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HomeMy WebLinkAbout20181334 Ver 1_401 Application_20181004ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone: 252-441-0239 Fax: 252-441-0721 Email: obxwood@yahoo.com TO: North Carolina Division of Water Resources 401 Wetlands Unit Attn: Ms. Karen Higgins 1650 Mail Service Center Raleigh, NC 27699-1650 [B' ATTACHED LETTER OF TRANSMITTAL rOUR7ESY COPY 201 g 1334 DATE: October 1, 2018 JOB NO.: 018 -033 -PT RE: Nags Head, LLC Lot 8 — Shellbank Landing COPIES DATE DESCRIPTION OF DOCUMENTS 4 9-28-18 Signed/Dated Pre -Construction Notification Form 4 4-26-18 Signed/Dated Authorization to Act As Representative Form 4 11-17-17 U.S. Fish & Wildlife Service— National Wetlands Inventory 4 1-22-18 Notification of Jurisdictional Determination 4 9-12-08 North Carolina General Warranty Deed 4 4-18-18 Drivewav Culvert Plan THESE ARE SUBMITTED AS CHECKED BELOW: V/ For your approval ❑ ❑ For your use E As requested REMARKS: COPY TO: Ms. Corrine Louw Project File Review & Comment Signature/Notarization SIGNED: _ Ge ge H. WooK, P, PWS Environmental Professionals, Inc. �oF w a r�qo� 1 1 > © Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): 0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h 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: Lot 8 - Shellbank Landing 2b. County: Dare 2c. Nearest municipality / town: Nags Head 2d. Subdivision name: Shellbank Landing 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Nags Head, LLC 3b. Deed Book and Page No. 1779/0012 3c. Responsible Party (for LLC if applicable): Ms. Corinne Louw 3d. Street address: 1010 Lake Street - Suite 200 3e. City, state, zip: Oak Park, IL 60301 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Corinne@myfinalfinish.com 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: George H. Wood. CEP, PWS 5b. Business name (if applicable): Environmental Professionals, Inc. 5c. Street address: 1404 S. Virginia Dare Trail 5d. City, state, zip: Kill Devil Hills, NC 27948 5e. Telephone no.: Office: 252-441-0239 Cell: 252-423-1234 5f. Fax no.: 5g. Email address: obxwood@yahoo.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 071806474943 1 b. Site coordinates (in decimal degrees): Latitude: 35.86708 Longitude: -75.57544 1c. Property size: 2.52 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Atlantic Ocean 2b. Water Quality Classification of nearest receiving water: Sc 2c. River basin: Pasquotank 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: Unimproved - residential in area 3b. List the total estimated acreage of all existing wetlands on the property: 1.8 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: driveway for access to highground 3e. Describe the overall project in detail, including the type of equipment to be used: A culvert will be installed and fill placed by dump truck - smoothed by dozer 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? X❑ Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? E] Preliminary Final Q 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Environmental Professionals, Inc Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. January 22, 2018 - SAW -2017-02578 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 0 No 6b. If yes, explain. N/A 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): ❑X 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 Hardwood Flat Yes Corps .09 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: .09 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. 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 0 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 indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) —Temporary 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0 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. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes E] 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 T 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: 0 0 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. Shortest distance from road to highground chosen for access. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2:1 slopes shortest crossing chosen 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. 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 E] Yes QX No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ YesX❑ 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 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 10% 2b. Does this project require a Stormwater Management Plan? ❑ Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Below threshold 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 II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed Z Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ZCoastal 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 5a. Does the Stormwater Management Plan meet the appropriate requirements?X❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X 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 El 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)? 1c. 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 letter.) ❑ Yes ❑ No 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 Q 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 El Yes ❑X 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. On-site wastewater 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? Internet 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No open water impacts 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 ❑X 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? Internet S. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? X❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Minimal fill will not decrease flood plain capacity 8c. What source(s) did you use to make the floodplain determination? Survey George H. Wood/Agent Environmental Professionals, Inc. 9-28-18 Applicant/Agent's Printed Name Ap lican gent's ignature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner _YqI-f.41 k hokr (Client) docs hereby appoint Environmental Professionals Inc. as their agent for the purpose ofpetitioning the appropriate Local. State, and Federal environmental regulatory agencies (U.S. Army Corps of Engineers, North Carolina Division of Water Resources, North Carolina Division of Coastal Management, local municipalities, etc.) for: (a) review and approval of the jurisdictional boundaries of on-site jurisdictional areas (wetlands, surface waters, riparian butlers. etc.) and/or (b) preparation and submittal of appropriate environmental permit applications/requests for The Client docs hereby authorize that said agent has the authority to do the Ib)lowing acts on behalf of the owner: (1) 'ro submit appropriate regtwsts/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client; and (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agctx:iLs. This authorization shall continue in effect until completion of Ute contracted (tisk or termination by the Client. Agent Information Name: Environmental Professionals, Inc Mailing Address: P.O. Box 3368, Kill Devil Hills NC 27948 Telephone No.: Office: 252441-0239 Cell: 252-423-1234 Entail Address: obxwood(a vahoo.com Client Information Name: J Lf1.1Ko'1 1C (Name - Print (Title) Signature: - I - Date: �f ll JL'Ji-11i t — —�1 U nU( lit t.% Mailing Address: Telephone No.:Z- Email Address: O South Old Oregon Inlet Road, Nags Hea November 17, 2 17 This map is for general reference only. The US Fish and wildlife Service is not responsible for the accuracy or currentness of the Wetlands base data shown on this map. All wetlands related data should Freshwater Emergent Wetland Lake be used in accordance with the layer metadata found on the Ea Estuarine and Marine Deepwater Wetlands Mapper web site. Freshwater Forested/Shrub Wetland Other 0 Estuarine and Marine Wetland Freshwater Pond0 Riverine National Wetlands Inventory (NVvI) This page was produced by the NWI mapper U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-02578 County: Dare County U.S.G.S. Quad: Oregon Inlet NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: Ms. Mary Jo Schuler Nags Head, LLC & OBX Trading, LLC Address: 830 N. Blvd - Floor 2 Oak Park. IL 60301 Telephone Number: 312-890-3629 Size (acres) 3.51 (Lot 8: 2.52, Lot 9: 0.99) Nearest Town Nags Head, NC Nearest Waterway Atlantic Ocean River Basin Albemarle -Chowan USGS HUC 03010205 Coordinates Latitude: 35.86708 Longitude: -75.57544 Location description: Theyrooerty includes Lot 8 and Lot 9 of Shellbank Landing and is located on the west side of South Old Oregon Inlet Rd, approximately 1.6 miles north of the intersection of NC 12 in the town of Nags Head, Dare County, North Carolina. The two lots total 3.51 acres and contain 2.42 acres of iurisdictional wetlands. 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 .1D, 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 § l 344) 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 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 2 SAW -2017-02578 _ 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. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on January 22, 2018. 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 Elizabeth City, NC, at (252) 264-3901 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 Billy Standridge at (910) 251-4595 or Billy. W.Standridge(&usace.army.mil. C. Basis For Determination: The wetlands within the property were delineated using the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0. The wetlands are part of a large continuum of wetlands that flow to, and abut, the Roanoke Sound, a Traditional Navigable Water. D. Remarks: The wetland boundary is accurately depicted on the attached plat entitled "Lots 8 and 9 — Shellbank Landing — Nags Head" dated Dec 1, 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. 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 23, 2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** STAN DRIDGE.BILLY. s 'N`=' --u weveE.12,06B)95 Corps Regulatory Official: °"`"��°s`°"°°" °"-VNE.12 " �. DN._[zStF"DPoWE9uv.wArnE�N06B)956 Date: January 22, 2018 Expiration Date: January 22, 2023 TAX NO: 3368• t o (�A LAND TRANSFER TAX: $7,240 Excise Tax: $1450.00 NORTH CAROLINA, COUNTY 0 DARE PARCEL # 007325008 PARCEL # 007325009 Brief Description for Index: 8 & 9, Shellbank Landing NORTH CAROLINA GEN AI, WARRANTY DEED THIS DEED made this the 12th day of @ e r 2008, by and between Robert F. Harrell and wife, Deloris U. Harrell, Grantor, of Box 758, Nags Head, NC 27959, and Nags Head, LLC, an Alaska limited liability company, an undivided one-half interest, and OBX Trading, LLC, an Illinois limited liability company, an undivided one-half interest, Grantee, of 315 N. Euclid Avenue, Oak Park, IL 60302; 61 The designation Grantor and Grantee as used herein sha'il include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculi ei'eminine or neuter as required by context. `r`,, V1• WITNESSETH: 0• That the Grantor, for a valuable consideration paid by the Grant c receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the "Town Nags Head, Nags Head Township, Dare County, :North Carolina and more particularly described 'allows: See Exhibit A attached hereto and made a part hereof Y fhe Property hereinabove described was acquired by Grantor by instrument reoded in Book 1385 at Page 300. (11 THIS IS THE RELINQUISHED PROPERTY OF A 1031 TAX FREE EXCHANGE FOR GRANTOR. Book 1779 Page 012-0001 6: 1779 P: 12 Doc Id: 6246892 09/12/2008 04.17 PM Receipt R. 08-4315 Doc Code DEED NCExcise Tax Pd $1450 00 Barbara M. Gray, Register of Deeds Dare CO. NC �O 6246892 8: 1779 P: 12 Page 1 of 3 9/12/084:17 PM vl' \\ 0111 W1I'M MICRUM lkkVLIW M40i 11111 REC. REAL ESTATE i,911NTYTRANSFER TAX C--- L TO $-�/�a 3 -08 PREPARED: Linda H. M McCown & Mc n, P.A. 300 Sir Walter Ra h Street Manteo, NC 2795 h RETURN TO: Charles Evans(p tKo Kellogg and Evans, P.A. PO Box 189 Manteo, NC 27954 TAX NO: 3368• t o (�A LAND TRANSFER TAX: $7,240 Excise Tax: $1450.00 NORTH CAROLINA, COUNTY 0 DARE PARCEL # 007325008 PARCEL # 007325009 Brief Description for Index: 8 & 9, Shellbank Landing NORTH CAROLINA GEN AI, WARRANTY DEED THIS DEED made this the 12th day of @ e r 2008, by and between Robert F. Harrell and wife, Deloris U. Harrell, Grantor, of Box 758, Nags Head, NC 27959, and Nags Head, LLC, an Alaska limited liability company, an undivided one-half interest, and OBX Trading, LLC, an Illinois limited liability company, an undivided one-half interest, Grantee, of 315 N. Euclid Avenue, Oak Park, IL 60302; 61 The designation Grantor and Grantee as used herein sha'il include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculi ei'eminine or neuter as required by context. `r`,, V1• WITNESSETH: 0• That the Grantor, for a valuable consideration paid by the Grant c receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the "Town Nags Head, Nags Head Township, Dare County, :North Carolina and more particularly described 'allows: See Exhibit A attached hereto and made a part hereof Y fhe Property hereinabove described was acquired by Grantor by instrument reoded in Book 1385 at Page 300. (11 THIS IS THE RELINQUISHED PROPERTY OF A 1031 TAX FREE EXCHANGE FOR GRANTOR. Book 1779 Page 012-0001 BEFORE rou oID 1 �. �'vd:..'LY'.••� CALL TOLL FREE 1-800-632-{ 9 NORTH CAROLINA ' ONE CALL NOTE. to J C-�2�2' 1 x E x;g4�� xX n � x, ' _ 1 \�5y� S% x x 313 L_ 7`^t� �. P 80' \ I ` 30'0 FLARED END SECTION FOR N-12 HDPE PIPE (2 REO'D) CLASS 'A' EROSION CONTROL STONE \RI RAI APRON 32 LFT. OF 30-6, N-12 SOIL TIGHT (ST) MAL �ALL HDPE PIPE O D.01L SLOPE, PIPE NVERT O (-)0.50 FT. tl 2 x, vv x s x , I iX 2 OB' ! " x O 237I SOFTF WETLAND ice\ \v RLL REQUIREDR ACCESS V Z_ _ C\ DRIVE CD t52 SO.". OF WETI\tN0 Flu \ � J[J1/ 1 O _ ! REWIRED FOR ACCE DRIVE 9 sFCTNw Ar NOTES: ..�y..... YPICrI RESIDE +IPL OHNE P uFlAri �w`4•'n vPICAI. RESN]ENTN ETV uona�tl c IHAA�+E�R E?GE DEFA4 ID' MOIES \ 4 \ TVPMrLRFSIDPNRALDRN Al - .. CUL- PIPE DETAR I1C0 iii C5