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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 29 M _� IN c 4� Sq� � 76S s0'°q�q Fk 07 �wrFR� �'9 P 71 19 So 0 FIE Ic LEGEND AC - ACRE LF - LINEAR FEET BLDG - BUILDING MAX - MAXIMUM BRC - BEARING MBL - MINIMUM BUILDING LINE CF - CUBIC FEET MIN - MINIMUM CL - CENTERLINE N/F - NOW OR FORMERLY DR - DRIVE NTS - NOT TO SCALE DI - DROP INLET O.C. - ON CENTER DIP - DUCTILE IRON PIPE R- RADIUS EL - ELEVATION RCP - REINFORCED CONCRETE PIPE FIR - EX. IRON ROD R/W - RIGHT-OF-WAY EDP - EDGE OF PAVEMENT SH - SHEET EX - EXISTING SIR - SET IRON ROD FE - FINISHED ELEVATION STA - STATION FES - FLARED END SECTION TYP - TYPICAL FF - FINISHED FLOOR FT FEET GV- GATE VALVE INV - INVERT - SF - SILT FENCE LD - 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