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HomeMy WebLinkAbout20081674 Ver 3_CAMA Application_20180321Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Ms. Karen Higgins Env. Biological Supervisor Division of Water Quality Wetlands Unit FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 19 March 2018 SUBJECT: CAMA Application Review APPLICANT: Carlton G. Hardee ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RecelvED MAP 212018 *- A' 40 QuAur1 ITER p1jU Respond to Greg Bodnar Morehead City Office PROJECT LOCATION: Project site is located off SR 1190 at 1 Bay Drive in the Bay Hills Subdivision adjacent the Pamlico River near Chocowinity, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace an existing driveway culvert and fill approximately 498 sq feet of 404 wetlands as regulated by the US Army Corps of Engineers. Please indicate below your position or viewpoint on the proposed project and return this form by 91h April 2018. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date !'Nothing Compares-%,. Saaof\ad%Cuduu Er.%zeonmerta:Q;a:in• Couu:\Samz#mer.: 943tt'asfur1"$quu*Mall tt'aw*.�n�on.�C:'889 :5:9166181 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Carlton G. Hardee 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1190 at 1 Bay Drive in the Bay Hills Subdivision on the Pamlico River near Chocowinity, North Carolina Photo Index —1995; 99-1046, J-17 2000;99-1124,K-4 2006;99-8174,N-21 State Plane Coordinates - X: 2,588,900 Y: 637,800 Hackney Quadrangle — Upper Right Corner 3. INVESTIGATION TYPE: CAMA, Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —15 March 2018 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 26 February 2018 Office — Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan -1997 Beaufort County Land Use Plan Land Classification from LUP - Conservation (water), Rural (land) (B) AEC(s) Involved: Estuarine Water, Public Trust Area and Coastal Shoreline (C) Water Dependent: Yes (D) Intended Use: private (E) Wastewater Treatment: Existing - none Planned - Pumped to offsite disposal location (F) Type of Structures: Existing - bulkhead Planned - driveway culvert (G) Estimated Annual Rate of Erosion: N/A (H) Source — applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHF.R (A) Vegetated Wetlands (404) ±498 ft2 (driveway) (B) Non -Vegetated Wetlands River Bottom (C) Other (Uplands) covered (D) Total Area Disturbed: ±498ft2 (0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SB NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing driveway culvert and fill ±498 ft2 of section 404 wetlands as regulated by the U.S. Army Corps of Engineers. Carlton G. Hardee Beaufort County Major Modification CAMA Major No. 84-11 Proiect settinL Hood Richardson, PA on behalf of Mr. Carlton Hardee has submitted the attached application for the filling of Section 404 wetlands as a Major Modification to CAMA Major Permit No. 84-11 issued to him on 30 June 2011. CAMA Major No. 84-11 authorized the construction of 135 linear feet of bulkhead, pier with platform, wet slip and a boathouse. Additionally, the Permit authorized a retaining wall and a single-family dwelling. The project site which consist of 2 lots is located off SR 1190 at 1 Bay Drive adjacent the Pamlico River near Chocowinity in Beaufort County, North Carolina. Lot A is approximately 0.83 acres in size and Lot C is approximately 0.98 acres in size. Lot A has approximately 230' along the Pamlico River and 150 linear feet along an unnamed tributary. Man-made features on Lot A consist of a single-family dwelling with associated culverted driveway which is located within the Coastal Shoreline Area of Environmental Concern (AEC) of the tributary. Additionally, Lot A has a bulkhead, boat ramp, pier and boathouse. Lot C has 133 linear feet of shoreline along the Pamlico River. Mr. Hardee has completed the permitted bulkhead on Lot C. Currently this is the only man-made feature on the Lot C. Both lots contain high ground immediately adjacent to the Pamlico River with a Section 404 wetlands located 150' to 70' landward of the existing bulkhead. This high ground transitions into a Section 404 Wooded Wetland that has been delineated by the US Army Corps of Engineers. The high ground on the property is approximately 4' above NWL. Both the upstream and downstream properties are undeveloped. The Pamlico River is classified as SB NSW by the Environmental Management Commission at the project site. The Pamlico River at this location is Coastal Waters and is not open to shell fishing. The project site is subject to the NC Division of Water Resources Tar -Pamlico Buffer Rules. Project description The applicant proposes to relocate the existing driveway culvert on Lot A, within the Coastal Shoreline AEC of an unnamed tributary, which leads to both Lot A and C. In addition to this replacement/relocation the applicant proposes to fill approximately 498 square feet of Section 404 wooded wetlands to increase accessibility to the project site. Anticipated impacts The project will result in the filling of approximately 498 square feet of Section 404 wooded wetlands regulated by the U.S. Army Corps of Engineers located within the Coastal Shoreline AEC. Kelly Spivey — 15 March 2018 NARRATIVE RECEIVED CARLTON G. HARDEE FEB 0 5 2018 CAMA MAJOR PERM9IT MODIFICATION OCM_WARO December 6, 2017 This project is located in Beaufort County at the confluence of Chocowinity Bay and the Pamlico River on the south side of the Pamlico River. A CAMA major permit for this site was issued during 2011 to Mr. Hardee. Mr. Hardee proposed to fill 498 square feet of 404 wetlands at a sharp turn in the 15 foot wide right of way located on Lot A. In addition Mr. Hardee proposes to abandon the 12 inch diameter by 15 foot long culvert crossing the driveway and install a new 12 inch by 16 foot long culvert at the western edge of the fill area. The invert elevation of the new culvert will be set at the same elevation as the abandoned culvert. There is no tidal or other steady flow through the culvert being abandoned. Surface water hydrology will not be changed when the replacement culvert is installed. Both the existing culvert and the new culvert will handle fresh water from the wetland area during heavy rains. The reason for replacing the culvert is the existing culvert cannot function when the fill is placed. There are no CAMA wetlands in the area to be filled. The purpose of this fill is to provide access to Lot C. P ILf /1 na KN EM /4,4 J-6 /z APPLICATION for FEB 0 5 20118 Major Development Permit (last reWsad 12=106) DCM-WARD f North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Cq/,� L rbt� MI G Last Name AA"Z cue "9— Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1 Q 1 0 g Ui PO Box #A City �cJwlgl State t /w� ZIP Country r Phone No. 2fZ ' 7 / 7� xt. IVIA FAXo /Y/-/4 - Street Address (d different from above) City State ZIP Email /4 2. Agent/Contractor Information Business�Namej o %�;O,)P) 4 d L�4 Y1 --1s / Agent/ Contractor 1: First Name MI Last Name r,dZ-. hof Agent/ Contractor 2: First Name MI / 11 Last Name A,1111 1- Mailing Address U 1/-eST ✓ .Q co -,4- STi��'�fi- PO Box /,i City/ 1 lk/ 4,y rt}'� State A/C ZIP Phone No. 1 Phone N& 2 -796? 21, - 73 —Y(r 4 ext. FAX No. Contractor # /K A - Street Address (if different from above) City State ZIP AM Email � k9 I'(- p RP5 o /Y P4 11P,� rc 44 U <Form continues on back> Form DCM MP -1 (Page 2 of 4) RECEIvhu FEB 0 5 2018 r%e%mLx 1AIAW) 01-412LM�V G,AgXJAA--t��rTTs2vv���� j= ! C0''ARPlkATION for Major Development Permit 3. Project Location County (can be multiple) 5r Street Address 1 fS� alziVE State Rd. # ()Fir 57g f/4 -,q /'1- '%. d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) Subdivision Name 6� l�i��l s City GWocO 4rJ'O1( fT 0 4 State Mc Zip f. Man-made features and uses Jnow on tract To w�cS , fi /1 44S clove j� 4-f6 PA � A S1 Ie A4 I IV A Itis/J Phone No. ? ext Lot No.(s) (rf many, attach additional page with list) i11 ` ,2fz--71V- /.i o P. U/R D r1C GDT SQ pi a. In which NC river basin is the project located? b. Nape of body of water nearest to proposed project '+ g- to'A M L I C O / ,4A46`e® Ai ✓22 c. 1 th ater body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. k atural ❑Manmade []Unknown gel! t��� r^ L _G J k ( 'OVj e. Is proposed work within city limits or planning jurisdiction? f. If applicable,, list the pl nninCg'juuriisddiction or city limit the proed ❑Yes ❑No AL/4 I work falls within. I - VIA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) dos F ©, AcA,- c. Size of individual (, lot(s) / c ! a /f Cf Q— 4/f C d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) (K many lot sizes, please attach additional page with a list) Ll rAW ❑NHW orXNWL e. Vegetation on tract W,9(.)d -eJ/ f. Man-made features and uses Jnow on tract g. Identify and describe the existing land uses adiacent to the proposed project site. fi /1 44S clove j� 4-f6 PA � A S1 Ie A4 I IV A Itis/J h. How does local government zone the tract? i. Is the proposed project Wnsistent with the applica a zoning? " C No (Attach zoning compliance certificate, if applicable) ❑Yes ❑No *A j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes �lo [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yeso [INA National Register listed or eligible property? <Form continues on next page> Form bCM MP -1 (Page 3 of 4) wlrvk' orDlz- lz'rd, i x i c+t- o/ APPLICATION for - . Major Development Permit m. (1) Are there wetlands on the site? es []No (ii) Are there coastal wetlands on the site? ❑Yes 39�10 (iii) If yes to either (1) or (ii) above, has a delineation been conducted? (Attach documentation, if available) es []No n. Describe /(existingwa tewateer treatment facilities. 4? n '-n / �]� P/ o. Describeexisting drinking water supply source.IV70Y t S` K4 & — existing storm water manageme t or treatment systems. r-6� pqv14� 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment rivate/Community b. Give brief description of purpose, use, and daily operations of the project when complete. hCP e,4rl'P-/, Je4All /% Owe/ -Z. ChTO47( 1� TV �c�lYt" T� 1/2.1�,1� SPS Alu c. Describe the proposed construction methodology, types of construction equipm6nt to be dsed during Onstruction, the number of each type of equipment and where it is to be stoned. F—� C'4vnre y"c 9-50d l F► 11 wi tli � tit. !%Se t� 1t Fie •><«s,/9, Ur -e d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? bt% tt 1< , f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres 8 s, aLA g. Will the proposed project encroaeh on any public easement, public accessway or other area []Yes VNo [INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Jf� �C_9 JA14 tie 1-� r �, e ^4 � d o4lzi`U e "y, L Will wastewater or stormwater be discharged into a wetland? ` �, t✓ 43,VJ1 / es ❑No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? 7 Yes ❑No ❑NA j. Is there any mitigation proposed? Oyes o ❑NA If yes, attach a mitigati Rrm nVv FEB 0 5 201E <Form continues on back> Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In additron to this completed application form, (MP1)the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please Consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. A71./*c ke1 b. An accurate, dated work plat (including platin view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. A;- (—A CLk c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 'o,,,r7—&' t f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the pro sed project to the Division of Coastal Management Name 6 Lat r13 M, uu Phone No. It/ 9' —363_ ZG 2Z_, ( Address D ,. e �hi" A ,' ?SO% Name /�- rr i (41, Ihar-'L ^f -e- 64 `, Lr I S Co^,P t,P Phone No. 21-Z-cl Address t (% r t Y 1A /iSA.I it to � � �i l 7 ,d 1 O < Name w/�1r►t Ai d lil �"Y hlG�f vlt��Q D� "No.zago Address 401 6 / �, G 3 S ✓�- 6'65 ale /i.C, g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. S�rzMt "pea ASO 6�OIOD0 g h. Signed consultant or agent authorization form, if applicable. ,4 i. Wetland delineation, if necessary. f� /H j. A signed AEC hazard notice for projects in [oceanfront and inlet areas. (Mu be signed by &party weer) NIA A k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involvesv expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7, Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify//:Z that the information provided in this application is truthful to the best of my knowledge. Date / 1 Print Name C /` tLI-1-0 ee Signature (2 Q,Gb46RECEIVE- . Please indicate application attachments pertaining to your propo ed roject. FEB O 5 XICM MP -2 Excavation and Fill Information CM MP -5 Bridges and Culverts 2� ❑DCM MP -3 Upland Development []DCM MP -4 Structures Information DCA4. 02 e ' . • �� � �. �'� hG G • iv��n arm Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for.CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1. EXCAVATION , is section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. {,,�j' c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cw ❑SAVNon ❑s6 �d RECEIVED �WL �7l []None G (ii) ascribe the purpose of the excavation in these areas: FEB 0 5 2018 DCM-WARD 12. DISPOSAL OF EXCAVATED MATERIAL %This section not applicable a. Location of disposal area. b. Dimensions of disposal area. .„/ c. (i) Do you claim title to disposal area? d. (i�il isposal area be available for future maintenance? o NA 8 (ii) f no, attach a letter granting permission from the owner. (ii) If yes, where? /K U e. (i) Does the disposal area include any coastal wedands/marsh f. (i) Does the disposal include any area in the water? (CW) submerged aquatic vegetation (SAV), shell bottom (SB), ae„�- -- or other wetlands (WL)? If any boxes are checked, provide the '7��0 LJ NA number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB — (ii) Describe the purpose of disposal in these areas: Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 14 Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION , is section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. {,,�j' c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cw ❑SAVNon ❑s6 �d RECEIVED �WL �7l []None G (ii) ascribe the purpose of the excavation in these areas: FEB 0 5 2018 DCM-WARD 12. DISPOSAL OF EXCAVATED MATERIAL %This section not applicable a. Location of disposal area. b. Dimensions of disposal area. .„/ c. (i) Do you claim title to disposal area? d. (i�il isposal area be available for future maintenance? o NA 8 (ii) f no, attach a letter granting permission from the owner. (ii) If yes, where? /K U e. (i) Does the disposal area include any coastal wedands/marsh f. (i) Does the disposal include any area in the water? (CW) submerged aquatic vegetation (SAV), shell bottom (SB), ae„�- -- or other wetlands (WL)? If any boxes are checked, provide the '7��0 LJ NA number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB — (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATIONis section not applicable (if development is a wood groin, use MP -4 — Structures) a. i ype or snoreune staomzanon: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? $kYes []No[INA yes, I , (ii) Amount of material to be lace in the water iVv 40 (iii) Dimensions of fill area �� 5 �R (iv) Purpose of fill Pd /3-G 9- 60 Cv b I W it -A " y u 6Avs4 3 -to je. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No [INA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. FEB 0 5 2018 applicable b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV OSB $WL -�fj ❑None (ii) Describe the purpose of the fill in these areas: 4+-S 6.� l 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controll ? backhoe, or hydraulic dredge)? /3,tG!< Lie— C. (i) Will nay4geflonal aids be required as a result of the project? []Yes No ❑NA (ii) If yes, plain what type and how they will be implemented. Date ///7/19 Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes o ❑NA (ii) If yes, explain tees that will be taken to avoid or minimize environmental impacts. Applicant Name �f 4 K/ro q G. #4^J -"- t Sig ture r«.MOw" BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES is section not applicable a. Is the proposed bridge: ❑Commercial ❑Public(Govemment ❑PrivatelCommunity c. Type of bridge (construction material): e. (i) Will proposed bridge replace an existing bridge? []Yes ❑No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) AcG la1B b. Water body to be crossed by bridge: d. Water depth at the proposed crossing at NLW or NWL: f. (!)Will proposed bridge replace an existing culvert? []Yes []No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) 9• Length of proposed bridge: w ® h. Width of proposed bridge: i. Will the proposed bridge affect existing wateONo j. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? ❑Yes []No If yes, explain: k. Navigation clearance underneath proposed bridge: 1. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes []No If yes, explain: M. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: waters? ❑Yes []No If yes, explain: 2. CULVERTS ❑ 7his section not applicable a_ NnmF.ar ..f n,.L.e.a� ...�. .{. �. ui..•..-�....�..: ..i:_a. a�___.�___s:_ - �._�.._.,.. ... ........... 1 ... ............v -w-.w w pay . C'24 -4.e" kZTC-10�%- w�, T / 44 4s AWd L9F_FK. < Form continues on backs c. Type of culvert (construction material): pYL d. (i) Will proposed culvert replace an existing bridge? ❑Yes If yes, /. (ii) Length of existing bridge: t // (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: _ (v) Will all, or a part of, the existing bridge be removed? (Explain) f• Length of proposed culvert: / 6 1''4-t h. Height of the top of the proposed culvert above the NHW or NWL. -0-4-16 K-X-1� e. (i) Will proposed culvert replace an existing culvert? )Oles []NoIfyes, J (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): 7 1 (iv) Height of the top of the existing culvert above the NHW or NWL: - D-,Ae F4,0 r (v) Will all, or a part of, the existing culvert be removed? (Explain) A !l L(J �v`2 ry GcJy l=(iI lI iil/iCS'A 9• Width of proposed culvert: 7- r/ d/ eL" ie rvk j. Will the proposed culvert affect navigation by reducing or j( k. increasing the existing navigable opening? ❑Yes No If yes, explain: R /A Depth of culvert to be buried below existing bottom contour. i� Al L f U y7r� Will t e proposed culvert aff ct existing water flow? ❑Yes YNo If yes, explain: 3. EXCAVATION and FILL ❑This section not applicable a. (1) Will the placement of the proposed bridge or culvert requi a y excavation below the NNW or NWL? 0 YesN0 If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (1) Will the placement of the proposed bridge or culvert requirq any high -ground excavation? []Yes Mo If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL None (ii) Describe the purpose of the excavation in these areas: IA-. FEB 0 5 2018 DcM-WA , ti,I ve— W71 g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d a to be placed on high -ground? ❑Yeso If yes, (ii) Avg. length of area to be filled:/ l (iii) Avg. width of area to be filled: (iv) Purpose of fill: 4. GENERAL a. Will the proposed project require the relocation of any existing, b. Will the proposed project require the construction of any tem ry utility lines? ❑Yes No detour structures? ❑Yes o If yes, explain: If yes, explain: lf this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> FEB 0 DCM-vl A L ru IV 67, /p�/c dee ., d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area: �C cr % I✓! Q� 2A Ok ?� D 2 d/s fLIX A -1f M .e tca-, (ii) Dimensions of the spoil disposal area: r .f-T Z L fi %� do �$ /%Ked/ (iii) Do you claim title to the disposal area? Wes ONO (if no, a ch a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? Q es ONO (v) Does th ( disposal area '1,);Cyy1s%1ale` (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell �ds/marsh bbotttn SB ? W❑SAV SB ❑None I1 " If any boxes are checked, give dimensions if different from (ii) above.My) 023 r-PcVj (vi) Does the disposal area include any area below the W or NW ? ? ❑Yes Nom f,) ) If yes, give dimensions if different from (ii) above. 6" e. (i) Will the placement of the proposed bridge or culvert result in any f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to/ fill (other than excavated material described in Item d above) to be placed below NHW or NWL? Oyes 0 be placed within coastal wetlands/marsh (CW), submerged If yes, (WL)?cvegetation if ( wetlandsSAV), shell bottom (SB). or other any boxesi are checked, provide the number square (ii) Avg. length of area to be filled: feet affected. (iii) Avg. width of area to be filled: ❑CW ❑SAV OSB (iv) Purpose of fill: J NL ❑None Ile_ tV-S (ii) Describe the purpose of the excavation in these areas: Afu-u-, ffov cirri 04, -T�L ,54A " AlAY g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d a to be placed on high -ground? ❑Yeso If yes, (ii) Avg. length of area to be filled:/ l (iii) Avg. width of area to be filled: (iv) Purpose of fill: 4. GENERAL a. Will the proposed project require the relocation of any existing, b. Will the proposed project require the construction of any tem ry utility lines? ❑Yes No detour structures? ❑Yes o If yes, explain: If yes, explain: lf this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> FEB 0 DCM-vl C -v,. if _. ..t 1:... �.... F ? J1 c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ❑Yeslo controlled? If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, f. Will wetlands be crossed in transporting equipment to project site? dragline, backhoe, or hydraulic dredge)? ❑Yeslo 4ck- b -e— If yes, explain steps that will be taken to avoid or minimi 1 environmental impacts. g. Will the placement of the proposed bridge or culvert requirey shoreline stabilization? []yes No If yes, complete form MP -2, Section 3 for Shoreline Stabilization only. Date //(7/19 Project Name / Applicant Na/me A sAcant Signatpre G�JLQ-�o, 9. RECEIVED FEB 0 5 2018 DCM-WARO 210" 77°00' 315 316 2 590 000 FEET 318 35'30' jsJ(nlI -,Fork 41v Point C, -- - - - - ---- - -3930 WOMAC,pR FE 640000 C'hocor in ARo 1'` FEET M Bad CI _ oma\ -- - - -- - - - -- - --- 3929 ellio_r Wf ' V ✓y . L -�"Jt' j i! zs; L ---ti �� -- -- -- --- - - 28 's ,'�i --- 3927 GILEAD SNORES RD -�s �l�f� 7 X26 - A mcccconnell - :'s — 4� tUtRDISON RD r15 — i 27'30" HACKNEY QUADRiA� � 7 q - -NORTH CAROLINA` ' 7.-MI9UTE SE _ s _ SCALE 1:24 400 .,. , 2 3925 1 0.5 KUMETER�\ 1 1000 500 0 METERS y,; 1Q00 2000 1 —0.5 1000 0 1000 2000 3000 4000 5000 000 7000//8000 9000 ''. 10000 CONTOUR INTERVAL 5 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 Beaufort County, NC Disclamer: Beaufort County online map access is provided as a public service, as is, as available and without warranties, expressed or implied. Content published on this website is for informational purposes only and is not intended to constitute a legal record nor should it be substituted for the advice or services of industry professionals. The County of Beaufort and the Website Provider disclaim all responsibility and legal liability for the content published on this website. The user agrees that Beaufort County and its Assigns shall be held harmless from all actions, claims, damages oriudgments arising out of the use of County data. beaufortnc.agdmaps.com A 1 3300 rn Nov/19/2017 Q1712) A1001 ft 1 Scale 1:1525 GPIN : 5683-87-8787 GPINLONG : 5683-87-8787 NAME 1 : HARDEE CARLTON GLENN NAME2 : ADDRI : 1 BAY DR CITY: CHOCOWINITY STATE:NC ADDR2: ZIP: 27817 PROP _DESC :.91 AC MARINA SITE/BAY HILLS CORP LAND_VAL : 137040 BLDG_VAL : 190488 TOT_VAL : 327528 DEFR_VAL:0 PREV_ASSES:326953 ACRES: 0.00 PROP_ADDR : 1 BAY DR TOWNSHIP: 12 MBL : 56830056 PIN—1 :12000196 DATE: 12/1/1988 DB—PG: 0904/00774 STAMPS: SALE _PRICE: 41500.00 REID 1 :28370 0 j .PV 00 �\\C� jam\ \\ -Vj %; .i i I � ,.l '•� ` `'i m �ko 0Ln �•,` � �j'1 moi. � CO C� = � �.\\O �� �' Z.�. Z� r;,� .�; , / _ Cu 11`j U C� s� lii ii �( o�� _,� Irc? /�� 86 /( p� 0 o 6 1p Af- 00 �J OC� x 8� I bs� ^ 666,/, C 06\ , T0� � �� 60� \, 9 \o T P.— C'0 t• �_� 9\` � II 53 t Its• "L+ ,9 .. .... �� ;....... 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' PIN FS W. i 0' -AM �J�v 1530 B s 143 Am � a J �� ti��� 6 >434 147 _ ,t � O� 0 6 1� � ^ e 1444 ,� 1421 o M 1427 c 1422 A 1 2 7 1.6 , 1314 C,` 4 �1 0 1423 4 ^ry Ov fig 7 a 1607 1442 L93 1� 1 Evermb OrwNa 1422 W2 d.,p i4L - - i� 1540 10 3 �J 00d 1444 + y� 1 Dk Ford � .e 1410 1422 {� ♦ o1Q44 – ° 5 1409 �. 4 n ' � 20� 1409 .7 Cil Jnwns � 1T 1544 / j 133212-01 - ° `'� -- - . - y 1) \ \� 1 1, % • ® , 131 133 4 141409�r Al 1331 130 llu P i TAR WASHINGTON tt POP. 9.840 `/ P J _ A 1 ' BLOUNTS BAY t_q_ , r H 1122 —� X11 + \ m !'118 11 �{� \ 3 1123.� 1191 111 ' 1 I D n �C� nnrrD fQ 1113 1 r 111 L 1=% 1.0 67 is 41 tt 1164 ne 6 .>�4 � 11 - 4 1118 17 14 ti3 1156 Fr�daldc AU p ? 111 m Chlood n u � 1134 1126 114E .0 112 1135 A G 1163 .'� 1121 ° MOCK `\ LI (L4 it e.lG 1132 BEAUFORT COUNTY N d 1129 NORTH CAROLINA 1t WDmr, IW REFERENCE: M.B. 24, P. 58 D.B. 904, P. 774 D.B. 1238, P. 592 D.B. 1726, P. 623 BAY HILLS CORPORATION \ \ \ 10G� 1 EXISTING GRAVEL ROAD BED \ \ 3' MAXIMUM 4�Ii111RIP/gyp♦ \j/ INVERT AT TOPJ INVERT AT TOP .Q•\ \ I ` F (� i ��•r •� ��� OF GROUND OF GROUND EXISTING 12" CULVERT $lEW 12'" CUL VERT TO BE ABANDONED \= CROSS SECTION A TO A' \ NO SCAGE 1�1\ A _. y{� {�Frl fq S 31'46'58W 289.71' \ 1-1 0.13 ACR$ — -- N 85'59'33W / \ N 31.46'58"E 231.14' I•� /� .B 728, P. 823 Aki4r L2 17.60' / \ 61.21'nTATg RIOflT OP WAY LOT A —S 85'59'33"E S 31'46'58W 231.14' \ 5 31'46'58 S 31'48'58"W 140 82' N 31'46'58'E / II•.-_ I / .S. y N 37.48'58"E 0.64' ro 1V 119.87' Z 15.05' S 58 55'10"E RELOCATE 12` X 15' CULVERT1 \ ? z 1 N� /� 1� / 22.27' / AS XS NCT CULVERT ELEVATION j TO BE LOT B m e \ `'�/ �f LOT AO S 31'10'05'E 11 11 A54NDONED O : N LOT AO \ / y 0.83 ACRE 3.84' / i i HIGH GROUND EX/sny� 0.16 ACRE c w N 44'04'34`W --� � � 1n S 21'44'28"E / 32.30' aN (NOT BUicane[E) 26 23 p �' JA 4337'20"E A I I 35.00' y N 6T3O'161W35.05' M / N 31'47'00'1 129.36' 22.89' -�� -•-) "• •��n �! / S 31'48 58'W 87.38' AP7C/AtIG r -S 30"E / S 31'47(In �� 37.63'! � W BEARING aN y � y m C 0 l �f LOT© 0.98 ACRE N 33'46'00'1 214 _ N 33' [or r. ` Soo. N N S 09'55'17'W 404 gjj,I, ARRA / uQi •�.N� W-1!O� N �`� 1.93' I B �/ 4. 'A 498 SOUARE FEET l B' QT erg N�1 •�T `P;17`� I ul .yg ! y ,Ep \ �. "NNS % dr° OQJQ� LINE CHART \ �' Z� 4 O / A (�o` OM BAYNpB g089,,P 84710N —n— — — — — — — — �. x — � - I ! Fz LEGEND: O NEW 3/4"4J IRON PIPE • FOUND IRON PIPE 0 POINT 0 PK NAIL 50 0 50 100 150 GRAPHIC SCALE - FEET 404 WETLANDS REMOVE 6 TOPSOIL LINE BEARING DISTANCE L1 S 31'48'58'W L2 S 31'48'58'W 82.06' 4 " GRAVEL SURFACE 3' MAXIMUM I CROSS SECTION B TO B' NO SCALE HIGH \ I R/cyT, OF ECRE3's / CAMA LOT DETAM SLAG£.• 1' = 10' Rece/v ED _hAR 212016 lvpl 4WArg�' ptoj N 3 t9 REVISED 11/27/17: FILL AREA RIVER 7Ey� PROPERTY OF: S. �'" CARLTON GLEN HARDEE 1923 A- CHOCOWINITY TOWNSHIP BEAUFORT COUNTY NORTH CAROLINAO NCCONNELL S.R. 1191 SCALE: 1" = 50' SURVEY DATE: JUNE 13, 2017 70 C�COyrNTTy.R. 1111 S¢ ORES( SURVEYED BY: HOOD RICHARDSON, P.A. - AREA MAP NO TO '1Y ENGINEERS -GEOLOGISTS -PLANNERS 110 WEST 2ND STREET WASHINGTON, N.C. 27889 � PHONE: (252) 975-3472 Rece/v ED _hAR 212016 lvpl 4WArg�' ptoj N 3 t9 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2009-02126 County: Beaufort U.S.G.S. Quad: Auden NC �A NOTIFICATION OF JURISDICTIONAL DETERMINATION yttt��� Property Owner/Agent: Mr. Carlton Hardee RECEIVhD Address: 1 Bay Drive Chocowinity, North Carolina 27817 FEB 0 5 W8 Telephone No.: (252) 714-9714 DCM-WAR® Property description: Size (acres) Proiect lot —1 acre Nearest Town Chocowinitv Nearest Waterway Cals Creek and Chocowinity Bay River Basin Tar -Pamlico River USGS HUC 03020104 Coordinates N 35.48601 W —77.02136 Location description Property is located at 1 Bay Drive within the Bay Hills Subdivision, east of Chocowinity, adjacent to the Pamlico River, on the south side of Beaufort County, North Carolina. 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 X 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 2/10/2011. 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. 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 Washington, NC, at (252) 946-648I to determine their requirements. Page 1 of 2 Action Id. SAW -2011-00252 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the A 0iiiiit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regardinfl4O determination and/or the Corps regulatory program, please contact Ms. Emily Jernigan at (910)251-4567. Jo - C. Basis For Determination This _proiect area exhibits a High Tide bine as indicated by physical markings on structures and is part of the Pamlico River. This site also exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Interim Regional Supplement (Supplement) to the 1987 Wetland Delineation Manual and is adjacent to Cals Creek, Chocowinity Bay, and the Pamlico River. D. Remarks The area of wetlands on the plat is closely estimated, due to the whole parcel not being evaluated at this time. The delineation was proiect specific and if needed, will be completely delineated at a later time. The line is correct and has been verified for the specific project needs. 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 app�.�ji�E�vED determination you must submit a completed RFA form to the following address: KK District Engineer, Wilmington Regulatory Division Attn: Emily Jernigan, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 FEB 0 5 NIB DW -W AR0 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 33 1.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 04/10/2011. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. Corps Regulatory Official: l Date 02/10/2011 /Expiration Date 02/10/2016 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 Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. Page 2 of 2 Copy furnished: Hood Richardson APPROVED JURISDICTIONAL DETERMINATION FORM �a U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 02/10/2011 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:SAW-2011-00252 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Beaufort City: Chocowinity Center coordinates of site (lat/long in degree decimal format): Lat. 35.48601° Long. -77.02I36' JR. Universal Transverse Mercator: Name of nearest waterbody: Cals Creek, Chocowinity Bay and Pamlico River (almost equally) Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Chocowinity Bay and Pamlico River Name of watershed or Hydrologic Unit Code (HUC): 03020104 IMCheck if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 9/24/10, 10/14/10, and 12/30/10 SECTION II: SUMMARY OFF DINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There IM"navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: The property is waterfront to the Pamlico River, a presently used and historically used River for commerce and recreation alike.. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There IM"waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. +[[Rei>f�0 1. Waters of the U.S. R�V `V o1� a. Indicate presence of waters of U.S. in review area (check all that apply): ' `�, TNWs, including territorial seas c�8 Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs • Wetlands directly abutting RPWs that flow directly or indirectly into TNWs O Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: Shoreline Section 10 linear feet: —200 on project area lot. width (ft) and/or acres. Wetlands: Project lot -- 0.23 acres of wetlands, total area reviewed for this JD 0.42 acres of wetlands. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known):High Tide Line was used for the Pamlico River, the Coastal Plain Regional Supplement was used in addition for determining wetland areas. Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). Page 3 of 2 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Pamlico River. Summarize rationale supporting determination: The Pamlico River is presently used, and has historically been used for commerce and recreational boating and watercraft activities. It is a very large river in length and width. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": Wetlands on the property are situated within 75 feet of the Pamlico River, and are directly connected to the river by way of culverted crossing on the adjacent property. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanoshave been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW VD CF: FEB 5 2018 (i) General Area Conditions: 0 Watershed size: Drainage area: `�' A Average annual rainfall: inches 10 RO CMM Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Psi tributaries before entering TNW. ' Supporting documentation is presented in Section III.F. ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. Project waters are river miles from TNW. Project waters are river miles from RPW. Project waters are aerial (straight) miles from TNW. Project waters are aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that aoaly): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Primary tributary substrate composition (check all that'apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: MM Estimate average number of flow events in review area/year: _- -- -- _- -Describe flow -regime:_ - Other information on duration and volume: Surface flow is: Characteristics: Subsurface flow: Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.7 Explain: IRE -GF -1\1F_0 FEg p 5 2018 DCM"W ARO the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): X1 High Tide Line indicated by: IN Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. f ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ❑ ' Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: . Explain: Surface flow is: UM Characteristics: Subsurface flow: Explain findings: ❑ Dye (or other) test performed: ECEIVED (c) Wetland Adjacency Determination with Non-TNW: FEB F-1Directly abutting D 5 2018 ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: DC M a 1,1t// ❑ Ecological connection. Explain: /�RQ ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are ` river miles from TNW. Project waters are aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an All wetland(s) being considered in the cumulative analysis: Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) RECEIVED Summarize overall biological, chemical and physical functions being performed: FEB 0 5 2018 C. SIGNIFICANT NEXUS DETERMINATION ocm.w4RO A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIID: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: Section 10 shoreline on project area lot — 200 linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: 0.42 acres of wetlands reviewed for this project and shown on plat, 0.23 acres of wetlands on the project area lot. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TN Ws where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWs" that flow directly or indirectly into TNWs. IN Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. �j Provide estimates for jurisdictional waters within the review area (check all that apply): RECEIVEp Tributary waters: linear feet width (ft). Other non -wetland waters: acres. FEB Q Identify type(s) of waters: 5 2� j$ Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. DCM W Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. /q►`to . Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters! As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (t-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 N which are or could be used by interstate or foreign travelers for recreational or other purposes. 'See Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanas. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agricu re using best professional judgment (check all that apply): RECEIVED Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. FEB 0 5 2018 Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. c p Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Relffl: YAA re such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Hood Richardson. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. 10 Data sheets prepared by the Corps:field notes and data sheets. Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NED data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Hackney quad zoomed to site. USDA Natural Resources Conservation Service Soil Survey. Citation:Digital Soil Survey Beaufort County NC. National wetlands inventory map(s). Cite name:South Side Beaufort County Digital Mapper. State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: