HomeMy WebLinkAbout20180490 Ver 1_401 Application_20180418A!�LMG
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LAND MANAGEMENT GROUP♦
INC.IVC. COURTESY
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Environmental Consultants COPY
April 3, 2018
TO: Mr. Brennan Dooley
US Army Corps of Engineers
69 Darlington Avenue
Wilmington NC 28403
RE: Town Creek Elementary & Middle Schools; Brunswick County, NC
Action ID# SAW -2017-01687
NWP 39 Application
Dear Brennan:
20180490
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Enclosed is a NWP 39 Application for your review. It is submitted on behalf of Brunswick County
Schools for the expansion of the existing Town Creek Elementary School and the construction of the
new Town Creek Middle School, located off of Lake Park Drive SE in Winnabow, NC (Brunswick
County). The purpose of the project is to alleviate school overcrowding and serve the growing
population of the northern part of Brunswick County. Impacts to 0.05 acre of wetlands are needed
to construct a required fire lane.
Enclosed are the Pre -Construction Notification form, site maps, and site plan. Note that the site
consists of two tracts. A jurisdictional determination has been issued for the northern site. LMG
delineated the southern site and submitted a JD request package, but a site visit with the USACE has
not yet been scheduled. Please let me know when you would like to meet on site or if you have any
questions regarding this project. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
cc: Mr. Craig Eckert, Brunswick County Schools
Ms. Holly Cook, McGill Associates
Mr. C.had.Coburn, NC DWR
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • fax: 910.452.0060
3805 Wrightsville Avenue, Suite 15 9 Wilmington, NC 28403
O��OywjAT��R�G
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
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: 39 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
N 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:
N Yes ❑ No
For the record only
❑ Yes
for Corps Permit:
N 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
N No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below.
N Yes
❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
N No
2.
Project Information
2a.
Name of project:
Town Creek Elementary and Middle Schools
2b.
County:
Brunswick County
2c.
Nearest municipality / town:
Winnabow RECAP11
fm
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
fj
r'T U5 01i
3.
Owner Information 9 'j}jvkEQUALITY
3a.
Name(s) on Recorded Deed:
Brunswick County Schools
I Ilya
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Mr. Craig Eckert; Director of Capital Projects & Planning
3d.
Street address:
35 Referendum Drive
3e.
City, state, zip:
Bolivia, NC 28422
3f.
Telephone no.:
910-253-1078
3g.
Fax no.:
3h.
Email address:
ceckert@bcswan.net
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner) Applicant is Owner
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
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 11
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
0840006202;0840006803
1 b.
Site coordinates (in decimal degrees):
Latitude: 34.139739 N, Longitude: -78.085447 W
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
60.67 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
UT to Bell Swamp
proposed project:
2b.
Water Quality Classification of nearest receiving water:
C; SW
2c.
River basin:
Cape Fear
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The northern tract is currently undeveloped and forested. The southern tract currently contains the Town Creek
Elementary School. Adjacent land use is mostly undeveloped and forested, with the Town Creek Park located northwest
of the site.
3b.
List the total estimated acreage of all existing wetlands on the property:
— 7 acres
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a new middle school (6t'' through 8th grade) and to expand the existing
Town Creek Elementary School to serve the growing population of the northern part of Brunswick County. The addition to
the elementary school is for classroom space and is needed to alleviate current overcrowding at the school. The
construction of Town Creek Middle School is required to ease the overcrowding at Leland Middle School, the only middle
school in the northern end of the county. Leland Middle School attendance is projected to top 1,000 in 2018-2019,
exceeding the schools capacity of 940 and the district's desired ceiling of 750. Currently, the next closest middle school to
Leland is South Brunswick Middle which is located in Boiling Spring Lakes. The proposed middle school site is
conveniently located off of Lake Park Drive SE next to an existing school and park and on a site owned by the Board of
Education. Wetland impacts are needed to construct a fire lane.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The middle school project includes the construction of a 2 -story building (64,449 sf) and the elementary school expansion
includes the addition of a classroom building (6,750 sf). Two parking lots will be located north and northeast of the
middle school building and a bus parking lot/drop off area will be situated between the two schools. An access road will
be provided off of Lake Park Drive SE, which will direct cars and buses to the appropriate drop-off areas. Roads have
been designed to provide the required queueing length for parents that are dropping off/picking up children. One athletic
field (160' x 360') and one activity field (150' x 150') are also proposed. Fields have been designed to be large enough to
accommodate the large number of children expected to enroll and are situated to be in close proximity to the classrooms
of those target students. These fields need to be positioned within the campus to ensure the students are being
monitored and are safe. A 26' -wide fire lane will be located around the east side of the school and will provide emergency
access to the eastern and southern parts of the middle school building and an activity field. This fire lane must be large
enough to accommodate emergency vehicles. Its slope will vary but does not exceed 1.5%. Wetland impacts are needed
for a small section of the fire lane and back-up/turn-around area. A fence will be constructed around the campus and
stormwater ponds will also be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction
equipment will be used.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ® No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Corey Novak
Land Management Group, Inc.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Brad Shaver of the USACE issued a JD for the northern tract on 9/28/17 (Action ID# SAW -2017-01687). LMG has
submitted a JD request for the southern site to Brennan Dooley and is awaiting a determination.
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
Elementary school expansion will occur with Phase 1 and middle school construction will occur in Phase 2.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Fill for fire lane
Non -riparian
® Yes
❑ No
® Corps
® DWQ
0.05
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.05
2h. Comments:
3. Stream Impacts N/A
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ INT
❑ Corps
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
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 impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction N/A
If pond or lake construction proposed, the complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
number
of pond
Pi
Stormwater
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse F1 Tar -Pamlico ❑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?
El Yes
131 ❑P❑T
❑ No
❑Yes
B2 ❑P❑T
❑ No
F1 Yes
B3 ❑P❑T
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Wetland impacts were minimized as much as possible during the site design. The northern portion of the project area contains
more wetlands than southern area. Therefore, the middle school layout was positioned closer to the elementary school to
avoid these wetlands. A fire lane is required to provide emergency access around the middle school and to fields on site. The
location of the fire lane is dictated by regulatory requirements. It must be located a minimum of 1.5 times the building height
away from the building in order to ensure that the fire lane is outside of the building collapse zone. Since the middle school
building in this area will be 35 feet, the fire lane must be a minimum of 52.5 feet away from the building. Additionally, this road
would be used by emergency vehicles and it must have a back-up area for vehicles to turn around. Only 0.05 acre of wetlands
will be disturbed from this large project.
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
El 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 N/A
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:
4f. Non -riparian wetland mitigation requested:
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 7of11
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 8 of 11
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan NIA
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
19.3%
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:
A High Density Stormwater Permit, SW8 071210, was issued by NCDENR DWQ for the Town Creek Elementary School
project in 2007 and modified on June 16, 2010. Vacating the shared property line between the schools and combining the
parcels would allow this project to apply to NCDEQ for a Permit Modification for a Low Density
Stormwater Permit with
Pockets of High Density.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Brunswick County
❑ Phase II
❑ NSW
3b.
Which of the following locally-implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other.-
ther:3c.
3c.Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
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 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
® Yes
❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
El Yes
El 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 properties. No future impacts are anticipated.
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 tie into the local municipality.
Page 10 of 11
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 or within a one -mile radius of the site. Forested areas within the site support a mix of loblolly
pines and hardwood species in the canopy and a dense shrub layer of bay species, and would not provide suitable habitat for
the RCW or federally -protected plant species known to occur in the area. No impacts to federally -listed species are
anticipated to occur from this project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. No EFH is known to occur within or near the site.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. A cemetery has
been identified in the northern part of the site (see attached wetlands map). No impacts to this cemetery will occur from
the project.
S. 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.
Kim Williams
X
3/28/2018
A plicant/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 11 of 11
LMG
.LAND MANAGWFNf GROUP rc,
%I5Y((C(I(7C(1 (.ff( iC;15Y�(Fn (f.
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. (LMG) to act as our
agent in the determination of jurisdictional wetland boundaries on the subject
property, Town Creek Middle School Tract
By way of this form,
I/we additionally authorize access to the site by representatives of the US Army Corps of
Engineers (COE) and the NC Division of Coastal Management (NC DCM) for the purpose of
reviewing the flagged wetland boundary and providing a final jurisdictional determination.
Any questions regarding the jurisdictional determination should be directed to LMG.
Please provide the following information:
Property Address and Parcel ID Number: Off Governors Rd SE, 0840006202; portion of 08400062
Current Property Owner Name:
See attached
Owner Address and Phone Number: See attached
`� -8 LI OC>t7 E 2 c Z ��O.DP
Please answer the following questions (circle Yes or No):
1. Are you the current owner of the property? Yes or No
2. If you are not the current owner, do you have a op ion to purchase or a contract to
purchase that allows for environmental due -diligence including the determination of
wetlands? Yes oriqo�
3. If you answered no to the questions above, do you have an existing easement?
Yes or No
Name of Individual/Entity:
Signature of Authorized Representative:
Date: Z I
wi«;.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington. NC: 28403
jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on-site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
Propgrty Owner (please print)
L( '�L4 BC_Rr_'E
Property owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
Date
I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does include a delineation.
QI am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does NOT include a delineation.
FI am requesting that the Corps investigate the property/project area for the presence or
absence of WoUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation.
F11 am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an approved JD (this may or may not include a survey plat).
I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an approved JD (may or may not
include a survey plat).
4 For NCDOT requests following the current NCOOT/USACE protocols, skip to Part E.
S Waters of the United States
Version: December 2013 Page 4
Esri.YHERE, Garmin O OenStreetMap contributors. (c) OpenStreq'tMap
and contributors, Creative Cammons-Share Alik 'License (C -BY-SA
('Boundaries are approximate and are not meant to be absolute.
Map Source: ArcGIS World Street Map SCALE 1" = 1 mile
Town Creek LMG
Elementary and Middle Schools Figure 1
Brunswick County, NC www.imgroul).net
Vicinity Map
3805 Wrightsville Avenue
March 2018 Wilmington, NC 28403
LMG # 40-17-140P Phone: 910.452.0001 Fax: 910.452.0060
'Boundaries are approximate and are not meant to be absolute.
Map Source: USGS Winnabow Quadrangle 7.5 minute SCALE 1 — 800
Town Creek LMG
Elementary and Middle Schools ";;"�";;;�;;`;
Brunswick County, NC Figure 2
www.lmgroui).net USGS Topographic Map
3805 Wrightsville Avenue
March 2018 Wilmington, NC 28403
LMG # 40-17 140P Phone: 910.452.0001 Fax: 910.452.0060
%(—CGA Esri. HERE Gar~7in. `- ;erStreetti'ap :ontritutcrs
Legend
GoA: Goldsboro fine sandy loam
Ly: Lynchburg fine sandy loam j
Wo: Woodington fine sandy loam
'Boundaries are approximate and are not meant to be absolute.
Map Source: NRCS Soil Survey SCALE 1" — 600'
Town Creek LMG
Elementary and Middle Schools Figure 3
Brunswick County, NC www.lmgroul).net
Soils Map
3805 Wrightsville Avenue
March 2018 Wilmington, NC 28403
LMG # 40-17-140P Phone: 910.452.0001 Fax: 910.452.0060
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THIS PROJECTS -K— W IT. 61111S.ICI COUNT I DE E 0 E $I A I D RDS
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-OP LE -PEUIRE APPBDVAL OF THE :OCAL ADMINISTRATOR ANY MAJOR. DEV AT ON TO THIS PLAN
.EDU AGENCIES AND BODIES
—PESE E TS. COVENANTS RESTR C7 015 R GHT OF WAYS OF RECORD GOVERNMENTAL
- _ 141 LIMIT THE USE OFTHS PROPEPTY
EG71TL1 TC THEL ID SE -1 OP TO'HE SOU'D ESS OWI
T- EO U DE-GROUNC UTILITIES P CR O NY CONSTRUCTON E OI CTOR
" - D SIZE OF OR THE NOIJ EY STE CE O A UN DERGROU vC UTILITIES O .I ONTA.
- _yCWN ON THESE PLANS WHERE CONFL GTS OCCUR THE CONTRACTOR SHALL CONTACT
OIJ
IC D _ CO..D. E C SE UT L T ES REGARDING "HE RELOCATION OF EPST NG
AINC
t - - ES PENCE SIGNS ETC DAMAGED DURING CONSTRUCTION ON OR DEMOL' ON. IS TO BE
PEA...E __ - -E CONTRACTORS EXPENSE
I, A.LE%CAVA TED M A'EAA, SHALL BE DISPOSED OF NA LAWFUL MANNER
PROJECT COORDINATION
I BOUNDARY LINES AND TOPOGRAPHIC DATA SHOW 01 E SURVEY RE BASED ON THE SURVEY BY BOBS' LONG SURVEYING DATED
DECEMBEP 2017 ANC UPDATED ANUAPy 20J8
THS DR—NG REFLECTS THE CO OTOS ATT E TIMEO BURVE D OT E .ESEIT CURRENT CONpTOIJS
3 ACJOIJNG DEED REFERENCES .E BASED ON. 1111ENT NFOPMA O F-11 71_ 1PJ1111, 101171 TAI OFFICE
a AREA BY COOPD TE E'HOD
5 A SOIL BOR NG REPORT WAS PE O ME FOP H -S S -E FOP THE PURPOSES OF O E DES G . BY ECE SOUTHEST LLP DATEC
DECEMBEP'0
A A CEOTEC- T- G IEEFING REPORT WAS PERFORMED FOP -HIS SITE FOP THE PURPOSES OF S7CPMW4'ER DESGI: BT ECS
SOUTHEST_ EE_EMBE 201. F UI—TABLE MATERAL IS ElCOUJ-EFEO NOTFY' ENGINEER
5 THS 5 E n- _ JC MANAGEMENT GROUPINC FOP THE EXISTENCE OF 404 WETLANCE A UP SDCT ONAL
B' TAP EE - S WOP1
B WETLANDS SHALL NOT BE FILLED ALTERED OR DISTURBED IN ANY WAN UNLESS PROPERLY PERMITTED BY 'HE JC DEPAPTME JT OF
EI
VIRONMEN- AND NATURAL RESOURCES ANDIOP THE U S ARMY CORPS OF ENGINEER 6 CONTRACTOR SHALL TAKE EX.TPA
PRECAUTIONS WHEN WORKING IN REAS OF EXISTING WETLANDS AND JURISDICTIONAL TRIBUTARIES COIJTRACTOR IS RESPONSIBLE
FOR ALL RESTORATIONS AND PERMITTING NOT OTHERWISE INCLUDED II: THE PPOJEC' TE-11OAL SPECIFICATIONS ANC MUST FOLLOW
ALL LOCAL STATE ANDFEDERALREG—TIONS
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JOB NO.: 17,07111
DATE: MAR 23, 2018 TOWN CREEK MIDDLE SCHOOL
STORMWATER DESIGNED BY: HMC
cn AND
•
m & GRADING PLAN CADD BY: TAP ELEMENTARY SCHOOL
m DESIGN REVIEW:
m MIDDLE SCHOOL CONST. REVIEW: CLASSROOM ADDITION 0mcG
FILE NAME: ASSOCIATES
INSET 403A 1107 for LM.dwg ENGINEERING- PLANNING- FINANCE
BRUNSWICK COUNTY, NORTH CAROLINA 712 VaIAGE ROAD SW, SUM 103 SHAUMU,NC28470 PH.(910)755.5872 FIRM UCENSHOC-0459
(Electronically Transmitted)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01687 County: Brunswick County U.S.G.S. Quad: Winnabow
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Brunswick County Board of Education Agent: Land Management Group Inc.
attn: Mr. Craig Eckert attn: Mr. Wes Frvar
Address: 35 Referendum Drive 3805 Wrightsville Ave Suite 15
Bolivia, NC 28422 Wilmington, NC 28403
Size (acres) 44.3 Nearest Town Winnabow
Nearest Waterway Town Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.1444418053367
Longitude: -78.0867250279618
Location description: The site is located east of Town Creek Park and north of Town Creek Middle School in
Winnabow, Brunswick County.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ 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.
X 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.
Pagel of 2
SAW -2017-01687
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.
X 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.
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 Morehead City, NC, at (252) 808-2808 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 Brad Shaver at
(910)251-4611 or Brad.E.Shaverna usace.armv.mil.
C. Basis For Determination: The site possessed wetlands as described in the 1987 Corps Delineation Manual and
the appropriate regional supplement The site also contains drainage features thatpossess an ordinary high water
mark Both features have drainage toward Rice Creek and Town Creek, both ultimately navigable waters of the US. See
attached Rapanos forms.
D. Remarks: The site contains jurisdictional wetlands and has one isolated wetland (J). The site was field reviewed
with Wes Fryar on 8/15/2017.
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.
Page 2 of 2
Project Area - 44.3 ac
Areas considered
to be uplands - 38.4 ac or 87%
Isolated wetlands - 0.04 ac or <11%
EJ
Flagged wetlands -- 5.9 ac or 137o
— Non -Wetland Waters of the US (relatively permanent waters) - 1,200 -linear feet
NOTE: This is not a survey. All boundaries and distances are considered approximate.
This represents a preliminary sketch prepared from field notes. A survey of delineated
areas is recommended prior to specific site planning. This site was reviewed
by Brad Shaver of the US Army Corps of Engineers on 8/15/17.
L:\WETLANDS\2017 WETLANDS FILES\40-17-140 --- Town Creek
Middle School, Craig Eckert\MAPS\USACE wetlandmap
"Boundaries are apppproximate and are not meant to be absolute.
Mao Source: 2016 KlC One Map Imaaery
6-m� =11111011111111
SCALE 1" = 300'
(when printed at 11"x17")
Town Creek Middle School LMGr
LAND MANAO@MEN1 6ROUv ... Figure 8
Brunswick County, NC 4
Post-USACE Meeting
www.lmgroup.net Upland/Wetland Sketch
August 2017 3805 Wrightsville Avenue
LMG # 40-17-140 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
tom'' NOTE: This is not a survey. All boundaries and distances are considered approximate.
This represents a preliminarysketch prepared from field notes. A survey of delineated
areas and review and approval by the US Army Corps of Engineers is recommended prior
fn coecific site planning.
,
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Legend
Tax parcel -21.3 ac
Areas considered to be uplands -20.9 ac (98%)
Flagged wetlands (pending review & approval by
4` the U.S. Army Corps of Engineers) -0.4 ac (2%)
■ Potential Waters of the U.S. -30 I.f.
Map Source: 2016 NC OneMap Aerial Photography
SCALE 1" = 200'
Town Creek Elementary LMG Figure 7
Brunswick County, NC _ ,,
Preliminary
www.lmgroup.net Upland/Wetland
March 2018 3805 Wrightsville Avenue
LMG # 40-17-140A Wilmington, NC 28403 Delineation Sketch
Phone: 910.452.0001 Fax: 910.452.0060