HomeMy WebLinkAbout20171490 Ver 1_401 Application_20171116LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
November 13, 2017
TO: Mr. Robb Mairs
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Salt Creek Subdivision; Carteret County, NC
401 WQC Application
Action ID# SAW -2017-00226
Dear Robb:
oI�C�CO�IC
IV t 6 2017'
D O A ER RESOURCES
401 & BUFFER PERMITTING
Enclosed is a 401 Water Quality Certification Application for your review. It is submitted on
behalf of Salt Creek Holdings LLC for the construction of a single-family residential development
named Salt Creek Subdivision, located off of Henderson Drive in Newport, NC. In order to
provide access throughout the site, temporary impacts to 0.004 acre of 404 wetlands and 20 LF
of stream as well as permanent impacts to 0.30 acre of 404 wetlands and 10 LF of stream are
needed. The applicant proposes mitigating for the permanent impacts by purchasing credits
from the NC Division of Mitigation Services.
Enclosed are the PCN form, site maps, and site plan. Additionally, the 401 WQC application fee
and copies of this application have been submitted to the DWR Raleigh Office. Please let me
know if you have any questions or need additional information in order to issue the 401 WQC.
Thank you for your assistance with this project.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
cc: Mr. Ray Murdoch, Salt Creek Holdings, LLC
Ms. Ginger Turner, Stroud Engineering
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
AT��EROG
p
r/S
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
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 E] Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 & 14 or General Permit (GP) number:
1 c.
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 ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
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
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Salt Creek Subdivision
2b.
County:
Carteret County
2c.
Nearest municipality / town:
Newport
2d. Subdivision name:
Salt Creek Subdivision
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Salt Creek Holdings, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
c/o Mr. Ray Murdoch
3d.
Street address:
505 Crestwood Drive
3e.
City, state, zip:
Newport, NC 28570
3f.
Telephone no.:
252-725-1226
3g.
Fax no.:
3h.
Email address:
rmurdoch002@ec.rr.com
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify.-
pecify:4b.
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
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 12
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
631604502569000
1 b. Site coordinates (in decimal degrees):
Latitude: 34.72343 N, Longitude: -76.95080 W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
21.95 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
West Prong Broad Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
SA; HQW
2c. River basin:
White Oak
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:
The tract is currently undeveloped and forested. One dirt road runs through the site and provides access to land located
north of the site. Adjacent land use is mostly residential or undeveloped and forested.
3b. List the total estimated acreage of all existing wetlands on the property:
12.2 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,380 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a single-family residential subdivision within the tract. Two wetland
impacts and one stream impact are needed to provide access to uplands throughout site.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project includes the construction of a single-family residential subdivision. This project will have 45 lots, road (50' wide
ROW), and utilities. The culvert will be sized to maintain hydrologic connectivity. Water lines will be located within the corridor.
Septic systems will be utilized on site. The roadways will be cleared of vegetation and fill material will be brought to the site to
level the area of disturbance. Utilities will be installed. A culvert will be installed at the wetland crossing. Track hoe, loader,
dump truck, bob cat, and other standard construction equipment will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Matt Smith
ESI
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Ms. Rachel Capito of the USACE issued the JD on May 8, 2017 (Action ID# SAW -2017-00226).
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.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
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
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
wetland
DWQ — non -404, other)
(acres)
Temporary T
if known
W1 ❑ P ® T
Road Construction
Access
Riparian
® Yes
❑ No
® Corps
® DWQ
0.001
W2 ❑ P ®T
Road Construction
Access
Riparian
® Yes
❑ No
® Corps
® DWQ
0.003
W3 ®P ❑ T
Road
Widening/Culvert
Riparian
® Yes
❑ No
® Corps
® DWQ
0.004
W4 ®P ❑ T
Road Widening
Riparian
® Yes
❑ No
® Corps
® DWQ
0.008
W5 ®P ❑ T
Road Widening
Riparian
® Yes
❑ No
® Corps
® DWQ
0.06
W6 ®P ❑ T
Road Widening
Riparian
® Yes
❑ No
® Corps
® DWQ
0.001
W7 ®P ❑ T
Road Crossing
Non- Riparian
® Yes
❑ No
® Corps
® DWQ
0.227
2g. Total wetland impacts
Temp: 0.004 ac
Perm: 0.30 ac
2h. Comments:
3. Stream Impacts
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
Perennial
Type of
Average
Impact
number -
name
(PER) or
jurisdiction
stream
length
Permanent (P) or
intermittent
(Corps - 404, 10
width
(linear feet)
Temporary (T)
(INT)?
DWQ — non -404,
(feet)
other)
S1 ❑ P ® T
Road Construction
Access
West Prong
® PER
❑ INT
® Corps
® DWQ
5
5
S2 ❑ P ®T
Road Construction
Access
West Prong
® PER
❑ INT
® Corps
® DWQ
5
15
S3 ®P ❑ T
Road Widening
West Prong
® PER
❑ INT
® Corps
® DWQ
5
10
❑ PER
❑ Corps
S4 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S5 ❑ P ❑ T
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
Temp: 20 LF
Perm: 10 LF
3i. Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts N/A
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 im acts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction N/A
If pond or lake construction proposed, then com fete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose of
pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Floode
d
Filled
Excavate
d
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no.-
o:5i.
5i.Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
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 EJ 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 T
impact
required?
131 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
❑Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12
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 project engineer attempted to minimize wetland and stream impacts within the site when developing the site plan.
However, wetland fingers extend into the property and it was not possible to avoid all jurisdictional areas and still maintain an
economically viable project. Wetland impact #7 could not be avoided without losing several lots. Wetland Impacts #5 and #6
are needed to install a cul-de-sac for emergency vehicle turn -around. The remaining impacts are needed to widen an existing
road into an adjacent tract. This adjacent tract may become an additional phase of this development. The width of the roads
on site has been minimized as much as possible. The existing 18" culvert at the road widening will be replaced with a 36"
culvert to ensure that hydrologic connectivity is maintained. Per USACE and DWR requirements, it will be buried (see
drawings).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be used during construction to reduce sediment from eroding into jurisdictional areas.
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 N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.4 acres
4f. Non -riparian wetland mitigation requested:
0.1 acres
4g. Coastal (tidal) wetland mitigation requested:
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 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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).
6h. Comments:
Page 9 of 12
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan N/A
1a.
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?
12%
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:
Project engineer has applied for a low density stormwater permit.
❑ 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 N/A
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ 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
® 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
❑ Yes ® No
attached?
5.
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 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
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
El Yes
❑ No
letter.)
Comments: N/A
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.
This project will not provide access or utilities to adjacent undeveloped properties.
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.
Wastewater generated by this project will be treated with on-site septic systems.
Page 11 of 12
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 website was used to determine the presence of federally -listed species. No federally listed
species are known to occur on the site. Red cockaded woodpeckers are known to occur within the Croatan National Forest,
which is located just west of the site. No cavity trees have been observed on site. It is our understanding that per US Forest
Service guidelines, foraging habitat is accounted for within their property. Therefore, this site is not required to be managed
for RCW foraging habitat. The USFWS has been contacted to confirm this. The West Indian manatee and Atlantic sturgeon
are known to occur within a one -mile radius of the site, likely within Broad Creek and Bogue Sound, which are located east
and south of the site, respectively,
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. Broad Creek is classified as EFH for Shrimp. No work within the DCM AEC is proposed for this project.
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 historical resources were noted within or adjacent to the 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:
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. Developer will ensure floodplain standards are
met during construction.
Kim Williams
'
11/10/2017
Applica t/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
Date
is provided.)
Page 12 of 12
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, 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 the Salt Creek Subdivision, Newport, NC project. All questions in regards to this project
should be directed to Land Management Group, Inc.
Sincerely,
Applicant
Print Name
//-?-/7
Date
_ NC SR
Erneraid isle E
(c) OpenStreetMap and contributors, Creative Commons -Share Alike
License (CC -BY -SA)
*Boundaries are approximate and are not meant to be absolute.
Map Source: ArcGIS World Street Map
Salt Creek Subdivision
Carteret County, NC
LMG
I ANP 11AFA(ICAIFYi ,ROLT
www.lmgroup.net
November 2017 3805 Wrightsville Avenue
LMG # 40-17-300 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 Carteret County GIS Mosaic
Salt Creek Subdivision
Carteret County, NC
LMG
www.lmgroup.net
November 2017 3805 Wrightsville Avenue
LMG # 40-17-300 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
SCALE 1" = 500'
Figure 2
USGS Topographic Map
Legend
KuB: Kureb sand, 0-6% slopes
Ln: Leon sand
'Boundaries are approximate and are not meant to be absolute.
Map Source: NRCS Soil Survey
Salt Creek Subdivision
Carteret County, NC
LMG
LAND MANAGEMENTGROUP
www.lmgroup.net
November 2017 3805 Wrightsville Avenue
LMG # 40-17-300 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
SCALE 1" = 500'
Figure 3
Soils Map
`Boundaries are approximate and are not meant to be absolute.
Map Source: 2016 NC OneMap Aerial Photography
SCALE 1" = 500'
Salt Creek Subdivision LMG
LANG MANAGBIENT 6ROUP .•
Carteret County, NC ,, Figure 4
www.lmgroup.net Aerial Photograph
November 2017 3805 Wrightsville Avenue
LMG # 40-17-300 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
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LAND DISTURBANCE LIMITS
W -
PROPOSED WATERLINE
- -18-
- EXISTING CONTOUR
101 WETLANDS
SK
FP -LED WETLANDS
SHEET x 2 OF 2
PROJECT u: PM816-23-001
DESIGN FILE a: PM816-23-001 SALT CREEK
wg�NAA
FIFO�c
SO
30
Wetland Impact #7:
0.227 ac (9,897 sf)
w�
IY \
W \
777 W�
7,3
WETLAND/STREAM IMPACTS
Impact #1 (Temporary): 50 sf wetlands
5 LF stream
Impact #2 (Temporary): 135 SF wetlands
15 LF stream
TOTAL TEMP: 185 sf (0.004 ac)
20 LF stream
Impact #3 (Permanent): 160 sf wetlands
10 LF stream
Impact #4 (Permanent): 352 sf wetlands
Impact #5 (Permanent): 2,629 sf wetlands
Impact #6 (Permanent): 62 sf wetlands
Impact #7 (Permanent): 9,897 sf wetlands
TOTAL PERM: 13,100 sf (0.30 ac)
10 LF stream
i - i ��• 75
So �•00,
Wetland Impact #1 (Temp):
0.001 ac (50 sf)„�• GRAVEL v
Stream Impact #1 (Temp): 4 CUL-DE-SAC
5 LF Ln
PROPOSED
SEP -TIC
FIRE HYDRANT _ �1% F I EL O
Wetland Impact #3: t NI - 1 o
920.004 (160 sf) 3• y- �s ED 6 ”
W
Stream Impact#3: SQ �TERL NF
10 LFdsl �.5°ATF�V vv
���� AI M
1 .6
M �s '✓ �' ..4P 6•9A
Wetland Impact #4: tO
1q'
0.008 ac (352 sf) 3 39 3 .
Wetland Impact #2 (Temp). ■ -Wetland Impact #5:
0.003 ac (135 sf) _ 0.06 ac (2,629 sf)
■ Wetland Impact #6:
Stream Impact #2 (Temp): 15 LF 0.001 ac (62 sf)
■
PROPOSED
GRADE
\ 1
EXISTING
GRADE
----------------- -------------
50LF 36"HDP.E LAID
IN STREAM BOTTOM:
WITH 25% BURIAL �4I
EX.;50LF 18 CMP : PROPOSED
WA
TO -BE REPL-ACED , - - - . N.
S INV 2.89
N INV 1.44
8
W1
Oj
WETLAND IMPACTS
4 SALT CREEK
WHITE OAK TWSP-CARTERET COUNTY -NORTH CAROLINA
2 CLIENT: SALT CREEK HOLDINGS. LLC DESIGNED:
RDC/GYT
ADDRESS: 505 CRESTWOOD DRIVE DRAWN:
NEWPORT. NC. 28570 RDC/GYT
0 PHONE: (252) 223-2229 CHECKED:
GYT
APPROVED:
S STROUD ENGINEERING, P.A. GYT
T 107 B COMMERCE STREET DATE:
GREENVILLE, N.C. 27858 11/1/17
(252) 758-9352 LICENSE NO. C-0647 SCALE'
. 1"= 50'
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-00226 County: Carteret U.S.G.S. Quad: Salter Path
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Ray Murdoch
Murdoch Associates
505 Crestwood Dr
Newport, NC 28570
Applicant: Matt K Smith
Environmental Services Inc.
P.O. Box 2181
Wilmineton, NC 28402
910-520-0784
Size (acres) 40 Nearest Town Broad Creek
Nearest Waterway Bogue Sound River Basin Pamlico
USGS HUC 03020106 Coordinates Latitude: 34.72343N
Longitude: -76.95080 W
Location description: Henderson Rd Newport, NC 28570 Carteret County
Henderson Road is located directly off of NC -24 across the street from Bogue Sound Elementary School and Croatan High
School. The property shares a boundary with Croatan National Forest to the west and southwest.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
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 (RHA.) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in 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.
Page 1 of 2
_ There are waters of the U.S., including wetlands, on the above described project area 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 recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be
verified by the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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.
_ The waters of the U.S., including 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.
_ There are no waters of the U.S., to include wetlands, present on the above described project area 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.
X 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 Wilmington, NC, at (910) 796-7215 to determine
their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at
(910)-2514487 or Rachel.A.Capito(a)usace.army.mil
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Supplement to
the 1987 Wetland Delineation Manual. Site visit on 4-13-2017 by Thomas Charles and Rachel
Capito.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. 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 following address:
0
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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
Digitally o ned en��o 6790corespondence.*CAPITO.RACHEL.ANN.153627 OcS=US.Cwrnmtoom=PK
6790 —11S0t 05.AMOR00 32-04'ANN.)536276790
Corps Regulatory Official:
Date: May 8, 2017 Expiration Date: N/A
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
http://co[psmapu.usace.army!.mil/cm apex/Pp=136:4:0.
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 05/08/2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Murdoch Associates, Inc.; Ray Murdoch; 505 Crestwood Drive Newport, NC 28570
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Henderson Dr Newport, SAW -2017-00226
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Carteret City: Newport
Center coordinates of site (lat/long in degree decimal format):
Lat.: 34.72343 Long.: -76.95080
Universal Transverse Mercator: WGS84
Name of nearest waterbody: West Prong Broad Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
0 Field Determination. Date(s): 05/13/2017
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
In review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 101404)
Table of Aquatic Resources in Review Area Which "May Be" Subject to Regulatory Jurisdiction.
Site
Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
Amount in
Review
Area
Type of Aquatic
Resource
Geographic Authority
to which the aquatic
resource "may be"
subject
W1
34.72428
-76.95291
8.0 ac
wetland
Section 404
W2
34.72320
-76.94976
1.7 ac
wetland
Section 404
W3
34.72518
-76.94975
2.0 ac
wetland
Section 404 / CAMA
W4
34.72480
-76.94994
0.2 ac
wetland
Section 404
W5
34.72552
-76.95166
0.3 ac
wetland
Section 404
Sl
34.72429
-76.95254
944 linear ft
non -wetland waters
Section 404
S2
34.72326
-76.94970
435 linear ft
non -wetland waters
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
In less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
W Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑� U.S. Geological Surrey map(s). Cite scale & quad name:Fol Salter Path, NC
Natural Resources Conservation Service Soil Survey. Citation: Carteret County
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
[] 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
n Photographs: Q Aerial (Name & Date): 2010 ESRI World Imagery
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
determinations.
CAPITOAACHEL.ANN.15
36276780 a names +,�•»uwmaw
Signature and date of
Regulatory staff member
completing PJD
Matt Smith, s
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up Is
necessary prior to finalizing an action.
Flagging Sequences
S1 SMA1-32 N
S2 SMB1-26
W1 WMA1-10; WMB1-133
W2 WMD1-84
W3 CMA1-68
W4 WME1-7
W5 WMC1-9
i 4t
Project Study Areas
Potential Non -Wetland Waters of the US (Stream)'
r
Potential Wetland Areas
Potential Wetland Waters of the US*
Potential Wetland Waters of the US (Coastal)'
'Location and Extent is Approximate
0 150 300
Feet
Sources: High Resolution NG Statewide Orthoaragery. CGIA. 2016: Prolea Study Area
aCqueed from Calvet County Parcel Data.
Disclaimer. T nbrmaeon depktad on this figure is for Informational pup eset only aM was
not prepared for, end it not tuaabl. for legal or engineaing purposes. This information presented
is not for regulatory review and h intended fa use only by • Professional Land Surveyor prior
W regulatory review.
ENVIRONMENTAL
SERVICES, INC.
Potential Wetlands/Waters Project: ER16115.01
Date: Mar 2017
4001 Tradenwrk Drive
Henderson Drive
Raleigh, NC ]7810
(9,012, 2-1760
(010)212-+767 FAX
Drwn/Chkd: LJ/KT
Carteret County, North Carolina
onmenfNa.nices nc com
Figure: 3
P'{GeoGre+Projeda�20161t 15\GIS107yudR_ACOE.mad Data: 327120171:52:14PM