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HomeMy WebLinkAbout20180573 Ver 1_Stream Determination Request_20180425ROY COOPER - ` a IECEIVEDMOIN,g"A - Governor MICHAEL S. REGAN Secretary Water Resources a APR 2 b 2016 LINDA CULPEPPER Environmental Quality Interim Director Water Quality RODIN* Operations SedOn DWR Use Only: Project #:1 $?– 0 S`li Washington Regional OM40 Date Received: t/I Z.i// Y Buffer Applicability / Stream Origin Determination Request Property Owner Information 1. Owner Information (corporation/individual who is legally responsible for the property and its compliance) 1a. Name(s) on Recorded Deed Bunch Percy E Sb. Responsible Party (for LLC) Ecoplexus, INC lc. Mailing Address 650 Townsend Street Suite 310 San Francisco, CA 94103 Sd. Telephone Number 415-626-1802 1e. Email address pparkinson@eaoplexus.com 2. Address of Property or Location of Project Site (including county, nearest named town, and highway or road name/ number): SE of Murfreesboro HWY158 turn south onto Underwood Rd site is 1 mile on left and right side of road. See attached map. 3. Agent/ Consultant Information 3a. Agent/ Consultant Name Adam Carter 3b. Company Wetland Solutions, LLC 3c. Mailing address P.O. Box 244 Bunnlevel, NC 28323 3d. Telephone no. 9108902779 3e. Email address Adam@wetiandnc.com 4. Project/ Site Information 4a. Name of project UnderwoodPV2 4c. Nearest Named Stream Potecasi Creek 4b. County Hertford 4d. River Basin lChowan 5. Project Description (attach plan if available) Solar Farm to be constructed 6. Has anyone from DWQ visited the site? I Y / N I Staff Name: Date of Visit: 7. Attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or NRCS Soil Survey If you are unable to locate either of these maps, please contact the DWR Washington Regional Office for assistance. DWR Use Only: Is this determination for the purpose of Buffer mitigation? Nutrient offset credit? 8. Please return form to: Anthony Scarbraugh 943 Washington Square Mall Note: Submittals on Friday after 12:00 pm Washington, NC 27889 Will be stamped as received on the Email: Anthony.Scarbraugh@ncdenr.gov Next business day Please contact Anthony Scarbraugh at the Washington Regional Office at (252) 948-3924 if you have any questions. <- -'Nothing Compares . State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Owner Information Owner Name: 111-1Y e1-1 Y E Mailing Address. os US City, State Zip: MvrA-&SL..1-0 Phone#: -- !TIONS LLC Agent Authorization Letter March 14, 2018 auvich P 153 Bvf' zo 116 a�3ss Property Description PIN: 5977-54-6757 & 5977-46-3620 Project: Underwood PV2 Address: 301 Underwood Road, Murfreesboro County: Hertford I, 119de ►^ C y e Q w v- , as owner/agent of the above referenced property, authorize the US Army Corps of Fngineers and NCDWR to enter the subject property for the purpose of a Section 404/401 jurisdictional determination. I also authorize Mr. Adam Carter of Wetland Solutions, LLC to act in my behalf as my agent in processing applications for wetland certification and/or permits. Wetland Solutions, LLC PO Box 244 Bunnlevel, NC 28323 (910)890-2779 Adam@WetlandNC.com www.WetlarldNC.com 3 41 -2DI V1 Date PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: #CURRENT DATE TRADITIONAL# B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Adam Carter, Wetland Solutions, LLC PO Box 244 Bunnlevel, NC 28323 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, #FOLDER_NAME#, #FOLDER_DA_NUMBER# D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 301 Underwood Road, Murfreesboro, NC (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Hertford City: Murfreesboro Center coordinates of site (lat/long in degree decimal format): Lat.: 36.411267° Long.: -77.04664° Universal Transverse Mercator: 18N Name of nearest waterbody: UT to Potecasi Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404 W I 36.416564 -77.047297 9.28 ac Wetland Section 404 W2 36.413594 -77.049177 0.68 ac Wetland Section 404 W3 36.416615 -77.048018 0.22 ac Wetland Section 404 W4 36.411537 -77.050385 0.33 ac Wetland Section 404 W5 36.410872 -77.048249 0.51 ac Wetland Section 404 W6 36.408375 -77.046438 1.84 ac Wetland Section 404 S1 36.416738 -77.04721 1,065 ft Non -wetland Section 10/404 S2 36.414521 -77.04810 1,813 ft Non -wetland Section 10/404 S3 36.411682 -77.05035 775 It Non -wetland Section 10/404 S4 36.410958 -77.048090 1,301 ft Non -wetland Section 10/404 S5 36.407993 -77.047110 1,470 It Non -wetland Section 10/404 1) The Corps of Engineers believes that there may bejurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AID) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation ofjurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there 'may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requester: ❑ Data sheets prepared/submitted by or on behalf of the PJD requester. ❑ Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineationreport. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 24K; Murfreesboro quad ® Natural Resources Conservation Service Soil Survey. Citation: SSURGO ® National wetlands inventory map(s). Cite name: USF W S - 2017_ ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): DigitalGlobe 11/23/16 or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Cores and should not be relied upon for later jurisdictional determinations. < 3_20_2018 Signature and date of Regulatory Sg ture and date of person staff member completing PJD requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Wetland Flags • Al -A96 ® Bl -B64 o D1 -D35 o E1 -E2 o J1 -J43 o P P22 o Tl -T46 o V1 -V54 ® X1 -X34 ® Z1 -Z18 0 250 500 750 1,000 Feet P.O. Box 244 Bunnlevel, NC 28323 Project Name: Underwood PV2 Location: 301 Underwood Road, Murfreesboro Hertford County, NC Property IDs: 5977-54-6757 and 5977-46-3620 Stream Type Perennial — 2,878 It _,.._.,.. RPW — 3,546 It Underwood—Wetlands — 12.86 acres Underwood—Parcels Interconnection VIA Underwood Proposed Layout Q@dE=ye' Earthstar Geographics, CNES/Airbus DS, ,�?a�d the GIS User Community Figure: 2 N 1 inch = 650 feet "x 15 Mar 2018 9 0 500 1,000 1,500 2,000 Feet IaAl-lu y P.O. Box 244 Bunnlevel, NC 28323 Underwood Parcels -^o-- NC OneMap Stream Data Soil Map Units BB -Bibb soils BoB-Bonneau loamy sand, 0 to 6 percent slopes BoG-Bonneau loamy sand, 6 to 12 percent slopes GoA-Goldsboro fine sandy loam, 0 to 2 percent slopes NoA-Norfolk loamy fine sand, 0 to 2 percent slopes NoB-Norfolk loamy fine sand, 2 to 6 percent slopes WT -Water Project Name: Underwood PV2 Location: 301 Underwood Road, Murfreesboro Hertford County, NC Property IDs: 5977-54-6757 and 5977-46-3620 NRCS Web Soil Survey - Hertford County IGN, cls Figure: 4 1 inch = 750 feet 15 Mar 2018 0 500 I I P.O. Box 244 Bunnlevel, NC 28323 1,000 1,500 2,000 Feet Project Name: Underwood PV2 Location: 301 Underwood Road, Murfreesboro Hertford County, NC Property IDs: 5977-54-6757 and 5977-46-3620 USFWS National Wetland Inventory - 2017 10 Underwood_ Parcels Wetland Type and Cowardin Class Freshwater Emergent Wetland - Freshwater Forested/Shrub Wetland Freshwater Pond Riverine Figure: 5 N 1 inch = 750 feet "6 15 Mar 2018 9