description: Size (acres) 184.64 Nearest Town Sneads Ferry Nearest Waterway Everetts Creek River Basin White Oak USGS HUC 03 0001 Coordinates N 34.5621 W 77.4070 Location description The roe is located behind the YoRv Community Center within Sneads Ferrv Off Highway 172, Onslow County. Indicate Which of the Following Apply: 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 final, 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 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 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 CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 7/10/2008. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described 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 determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611. C. Basis For Determination The subject area exhibits wetland criteria as described in the 1987 Corps Delineation Manual and is adjacent to Everetts Creek, Onslow County, D. Remarks The site was field reviewed on 8/2/2006 and 10/18/2006. 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, 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 South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 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 9/10./200$. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: k C Date 7/10/2008 Expiration Date 7/10/2013 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 htto://www.saw.usace.gMy.miVWETLANDS/index.htinl to complete the survey online. _I f? CL I O e (n cn CC) 3)- If m w Ol snowa: LL C'4 CO N v, N r-- N O !L O O 0 O 0 O 't I? d NN ?r'- O) M a Q N N d O to d a0 N 1- O MIr- Mid Z Q Q - 0 p ,ri ' (0, M' r co, Lo' CJ Cn W of r7 In O (V ; N I_ N III CD.M M N c} O N (?G r,' 3: 3: w 3 w 33 w >' w ? 3 3 ? 311,_, lD cD O rD 1o N n' d' rn ? ? N cD N ,t in J N •... N N N - N tD d N O iD •- M' N N Ih d' c0 M i-- L7 (D d' O N ? Ifi rn ?;I17 ;... j cD N .- ?.N N h M r ? ? M mid of 1 o N rn 0 Ln N CC) 00 In O N 0 in M CO1N OIN :t O r (•J (A N N N M 4 M O h I!7 NI(D N;M Z Z Z Z W Z NI Z Z O Z Z Z Z Z Z I Zltn w z - cv M .r ?? iD r. corn O •- N M °tl tn w i rl oo J _I J -1 J J 1 ? J J J _1 __I J J i J J J i _J LAJ c? t U j 1O d•? r o / N, a / ?( 00 W.• / W N U IN ?) mm •S 'b P Q2 U ti N? /f 'Oh rn ,r Vt !n.v h WN h? n NN U ° J V'. 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F rRETTS L'j (niLaO?U? 6- ? `l v c) C) W W?O V= ?Q? 2WZtnn°DJ U W W C) U) UFO 1= v>3Q~p?Q?NZ 2v>?Z? QLTi U'-Q UOU?.•?O ' N L- C a kn v J F 7 D J q J O ?. ? R W j S ? i, W 3 ?I ti r 4 O ? j Y 21 0 ' O aU 3 a o- 'lyv) r a ? U z o U L C / ?: U a -I C , 41 4i rr Li wb 4 7 AAM?Omk Amt August 12, 2008 NORRIS, KUSKE &TUNSTALL, CONSULTING ENGINEERS, INC. To Whom It May Concern: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. J.A. Kuske, P.E. of Counsel The letter serves to inform you that Norris, Kuske & Tunstall Consulting Engineers, Inc. located at 902 Market Street, Wilmington, NC 28401, as the design firm of record and under contract with the project owner, Raiford G. Trask, Jr., hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at the property known as South Bridge Subdivision in Sneads Fegy, NC. All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all previous Agent-related correspondence. Sincerely, Jo n S. Tunstall, P.E. JST/asn 07063 08-12-08-agent authorization-Itr cc: Thomas King / Spangler Environmental, Inc. 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 9 Fax: 910.343.9604 'O'N xA1Nnoo MOISNO OLD-9 Ge me ' M%-CK 016ipo%YJ low ON N01JNRfY ? O AlINf1WW00 'S3m a3NNVId 3641US H1f10S ea 3N N010NRMlM M99 CM-CK (016) NOW 133tl1S 1371eM1 906 w; e? 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