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HomeMy WebLinkAbout20180600 Ver 1_401 Application_20180518201 80600 Cover Letter for Pre -Construction Notification (PCN) Form Application April 22, 2018 US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5t' Street p LJ 1.5 Washington, North Carolina 27889 D COURTESY MAY 0 1 2018 NC DWR, 401 & Buffer Permitting Unit COPY 1617 Mail Service Center piEQ-VATFR RES UR ES Raleigh, North Carolina 27699-1617 401PERMITTING Please reference the enclosed PCN application package for a project site owned by RITD, LLC, located at 14897 NC Highway 304/33, near Hobucken, in Pamlico County, North Carolina. The property is not directly located on or adjacent to any waterbody or surface waters. The US Army Corps of Engineers, Washington Regulatory Field Office, delineated the wetlands on the site in the project area. The project area consists of an approximate % acre home site with an existing single-family residential structure and septic system. There are additional wetlands on the property but are well outside of the proposed project area. The Corps of Engineers has verified the wetland survey and the supporting documentation is attached for your records. The Corps assigned the project site Action ID SAW 2018-00605. We are in the process of renovating the existing dwelling and cleaning up debris that was left by the former owners of the property. There is a lot of old household trash, metal and woody items, and miscellaneous debris behind the house. We have removed the majority and have hauled it off to the landfill. During this process, we have determined that we needed to raise the elevation of the property and improve the drainage around the septic tank and house foundation. In order to accomplish this task, we are proposing this PCN to fill 1,499 square feet (0.03 acre) of freshwater wetlands. This area has been previously impacted by the previous owners and contained many loads of household trash and miscellaneous debris. We will immediately stabilize the entire project site and provide ground cover as appropriate and in accordance with the Nationwide Permit Program conditions. We have enclosed a check for $ 240.00 made payable to the NC Division of Water Resources for the Minor Water Quality Certification. We have also provided (4) complete copies of the PCN Application along with the supporting documentation provided by the Corps. The Wetland Survey is also attached and depicts the proposed fill area, vicinity map, and project site showing the location of the existing building and septic tank. The topographic and soils maps are also attached for further field reference. Thank -You for your time and prompt attention to this matter and please do not hesitate to contact me at telephone 919-801-6115 if there are any questions or need additional information. Willis Scott 2806 Gresham Lake Road Raleigh, North Carolina 27615 w a rF�9Oc 111.J_W��C, oNiii;�..Nlvaw-� Office Use Only: Corps action ID no. 2018-00605 DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 Minor Fill or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): 2 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: © Yes ❑ No For the record only for Corps Permit: ❑X Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: RITD Block House 2b. County: Pamlico 2c. Nearest municipality / town: Hobucken 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: RITD, LLC 3b. Deed Book and Page No. Deed Book 000624, Page No. 399 3c. Responsible Parry (for LLC if applicable): Willis Scott 3d. Street address: 2806 Gresham Lake Road 3e. City, state, zip: Raleigh, North Carolina 27615 3f. Telephone no.: 919-876-4658 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from 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: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NC PIN No. 7525-347-838000 1b. Site coordinates (in decimal degrees): Latitude: 35.247353 Longitude: -76.577353 1c. Property size: 9.7 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Jones Bay 2b. Water Quality Classification of nearest receiving water: SB 2c. River basin: Neuse 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: Old single-family house located on the front 1/2 acre of the property that is being renovated and old trash and miscellaneous debris from previous owners is being cleaned up and removed from the residential site. 3b. List the total estimated acreage of all existing wetlands on the property: 6.5 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the properly: 0 3d. Explain the purpose of the proposed project: Renovation of existing residence and cleaning up the site and removing miscellaneous debris and trash. 3e. Describe the overall project in detail, including the type of equipment to be used: Renovation of existing home site. Clean up debris. Raise elevation and improve drainage in yard. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream detenninations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? © Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? © Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): USACE R. Bland Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. March 29, 2018 PJD Package 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑x No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 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. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Pine Flat Yes Corps 0.03 W2 - Choose one Choose one Yes/No W3 - Choose one Choose one. Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.03 2h. Comments: Residence area of the property was cleared and impacted many years ago. Series of pine forest and reforestation has taken place on adjacent and rear portions of the property. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. Stream impact Type of impact number Permanent (P) or Temporary (T) 3c. 3d. Stream name Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - S2 - Choose one - S3 - Choose one - S4 - Choose one - S5 - Choose one - - S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts 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. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Pi Choose one P2 Choose one 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) 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. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number— Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Only small area of wetland is being proposed to fill associated with restoration of existing home site. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All work will take place immediately behind and adjacent to the existing residence. Ground cover and grass seeding will be immediately applied after fill is placed and measures will be implemented to keep all fill within authorized fill area. 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 ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 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 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Permittee has adequately implemented avoidance and minimization measures in lieu of mitigation for the minor impacts on this project site. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? 0 Yes Q 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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X 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. Buffer Rules are in place for Pamlico County but this site is not located within the reach of those ❑ Yes ❑X No regulations. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this projeet? 0.12% 2b. Does this project require a Stormwater Management Plan? ❑ Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Existing singe -family home site. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase 11 ❑ NSW 3b. Which of the following locally -implemented stormwater management programs El USMP❑ apply (check all that apply): Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review OCoastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs applyHSession ORW (check all that apply): Law 2006-246 OOther: County 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 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 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X 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 ❑ Yes ❑ No letter.) Comments: 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 ❑X No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X 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. 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. Existing septic tank in place for this lot. Page 9 of 10 PCN Form — Version 1.4 January 2009 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 ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Heritage Data 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? USACE 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 MX 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? USACE and SHPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Web based data. tJ .5 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 VICINITY SKETCH WETLAND SURVEY RiTD LLC / CURRENT OWNER: RITD LLC ITE a PROPERTY ADDRESS: 14897 NC 3041 33 HWY DEED REFERENCE: DEED BOOK LEGEND / wcNw,a 624 PAGE 399 MAP REFERENCE: PLAT CABINET A SLIDE 7-7 EIP - EXISTING IRON PIPE EIR o 99 N TAX PARCEL NUMBER: M031-52 -EXISTING IRON REBAR EMN - EXISTING MAGNETIC NAIL 3 NUMBER FOUR TOWNSHIP PAMUCO COUNTY NC EPK - EXISTING PARKER-KALON NAIL pNOLtiELOPEo) 2, HERBERT J.NOBLES,JR. NMP - NON-MONUMENTED POINT MBL - MINIMUM BUILDING LINE j - ' PROFESSIONAL LAND SURVEYOR - L-2703 186 CAMPEN ROAD D.E. - DRAINAGE EASEMENT & BAYBORO, NORM CAROLINA 28515 U.E. -UTILITY EASEMENT +.E. -EXISTING CRATE ELEVATION 36.89 • .B. I' _ 40. PROJECT NO. 2012-18 DATE: 04-10-2018 NAD - NORTH AMERICAN DATUM NAVD - NORTH AMERICAN VERTICAL DATUM r �/ F5.3'07--N \ 'E 'S POND PLOT NAME: RIIDLLCI am 1 a 1 75'C.A.M.A. A.E.C. - 75' COASTAL AREA MANAGEMENT ACT AREA OF ENVIRONMENTAL N4Y47'4 CONCERN �i 22.4 S I. HERBERT J.NOBLES,JR., CERTIFY THAT THIS NOT SU VEYED PLAT�x,x,%ii( �.� IS OF A SURVEY OF AN EXISTING PARCEL ORPARCELS CA /EXIST!NG I L SEPTIC •4• . / q --o OF LAND OR ONE OR MORE EXISTING EASEMENTS AND ' FESS/' �j RIM LLC N08'S5'281t ,• m / 2721• DOES NOT CREATE A NEW STREET OR CHANGE AN O.Q.O•. -fii DEED BOOK 624 PAGE EXISTING STREET. Q� = 396 8/ h (INDEVELOPED) THIS PROPERTY IS LOCATED WITHIN ZONES AE i SEAL y/ N4sz1'4ow 75.73' •2' oy a (BASE FLOOD ELEVATION 7•) MAP NUMBER = L-2703 .' s / rl.3B 3720648600.1. DATED JULY 2. 2004. �. Il % .8 yO� J. DEED REFERENCE: DEED BOOK 624 PAGE 399 'p O BUTi`L�'' J' MAP REFERENCE: PLAT CABINET A SLIDE k B NQS h ry. 6 - PAMLICO COUNTY ry 7-7 .T MON "UAR Me�,,'p�, ,' y1V/ +EXISTING DWELLING l DEED BOOK 378 PAGE 918 ?~ PID NUMBER AES938 ALL DISTANCES SHOWN ARE HORIZONTAL GROUND " �r MEASUREMENTS. GRAPHIC SCALE J. / b 0 10 20 30 40 BO 569'16'46•E 362.29' FROM N.C.G.S. MONUMENT •AIAR9iA' A'D LC_ 4 D99 24 TO THE SOUTHWEST CORNER OF TRACT DESCRIBED N DEED BOOK 624 PAGE (INDEVELCPED) FROM A RAILROAD SPIKE FOUND AT THE JUNCTION OF THE e• REBAR S91 7' 'E 6 CENTERLINES OF NC My J-104/22 AND SR 1230 (LOWLAND ROAD) N.C.G.MONUMENT •MARINA• NC HWY 69-23• • 80.3,• N B 304/33 ElEc.cc POLE 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2018-00605 County: Pamlico U.S.G.S. Quad: Jones Bay NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: RITD, LLC Address: 2806 Gresham Lake Road Raleigh, North Carolina 27615 Telephone Number: 919-876-4658 Size (acres) 9.7 acres Nearest Waterway Pamlico Sound USGS HUC 03020204 Nearest Town Hobucken River Basin Neuse Coordinates Latitude: 35.247353 N Longitude: -76.577353 W Location description: Property is an approximate 9.7 acre tract located off the north side of NC Highway 304/33, adjacent to Jones Bay and the Pamlico Sound, near Hobucken, in Pamlico County, North Carolina. The project area consists of an approximate 1/2 acre home site with an existing residence. Map ID M031-52. Record 7525. NC PIN 7525-347-838000. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including 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). 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 maybe 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. There are waters of the U.S., including 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 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. Page 1 of 5 SAW -2018-00605 Mitscherlich _ 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 Date. 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. _ 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 Raleigh W. Bland, PWS at (910) 251-4564 or Raleigh.w.bland(i�usace.army.mil. C. Basis For Determination: The delineated wetlands on this site meets the wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual. The wetlands are a part of a broad continium of wetlands connected to Jones Bay and the Pamlico Sound. D. Remarks: Department of the Army authorization may be required to work outside of the identified project area. Department of the Army permits are not required to work within upland areas. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you. decide to submit an RFA form, it must be received at the above address by March 30, 2017. Page 2 of 5 SAW -2018-00605 Mitscherlich **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** pw� Corps Regulatory Official: Date: March 30.2018 Expiration Date: March 30.2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://coEpsmqpu.usace.g=.mil/cm—gpex/f?p=136:4:0. Copy Furnished: CESAW/RG-W/Bland Page 3 of 5 CA -1n10 nnLnG 1%4;f ,orUPI E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Raleigh W. Bland, PWS CESAD-PDO 2407 West 5" Street U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 10M15 910-252-4558 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investiations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Raleigh W. Bland, PWS, 2407 West 5' Street Washington, North Carolina 27889 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Page 5 of 5 4' r is �— Write a description for your map. _ I ti YO ^,r ��, , I „^_zr• �,.., �` }�- 5' Sm GOOSWI_�earth N bing- 1 44 r � T tr tt2 !i R 4 C A f