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HomeMy WebLinkAbout20060102 Ver 1_COMPLETE FILE_20060117It 0 WAT ?R Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 14, 2006 Mr. Ferdinando Ferrara 63 Clifton Street Farmingdale, NY 11735 Mr. Edward Choe 1253 No. Ashbrook Drive West Chester, PA 19380 Subject Property: F. Ferrara and E. Choe Site Neuse River [030410,27-(104), SB, SW NSW] Alan W. Klimck, P.E. Director Division of Water Quality DWQ Project # 06-0102 Pamlico County REVISED Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Ferrara and Mr. Choe: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.079 acres of wetland (0.068 permanent impacts, 0.011 temporary impacts) for the purpose of accessing high ground for development of duplex condominium at the subject property, as described within your application dated July 29, 2005, and received by the N.C. Division of Water Quality (DWQ) on August 2, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps of Engineers (USACE). This Certification replaces the Certification issued to you on March 9, 2006. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/ Internet: htto://h2o.enr.state.nc.us/ncwetlands n` Caro N ina NturallU An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l0% Post Consumer Paper .$ Mr. Ferrara and Mr. Choe Page 2 of 3 March 14, 2006 The Additional Conditions of the Certification are: Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference 404/CAMA Wetlands 0.068 acres permanent PCN page 6 of 9 404/LAMA Wetlands 0.011 acres tern orary PCN page 6 of 9 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section .0500; 6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and N Mr. Ferrara and Mr. Choe Page 3 of 3 March 14, 2006 Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwctlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 7. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http;//lt2o.enr.state.ne.ris/su/Fornzs Doctmients.htm.; 8. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Certificate of Completion: 9. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Mr. Ferrara and Mr. Choe Page 4 of 3 March 14, 2006 Tlus letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes, in the DWQ Washington Regional Office at 252-946-6481. AWK/Unt Enclosures: GC 3402 Certificate of Completion Sincerely, Alan W. Klimek, P.E. cc: Robert M. Chiles, P.O. Box 3496, New Bern, NC 28560 USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Fil cname: 060I02FFerracaandEChoc(Pamlico)401-edited h F.. ... A'w °G - 1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 9, 2006 DWQ Project # 06-0102 Pamlicq•County Mr. Ferdinando Ferrara 63 Clifton Street Farmingdale, NY 11735 Mr. Edward Choe 1253 No. Ashbrook Drive West Chester, PA 19380 Subject Property: F. Ferrara and E. Choe Site- Neuse River [030410, 27-(104), SB, SW NSW] Approval of 401 Waters Quality Certification with Additional. Conditions Dear Mr. Ferrara and Mr. Choe: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.068 acres of wetland for the purpose of accessing high ground for development of duplex condominium at the subject property, as described within your application dated July 29, 2005, and received by the N.C. Division of Water Quality. (DWQ) on August 2, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other. regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire.upon expiration of the 404 or CAMA Permit. •: This approval is for the purpose and design that you described in your application. If you change your .project, YOU must notify us and you may be required to send us a new application. If the property is sold, the new .owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached . certification and.any additional conditions listed below. The Additional Conditions of the Certification are: Conditions of Certification: 1. Impacts Approved Jon . 401 Oversight/Express Review Permits Unit e ? . a ,?atura?? 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Mr. Ferrara and Mr. Choe Page 2 o' 3 March 9, 2006 The following impacts are hereby approved as long as all of the other specific and general . conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location. or Reference 404/LAMA Wetlands 0.038 acres PCN page 6 of 9 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards:. a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent versiofi of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3.. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or. riparian areas beyond the footprint of the impacts depicted in the 404/401Permit Application.. All construction activities' including the design, installation, operation; and maintenance of sediment and erosion control hest Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules'occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment. and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing- The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section.0500; 6.. Deed Notifications -.Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands; waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The.text of the sample deed notification may be modified as appropriate to suit to this project; R Mr. Ferrara and Mr. Choe Page 3 of 3 March 9, 2006 7. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (I)LR) or a DLR delegated local erosion and sedimentation control. program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued- to the project. This General Permit allows stormwater to be discharged during land disturbing : construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance, with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report fonps may be found at http://h2o.enr.state.nc.uslsu/Forms Documents.htm., 8. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This riiay require additional approval from this Office. Certificate of Completion: 9. Upon completion of all work approved within the 401 Water Quality. Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon. expiration of the 404 or.CAMA Permit. Violations of any condition herein set forth may result in revocation of this Certification.and may result. in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall-expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification.(associated with the approved wetland or stream impacts), you may ask for an adjudicatoryhearing. You must act within 60 days of the date that you receive this letter: To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a . hearing. Mr. Ferrara and Mr. Choe Page 4 of 3 March 9, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or tan McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes, in the DWQ Washington Regional Office at 252-946-6481. Sincerely, an W. Klimek, P.E. AWK/Unt Enclosures: GC 3402 Certificate of Completion cc: Robert M.. Chiles, P.O. Box 3496, New Bern, NC 28560 USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office DLR Washington Regional Office ' File Copy o Central Files Filcn=v 060102FFenumandEChoe(Pamlico)401 • •I reviews Subject: reviews From: Kyle Barnes <Kyle.Bamcs@ncmail.net> Date: Wed, 22 Feb 2006 09:03:28 -0500 To: Ian McMillan <ian.mcmillan@ncmail.net> 06-0102 Ferrara & Choe Pamlico 1/30/2006 02/21/06 NW 18 issue normal conditions Do not issue this project. As of this morning there is a violation that was reported. Place this project on Hold. KB 1 of 1 2/22/2006 9:17 AM Triage Check List Date. 1)9-6,16 To: ? ARO ? FRO ? MRO ? RRO r Proje6ir Name: R Yr?i? - .?- ' DWQ#: d - 618 County: L6wil CO Kevin B arnett Ken Averitte Alan Johnson Mike Horan From: 4YaRO ra rd Kyle B arnes ? WiRO Noelle Lutheran ? WSRO Daryl Lamb Telephone : (919) The file attached. Is being forwarded ?'?o . our for your evaluation. Please call if you need,!as stance. ? Stream length impacted ''; '? ,;f r I+ f ? Stream determination ? wetland determination and distance to blue-line surface'.waters on USFW topo maps ? Minimization/avoidance issues aBufferRules'(Neuse, Tar-Pamlico,'Catawba, Randleman) ? Pond M ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? - ? Cumulative impact concern Comments: ?-Gtp f Y1 SAM, Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 0 1 0 2 (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing .? Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ' ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 18. WQC#3402 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? IL Applicant Information 1. Owner/Applicant Information Co-Owners Mr. Ferdinando Ferrara Mr. Edward Choe 63 Clifton St. 1253 No. Ashbrook Dr. Farmingdale, NY 11735 West Chester, PA. 19380 (631) 577-0101 (610) 738-4907 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Consultant: Robert M. Chiles, PE Local Agent ROBERT M. CHILES, PE PO Box 3496 New Bern, NC 28560 (252) 637-4702 ofc (252) 637-3100 fax officeO,robertmchilespe.com Mr. David Sawyer 162 Country Club Dr. Arapahoe, NC 28516 (252) 249-1417 (252) 229-0723 cel F(7?:9?100\6[9 OP JAN l '7 2006 DENR-WA1ER ():,- q;i, AYE T LANK AND STGi OA WATER 6RA14CH pave i of Q M. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full- size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project:_ Proposed Site Plan & Grading Plan for David Sawyer and Others 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Parcel Number 5575, Map No F093-14 4. Location County: Pamlico Nearest Town: Minnesott Beach Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Travel HWY 306 south from HWY 55 in Grantsboro to Bennett Rd (on right - Arapahoe United Methodist Church on Corner), turn rt onto Bennett Rd. and follow until sharp left hand curve - site on right hand side at curve. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34.9750 ON 76.8255 °W 6. Property size (acres): 4.71 7. Name of nearest receiving body of water: Neuse River 8. River Basin: Neuse 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing site is wooded. A fishing cottage and pier, block headwalls, and rip-rap shoreline protection are existing onsite. Land use in the area includes single family residential, golf course and marina developments. PAGO 4 nr4 10. Describe the overall project in detail, including the type of equipment to be used: Work includes clearing the project site, constructing interlocking-block retaining walls and regrading the site in preparation for construction of the proposed condominium units and paved areas. Typical logging, site grading, materials handling and manually operated equipment will used to perform the work. 11. Explain the purpose of the proposed work: The purpose of the work is to manipulate site topography in preparation for construction of duplex condominium buildings and to provide ingress, egress and parking. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action M Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. USACE Action ID Number 200411609 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future wetland permit requests anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. DUI wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Temporary and permanent impacts are proposed. The temporary impacts are due to the installation of temporary erosion control measures slightly downstream of the permanent impacts. Permanent impacts result from fill placement in the form of interlocking block retaining walls, gravel and soil backfill. PACP 5 of Q 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Floodplain distinction based upon digital information acquired from the NC Floodplain Mapping Proffram (,.vw-%v.ncflnndmnnc rnm) Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 00-year 1 Floodplain ( es/no Distance to Nearest Stream linear feet Area of Impact (acres) Area 1 Clearing, Fill (Permanent) Forested No 480 0.052 Area 1 Clearing, Fill (Permanent) Forested Yes 480 0.007 Area 1 Erosion Control (Temporary) Forested No 480 0.002 Area 1 Erosion Control (Temporary) Forested Yes 480 0.006 Area 2 Clearing, Fill (Permanent) Forested No 240 0.008 Area 2 Clearing, Fill (Permanent) Forested Yes 240 0.001 Area 2 Erosion Control (Temporary) Forested No 240 0.001 Area 2 Erosion Control (Temporary) Forested Yes 240 0.002 Total Temporary Wetland Impact (acres) 0.011 Total Permanent Wetland Impact (acres) 0.068 3. List the total acreage (estimated) of all existing wetlands on the property: 1.18 acres 4. Individually list all intermittent and perennial stream impacts. NONE 5. Individually list all open water impacts NONE 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0.068 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.068 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water NONE 8. Pond Creation N/A pauP 6 of 9 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during constriction to reduce impacts. The original project concept was to disturb all three of the wetland salients on site; utilizing the largest or middle one as a boat basin. However, after meetings with the regulatory agencies, it became apparent that this was not feasible. The second concept was to fill the middle wetland salient and create a common area or picnic area. This proposed filling was also discouraged by local regulators. The submitted site & grading plan proposes the construction of keystone retaining walls to minimize the disturbance and fill within the wetlands while still allowing us to construct the desired buildings and parking areas. The total amount of 404 wetlands impacted is less than 0.1 acres as previously indicated. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://li2o.enr.state nc us/ncwetlande/strm«ide html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The initial size of the project has been reduced and a proposed basin and channel eliminated. If required, additional mitigation will be provided in the form of a conservation easement for other wetland areas onsite or via in-lieu payment to the NCEEP (EEP availability and approval not yet investigated). PnaP 7 of 4 2. Mitigation may also be made by..payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/M/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of Riparian wetland mitigation requested (acres): Not vet determined. LX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes,. . . N/A 3. If yes, ... N/A Y. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to die buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® Work in the Neuse River buffer shall be limited to those activities which are categorized as EXEMPT in 15A NCNC 02B.0233 (6) "Table of Uses. 2. If "yes", ... N/A 3. If buffer mitigation is required, ... N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 200,,0, please provide calculations demonstrating total proposed impervious level. Paoa Q nr9 r Existing impervious area onsite composed of a gravel driveway (0.04 ac). Proposed impervious area includes 0.49 ac - buildings and 0.55 ac - parking and drives Total acreage of site is 4.71 acres. Result is proposed impervious surfaces covering 22.1% of the total site. XII. Sewage Disposal (required by DWQ) 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. Standard subsurface methods will be installed to provide onsite wastewater treatment for the project. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Z Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, ... N/A If no, please provide a short narrative description: Development is complete as depicted in plans, no additional development is proposed. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules draw-down schedules for lakes, dares associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). CK` Applicant/Agent's Signature D to (Agent's signature is valid only if an authorization letter from the applicant is provided.) PnoP Q of Q Existing impervious area onsite composed of a -ravel driveway (0.04 ac). Proposed impervious area includes 0.49 ac -buildings and 0.55 ac - parking and drives Total acreage of site is 4.71 acres. Result is proposed impervious surfaces covering 22.1 % of the total site. XR. Sewage Disposal (required by DWQ) 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. Standard subsurface methods will be installed to provide onsite wastewater treatment for the project. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Z YIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No ? If yes, ... N/A If no, please provide a short narrative description: Development is complete as depicted in plans, no additional development is proposed. YV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e. g. draw-down schedules for lakes, dates associated with Endangered and Threatened accessibility problems, oE_other issues outside of the applicant's control). /Z/" i7 Applicant/Agent's Signat Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) PROP 0 of 0 1302 1147 1149 1121 14 1122 SIT S s o w ?D JA N 1 7 2006 1121 Sl Qfii.??i??E Q) MINNESOTT BEACH ? ?r/KINSON : OINT S " QS/6 . VICINITY MAP FOR DAVID SAWYER AND OTHERS DATE: 12-13-2005 ROBERT M. CHILES, F.E. MINNESOTT BEACH PROPERTY JOB No.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: N.T.S. NEW BERN, NORTH CAROLINA "9. ZONE 'AE THELBERT THOMAS JAMES, JR. ZONE 'AE' v w o? ? -r T ? I= h J?'? I k III MARY BOYD VWORTON ??J ?`? , I l l l l l l ss . qcl 2Q o / ti .y N\\\\ \ \ 0 0 N ^°J ry/ ? \ \ ?\ \ \ 4V A A V \ \ V A A NF,1 A A 1 A A T I3 i ALL \ COI r - _ L4 ?•.? ,i?,/ II ` - - - - - -=`?l}yFq / / L)?KTLAND DELINEATION UNE_TA8LE LINE LENGTH BEARING A? A V L1 1 320.17' N48'11'22'W S? `?J ?'? \\ • 10 12 38.00'! N24'07'36'E ?? 9 `, lp \ \ hCY ?ry L3 40.56' S8778'19'E L4 48.86'! S77'55' -O'E F \ \ ?y I L5 33.48'1 N44'02'54'E Off' \ \ JAN F. MONAGHAN r L6 34.04" 586'39'S5 'E O NQ 9i ,A P? 0?0 9SS0- \\ \" I L7 37,43' N04'S3'32"E L8 1 37_59'1 N5356'47'E ??? ?Q h L9 35.85'1 S53'03'23'E O 0 ?s?7R T,. v i LI,D; { j?.72'; NS-9.32•W L12 1 64.70'1 N51'14' L13 1 23.32'1 N07'55' L141 45.45 1 N78'44' LL161 36_09'1 N40'55'54-W L177 29.02'1 N21'31'25'W o ' ?- r-- - ?, , ,C'? 7(O, • ?+? L18 32.96,1 N09'43'55'E L19 30.68i N6713'43'E L °;? • ? L20 31.41'1 S63'S4'S2'E N '° & A' DELINEATED WETLAND BOU ?L 7 0?? l21 18.67'1 S75'04'54'E - - -EXISTING CONTOURS L22 4232' NOt'41'3TW ( ( A ' L23 17.38'1 N48'46'16'W ° °o z ^ L24 38.88' N1712- 8-11 04 /?M'?/ f?? i? b t'• • r?°? j L25 1 60.76' N18'48'35'E SITE DATA /i; r i ?I GRAPHIC SCALE TOTAL SITE AREA ................ ..........191183 SQ. FT. (4.71± ACRES) 0 50 100 200 UPLAND AREA. 145160 ..................................SQ. FT. (3.331 ACRES) 404 WETLAND JURISDICTIONAL AREA..... 46023 SO. FT. (1.18t ACRES) FOR EXISTING AND OTHERS DATE: 12-13-2005 ROBERT M. CHILES, F.E. MINNESOTT BEACH PROPERTY JOB No.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLIC AMLICO COUNTY SCALE: 1" = 100' NEW BERN, NORTH CAROLINA ZONE "AE c \ , THELBERT THOMAS JAMES. JR. V'17TLAND IMPACT AREA 2 406 S. F. PERMANANT IMPACT (38 S.F. 129 S. F. TEM ORAR/Y IMPACT (72 S.F. (RETAINING WALL TO SILT FENCE) ZONE "AE" r72 ? ? - 0 n/ N 96 LF. TO WAU?EL 10 6 TOP WALL EL 1}Y? z 18 L: ? N N WALL f EN WALL EL TOP QF ALC EL? i0:0 ??? J o {2 LF. / TOP OF WALL EL '4.? ) i="rybry? 546 L6. TOTAL LENG?.rrETANtIN: C\ qyq ?A9 ?1B0 ??\.?\ • \ DTI AND IMPA .T MANANT RGA i 2593 S. F. PER IMPACT (329 S.F. AE) (RETAINING WALLMLL) 351 S. F. TEMPORARY IMPACT (246 S.F. AE) / (RETAINING WALL TO SILT FENCE) MARY BOYD W410RTON 209 E WETLAND DELINEATION LINE_ To P OF WALL LINE 1 LENGTH BEA EL 24.0 ( L1 320.17'1 N48'1' 322 LF. r- L2 I 38_00' N240 L3 1 4-0.56'1 S871 L4 1 48.86'1 S77'S L5 1 33.48'1 N4-4'O JAN F. MONAGHAN L6 1 34.04'1 S8613' L7 i 37.43'1 N04'5 L81 37.59'1 N53'5 L9 1 35.85'1 S5310 L10 1 30.72" N59'3 O EATED WETLAND BOUNDARY /?.4 L KEYSTONE WALL - - - EXISTING CONTOURS L FINISHED CONTOURS M25 e'''ar., 4 0 ? Y ?• ????`' SITE DATA TOTAL SITE AREA ..................................191183 SO. FT. (4.711 ACRES) UPLAND AREA ........................................145160 SO. FT. (3.33± ACRES) 404 WETLAND JURISDICTIONAL AREA..... 46023 SO. FT. (1.18± ACRES) 29.02" N21*31'25'w In 0 I 32.96'1 N09*43'55'E r? 30.68'1 N 67 -13 ?4E- N 18.67'1 S75'04'54'E 0 0 17-7,9'1 N48*4-6'16'W 0 L8.88'1 N1752'08*W 0 3 60.76'! N11848'3i?E GRAPHIC SCALE 50 100 200 PROPOSED CONDITIONS (TOPOGRAPHY) DATE: 12-13-2005 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS MINNESOTT BEACH PROPERTY JOB No.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1 = 100' NEW BERN, NORTH CAROLINA THELBERT THOMAS JAMES, JR. WEI AND IMPACT AREA 2 406 S. F. PERMANANT IMPACT (38 S.F. AE) 129 (RETAINING TEMPORARY IMPACT (72 S.F. AE) (RETAINING WALL TO SILT FENCE) 04 c 'a' ti 0 WALK - 10 / l W WALL EL 0 N WALL EL 16.0 END WALL EL 14.5 I J I / OP 01` V LL EL 10.0 1 TOP OF WALL EL 14.5 \\ \ti, ?\ po. \ FIN. ?y qyF. SF EL SLA 6.0 c LA \9 Q \ Jp?? \ C9y FIN. i1 sc?\ 9 L EL?17.0 \ _ tiF \ 9C\ \ \ EL?18.C 5 KFTI AND IMPACT AREA 1 2593 S. F. PERMANANT IMPACT (329 S.F. AE) (RETAINING 351 IMPACT (246 S.F. AE) F. TEMPORARY (RETAINING WALL TO SILT FENCE) q m MARY SOYD WHORTON 9 p \ U FIN/ FLT 25.0 x ?Z"25.5 TOP OF WALL EL 24.0 JAN F. MONAGHAN -<A 0/ o LECEND A ?DELINEATED WETLAND DOUNDARY KEYSTONE WALL 0 0 o NN 25 GRAPHIC SCALE SITE DATA TOTAL SITE AREA ..................................191183 SO. FT. (4.71t ACRES) 0 50 100 200 UPLAND AREA ........................................145160 SO. FT. (3.33± ACRES) 404 WETLAND JURISDICTIONAL AREA..... 46023 SCI. FT. (1.18t ACRES) PROPOSED CONDITIONS (CONSTRUCTION) DATE: 12-13-2005 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS MINNESOTT BEACH PROPERTY JOB No.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1" = 100' NEW BERN, NORTH CAROLINA . r THELBERT THOMAS JAMES, JR. MARY BOYD WH9)RTON WALL \ / ®® ®® SILT FENCE WALL i ?0 \ 44f9 / " r DELINEATED WETLAND BOUNDARY KEYSTONE WALL -- --+--? SEDIMENT/SILT FENCE PERMANENT SEEDING TEMPORARY SEEDING 10 0 0 0 0 N y GRAPHIC SCALE SITE DATA 0 50 100 200 TOTAL SITE AREA ................................... 191183 SO. FT. (4.71± ACRES) UPLAND AREA ....................................... .145160 SO. FT. (3.33± ACRES) 404 WETLAND JURISDICTIONAL AREA... . 46023 SO. FT. (1.181 ACRES) ,, ,.,.. PROPOSED EROSION CONTROLS DATE: 12-13-2005 ROBERT P.E. CHILES M FOR DAVID SAWYER AND OTHERS , . MINNESOTT BEACH PROPERTY JOB No.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD 1" = 100' NORTH CAROLINA NEW BERN PAMLICO COUNTY SCALE: , 2J?? V 1 I ALL ?J WALL JAN F. MONAGHAN _I 4 m i v cs X 12'x50' TEMPORARY GRAVEL. CONSTRUCTION ENTRANCE (\ ? S 25 q U 4 0 U u ZONE "AE WETLAND DELINEATION LINE TABLE LINE ! LENGTH BEARING L17 29.02'1 N21'31'25"W L18 32.96" N09'43'55"E -Li _ 9 30.68' N67'13'43"E L20 31.41 S63'54'52"E X21 ! 18.67'1 S75'04'54"E L22 42.32'1 N01'41'37"W L23 17.38'1 N48'46'16"W L24 38.88'1 N17'52'08"W 5 _ 60.76'1 N18'48'35"E 3 GRAPHIC SCALE p 25 :A 100 WETLAND IMPACT DETAILS DATE: 12-13-2005 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS MINNESOTT BEACH PROPERTY JOB No.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1" = 50' NEW BERN, NORTH CAROLINA WETLAND IMPACT AREA 1 2593 S. F. PERMANANT IMPACT (329 S.F. AE) (RETAINING WALL/FILL) 351 S. F. TEMPORARY IMPACT (246 S.F. AE) (RETAINING WALL TO SILT FENCE) BEGIN WALL EL. 16.0 END WALL EL 14.5 LEGEND ??' DELINEATED WETLAND BOUNDARY o KEYSTONE WALL - EXISTING CONTOURS FINISHED CONTOURS o SEDIMENT/SILT FENCE N d1 G2 x O { Q a WETLAND IMPACT AREA 2 f 406 S. F. PERMANANT IMPA( (RETAINING WALL/FILL) 129 S. F. TEMPORARY IMPAC (RETAINING WALL TO SILT ZONE "AE" SILT FED WETLAND DELINEATION LINE TABLE LINE LENGTH ! BEARING L5 33.48' 1 N44'02'54"E L6 34.04' 1 S86'39'55"E L7 37.43' 1 N04'53'32"E L8 X59' N53'56'47"E TOP OF WALL EL. 10.0 P OF WALL EL. 14.5 A SAL LEGEND DELINEATED WETLAND BOUNDARY KEYSTONE WALL EXISTING CONTOURS FINISHED CONTOURS SEDIMENT/SILT FENCE GRAPHIC SCALE 25 50 N O M i N 0 0 O N 3 1001 WETLAND IMPACT DETAILS DATE: 12-13-2005 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS MINNESOTT BEACH PROPERTY JOB NO.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1" = 50' NEW BERN, NORTH CAROLINA Name: CHERRY POINT Location: 034° 58'24.3" N 076° 49'32.2" W Date: 12/16/2005 Caption: PROJECT SITE FOR Scale: 1 inch equals 1000 feet DAVID SAWYER OTHERS BENNETTE ROAD Copynght (C) 1997, Maptech, Inc p@mowr-q ? JAN 1 7 20x6 INSET A A Scjie - 1:24000 PAMLICO COUNTY, NORTH CAROLINA NO. 9 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200411609 County: Pamlico U.S.G.S. Quad: Cherrv Point NOTIFICATION OF JURISDICTIONAL. DETERMINATION Property Owner/Agent: David Sawyer c/o Mr. Joe Riddick, Robert \1. Chiles P. E. Address: Post Office Box 3496 New Bern, NC 24564-3496 Telephone No.: 252-637-4702 Size and location of property (waterbody, road name/number, toNvii, etc.) -fin approxinia(e 4 71 acre tract located at the terminus of Bennett Road off N. C. Thy v. 306 at the confluence of Oxendine Gut and the Neuse River in the Town of Minnesott Beach in Pamlico County, North Carolina. Indicate Which of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corp!;. There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 7/29/2004. 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 %vhich are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X 1Ire property is located in one of tire 20 Coastai COUnIiCS SLIDjM to I: gulatlon under iht: Cousta'l Area ri lia`?Il;ent Act (CA.\1IA). You should contact the Division of Coastal :Management in Morehead City, NC, at (252) 808-2308 to determine their requirements. Remarks: Lot includes approximately 425 feet of frontage along the Meuse River. Plat was prepared by Robert M. Chiles. P. E., entitled "404 Wetland Delineation for David Samvver and Others," and dated 06-29-2004. Corps Regulatory Official: T- Date 07/29/2004 Expiration Date 07/29/2009 Page 1 of 2 JAN i 2006 fair. ;psi ,,? wGERIQ FR/T Y Action Id. 200411609 Placement of dredged or till material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Sentt Jones at 252-975-1616 est. 27. Basis For Determination: This site exhibits Nvetland criteria as described in the 1987 Corps NVetland Delineation Manual and is located adjacent to Osendine Gut and the Neuse River. Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. o A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. v If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this forin. Page 2 of 2 N (" 'l"IJ? ?ICAri'ION ()l?n ADi1'I[NIS'l'IZATIVE APPEAL OPTIONS AND PROCESS AN1D , t ?_I REQUEST FOR APPEAL a File Number: I I Date. t ?1 .? Applicant: t! See Sect' n below a ched is: B INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) C PERMIT DENIAL D APPROVED JURISDICTIONAL DETERMINATION E PRELIMINARY JURISDICTIONAL DETERMINATION SECTION I - The following identities your tights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.ariny.rtiil/inet/funetions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. o OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the.permit in the future. Upon receipt of your letter; the district engineer will evaluate your objections and.may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. a APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing, Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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. J w N N 6 2 n` Q- VJ f• ti? i ? I I I i i ,J o? 0 0 THELBERT THCVAS JAMES, JR. l` i i _ i 1?. ti C?SF. 9 ? JQ?LF` ? ry0 ?-!1f N199?? SJ, 0 ?J %Y ,THIS CERTIFIES THAT THIS COPY CF THIS PUT IDENTIFIES AS 'HATERS AND AE7111NDS ALL AREAS OF WATERS AvD ME; LANDS REGULATED PURSUANT TO SECTICN 404 CF THE CLEAN WATER ACT AS DETERMINED BY THE UNCERSIGNED CN THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW" OR CUR PUBLISHED REGULATICNS, THIS DETERMINA11CN MAY EE REL'ED CN FOR A PERICO NOT TO EXCEED FIVE YEARS FRCM THIS DATE. THIS CE TERMINATICN WAS MADE UTILIZING THE 1987 CCRPS CF ENGNEERS ' 0 DEL'NEATICN MANUAL' ?G[3TT ?5 U.S. ARMY PS Cf ENG;NEERS REPRESFNTATI?E TITLE 2A 1Y7rd a• J\ V-z' ;,, 0 .° s u U x \\\\I- 03 N 4. / A£ LAND CEUNEA7ICN LINE TABLE UNE LENGTH BEARING L1 320.1T1 N48II L4-W II L2 : 38.00" I N24 07'36'E , ?' 1 4,0. 597 18' 19"E L4 48 86"' S77 S5'4?0"E L5 . 33.48'! N4.402'S4"E? L6 34.04: S86'39'S5'c C7- 37.4,3'! N04.53' Y3E L9 59 37-" S6'4YE N L9 35.85' S53'03'23"E LID 30.72" N59'32'S0'E Ltt 32.70"' Sb2'24'02"E _ L12 64.70"' N51'14'45-E ' l13 23_32'8 NC7"°5'13"E L14? __ 45.45' N78'44'il"'N L75 49.10" N87'07'02'W L16 36.09" N40--5'54`4 L17 29.02" N21'31"25N L18 3296" N09'43'55'E L13 'A 68" N6T13'43'E L20 31.41 S83"-'4-52'E L21 118.67"' S75.04'54'E L22 42.32" 401'41'37N l23 17.38" N48'4b-lb w L24 38.88" N1T52'08"H L25 60.76" N18'48'35E I GRAPHIC SCALE 0 I rn N I a v O N N 3 5 ?' = DATA DATE 100 :da TOTAL SITE AREA ..................................191183 SO. FT. (4.711 ACRES) 0 50 UPLAND AREA ........................ ..........145160 SO. FT. (13+t ACRES) ,?._. 404 -HEiLANO JURISDICTIONAL AREA....46023 30. FT. (1.C6_ ACRES) .04 WETLAND JURISDICTIONAL DELINEATIO DATE: 6-29-200 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS 2004046 ENGINEERS AND CONSULTANTS Ty CB NO.: MINNESOTT BEACH PROPER BENNETTE ROAD NEW BERN, NORTH CAROLINA SOLE. 100' PAMLICO COUNTY = JAN F. MCNAGHAN I' {?I MARY BOYD 16VJORTON `: .. . r' It „ ??, ? ,,° i?Iiz n? ? .tt ? •1? J ? S 4 , I _ ' N1 thews Ch Cash, Corner No 2? Gatlin Creek Sch Mt7lonChl{,i ll?'? -r' t l Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 0 1 0 2 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 18• WQC#3402 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? H. - Applicant Information 1. Owner/Applicant Information Co-Owners Mr. Ferdinando Ferrara Mr. Edward Choe 63 Clifton St. 1253 No. Ashbrook Dr. Farmingdale, NY 11735 West Chester, PA. 19380 (631) 577-0101 (610) 738-4907 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Consultant: Robert M. Chiles, PE Local Agent ROBERT M. CHILES, PE PO Box 3496 New Bern, NC 28560 (252) 637-4702 ofc (252) 637-3100 fax office(c)robertmchilespe.com Mr. David Sawyer 162 Country Club Dr. Arapahoe, NC 28516 (252) 249-1417 (252) 229-0723 cel PL'2:-.i? 0WHP OP JAN 1 7 2006 UENR - 'WIATi EF, U-,0 , WET IAN03 nNU ;TUOA NATER BRAi4Cii pnot- ; nf9 M. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full- size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Proposed Site Plan & Grading Plan for David Sawver and Others 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Parcel Number 5575, Map No. F093-14 4. Location County: Pamlico Nearest Town: Minnesott Beach Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Travel HWY 306 south from HWY 55 in Grantsboro to Bennett Rd (on right - Arapahoe United Methodist Church on Corner), turn rt onto Bennett Rd. and follow until sharp left hand curve - site on right hand side at curve. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34.9750 ON 76.8255 °W 6. Property size (acres): 4.71 7. Name of nearest receiving body of water: Neuse River 8. River Basin: Neuse 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing site is wooded. A fishing cottage and pier, block headwalls, and rip-rap shoreline protection are existing onsite. Land use in the area includes single family residential, golf course and marina developments. paor 4 nr4 r' 10. Describe the overall project in detail, including the type of equipment to be used: Work includes clearing the project site, constructing interlocking-block retaining walls and regrading the site in preparation for construction of the proposed condominium units and paved areas. Typical logging, site grading, materials handling and manually operated equipment will used to perform the work. 11. Explain the purpose of the proposed work: The purpose of the work is to manipulate site topography in preparation for construction of duplex condominium buildings and to provide ingress, egress and parking. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. USACE Action ID Number 200411609 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future wetland permit requests anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list acid describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Temporary and permanent impacts are proposed. The temporary impacts are due to the installation of temporary erosion control measures slightly downstream of the permanent impacts. Permanent impacts result from fill placement in the form of interlocking block retaining walls, gravel and soil backfill. PaoP. 5 of 9 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Floodplain distinction based upon digital information acquired from the NC Floodplain Mapping Program (www.ncfloodmans.com). Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain 6s/no Distance to Nearest Stream linear feet Area of Impact (acres) Area I Clearing, Fill (Permanent) Forested No 480 0.052 Area 1 Clearing, Fill (Permanent) Forested Yes 480 0.007 Area 1 Erosion Control (Temporary) Forested No 480 0.002 Area 1 Erosion Control (Temporary) Forested Yes 480 0.006 Area 2 Clearing, Fill (Permanent) Forested No 240 0.008 Area 2 Clearing, Fill (Permanent) Forested Yes 240 0.001 Area 2 Erosion Control (Temporary) Forested No 240 0.001 Area 2 Erosion Control (Temporary) Forested Yes 240 0.002 Total Temporary Wetland Impact (acres) 0.011 Total Permanent Wetland Impact (acres) 0.068 3. List the total acreage (estimated) of all existing wetlands on the property: 1.18 acres 4. Individually list all intermittent and perennial stream impacts. NONE 5. Individually list all open water impacts NONE 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact acres : 0 Wetland Impact (acres): 0.068 Open Water Impact acres : 0 Total Impact to Waters of the U.S. (acres) 0.068 Total Stream Impact linear feet : 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes No Describe all impacts to isolated waters, and include the type of water NONE 8. Pond Creation I/A Pave. 6 of 9 VII. Impact Justification (Avoidance and Minimization) 1. Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The original project concept was to disturb all three of the wetland salients on site; utilizing the largest or middle one as a boat basin. However, after meetings with the regulatory agencies, it became apparent that this was not feasible. The second concept was to fill the middle wetland salient and create a common area or picnic area. This proposed filling was also discouraged by local regulators. The submitted site & grading plan proposes the construction of keystone retaining walls to minimize the disturbance and fill within the wetlands while still allowing us to construct the desired buildings and parking areas. The total amount of 404 wetlands impacted is less than 0.1 acres as previously indicated. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httl2:Hh2o.enr.statc.ne.us/ncwetIands/strTnt,,ide.htm1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, entrancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement; etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The initial size of the project has been reduced and a proposed basin and channel eliminated. If required, additional mitigation will be provided in the form of a conservation easement for other wetland areas onsite or via in-lieu payment to the NCEEP (EEP availability and approval not yet investigated). Papa 7 of 9 2. Mitigation may also be made by-payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at littp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of Riparian wetland mitigation requested (acres): Not vet determined. M Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, ... N/A 3. If yes,... N/A Y. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No [Z Work in the Neuse River buffer shall be limited to those activities which are categorized as EXEiVIPT in 15A NCNC 02B.0233 (6) Table of Uses. If "yes", ... N/A 3. If buffer mitigation is required, ... N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Pave R nr4 Existing impervious area onsite composed of a gravel driveway (0.04 ac). Proposed impervious area includes 0.49 ac - buildings and 0.55 ac - parking and drives Total acreage of site is 4.71 acres. Result is proposed impervious surfaces covering 22.1% of the total site. X11. Sewage Disposal (required by DWQ) 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. Standard subsurface methods will be installed to provide onsite wastewater treatment for the project. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, ... N/A If no, please provide a short narrative description: Development is complete as depicted in plans, no additional development is proposed. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). (2?A C(A,, '"- - , Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) PnoP Q of 4 Existing impervious area onsite composed of a gravel driveway (0 04 parking and drives Proposed impervious area includes 0.49 ac - buildings and 0. ac - Total acreage of site is 4.71 acres. ?? lobo of the total site. Result is proposed impervious surfaces covering XII. Sewabe Disposal (required by DWQ) Clearly detail the ultimate treatment methods and d aP°bleloca ac?ty olf the subject facility e) of wastewater generated from the proposed project, o p Standard subsurface methods will be installed to provide onsite wastewater treatment for the project. ,III. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, ... N/A If no, please provide a short narrative description: Development is complete as depicted in plans, no additional development is proposed. ,X-V. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However; an applicant may [CT That mav on choose to list constraints associated with construction or sequencir, dates associated with lEndangeredsannd work schedules (e.g., draw-down schedules for lakes, Threatened Slc6e3, accessibility problems, other issues outside of the applicant's control). f ip a Date Applicant/Agent's Signat (.agent's signature is valid only if an authorization letter from the applicant is provided.) papa Q of Q 1 i 1302 1147 1149 1121 14 1122 SIT S s w 01 J4 N 1 r 1121 ?006 t1? r,JJ""YDaT,iTERUjiardcH Q::? MINNESOTT / BEACH ??>> } I d l ??? M WILKINSON ??t a r l? L? /1 POINT ? i r AL ° r- e = 2 ° ° N 1 ?ire q VICINITY MAP : FOR DAVID SAWYER AND OTHERS OAS 12-13-2005 ROBERT M. CHILES, P.E. MINNESOTT BEACH PROPERTY JOB No.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: N.T.S. NEW BERN, NORTH CAROLINA "949, ZONE "AE THEL13ERT THOMAS JAMES, JR. ZONE ZONE 'AE" O ? -qc4' x ?/? y G ? A 0 o ?O O`?' 0`` ys s ?o ?y3 ?,. ?o /Y .OZ P 5 /0 * A a y DDEEUNNEpATED WETLAND BOU . w ? J) a?? - - - EXISTING CONTOURS L. ?V. d ?QmL o `+. 40 `?. SITE DATA ///??/ j?;{114??~ TOTAL SITE AREA ..................................191183 SO. FT. (4.711 ACRES) UPLAND AREA .........................................145160 SO. FT. (3.331 ACRES) 404 WETLAND JURISDICTIONAL AREA.....46023 SO. FT. (1.18± ACRES) ?' A 0 i a WETLAND DELINEATION LINE TABLE LINE LENG BEARING L1 320.17' N48'11'22'W L2 38.00' N24'07'36'E L3 40.56' S87'18'19'E L4 48.86' S77'55'40"E L5 33.48' N44'02'54'E L6 34.04' S86'39'55'E L7 37.43' N04'53'32'E L8 37.59' N53'56'47'E L9 35.85' S53'03'23"E L10 30.72' N59'32'50'E L11 32.70' S62-24'02'E L12 64.70' N51'14'45'E L13 23.32' N07'55'13'E L14 45.45' N78'44'11'W L15 49.10' N87'07b2"W L16 36.09' N40-55'54"W L17 29.02' N2131'25'W 1-18 32.96' N09'43'55'E L19 30.68' N67'13'43'E L20 31.41' S63'54'52'E L21 18.67' S75'04'54'E L22 4232' N01'41'37"W L23 7.38' N48'. '16'W L24 38.88' N17'52'O8"W 125 60.76' N18'48'35"E to 0 I M i 0 0 0 N 3 GRAPHIC SCALE 50 100 2001 EXISTING CONDITIONS DATE: 12-13-2005 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS MINNESOTT BEACH PROPERTY JOB No.:2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1" = 100' NEW BERN, NORTH CAROLINA ?o v M VJ y?v o, 0 N I X r? l F/. I II . 1 I?i11\`? I I I MARY BOYD WHORTON I? IIIII?I ??? ? ?? _ < NE;q A \ \ V A A ? r i ? ? _ ?? Y ?'b? yyF! ?' ' / I I - - j?ii0% mil ---- at \\ . 9 \ ?' JAN F. MONAGHAN SSB0. \\ \ ZONE "AE F \, THEL13ERT THOMAS JAMES, JR. ZONE 'AE' ti \ qc? FAG ti,,? !7 0 ' I V N Q- VJ ?i J?' i I 9 WAI 1O.b / WETLAND IMPACT AREA 1 2593 S. F. PERMANANT IMPACT (329 S.F. AE) (RETAINING WALL/FlLL) 351 S. F. TEMPORARY IMPACT (246 S.F. AE) / (RETAINING WALL TO SILT FENCE) co MARY BOYD WHORTON •x 18 L R. ? \ r; $ EN N WALL EL ? OP OF ALLY El 10 0 ? ? ? /?ryo tZ LF. I / Y V TOP OF WAIL 4. ) \ TOP OF WALL El- 24.0 32 `\\ 322 LF. JAN F. MONAGHAN 1A'o. ?\ \ L1 6 3 6. 091 N40'55'54'W * ' * L1 31 25 W 7 N21 29.021 ' ' ' 4 A• DTED WETLAND BOUNDARY L1 moo, ?T? /0 ??^1 L2 55 8 1 32.96 1 N09 43 0 NE WALL KEYSTO - - -EXISTING CONTOURS / o QEAL L FINISHED CONTOURS 2925 L2 31.41 21 18.67' S75*04'54*E 2 42.32 N01*41'37"W r ? o + 1 GRAPHIC SCALE SITE DATA TOTAL SITE AREA .................................. i 1 ? 191183 SO. FT. (4.711 ACRES) 0 SO 100 200 UPLAND AREA ........................................145160 SO. FT. (3.33± ACRES) 404 WETLAND JURISDICTIONAL AREA ..... 46023 SO. FT. (1.18± ACRES) PROPOSED CONDITIONS (TOPOGRAPHY) DATE: 12-13-2005 ROBERT P.E. CHILES M FOR DAVID SAWYER AND OTHERS , . MINNESOTT BEACH PROPERTY JOB NO.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1" = 100' NEW BERN, NORTH CAROLINA WETLAND IMPACT AREA 2 406 S. F. PERMANANT IMPACT (38 S.F. (RETAINING WALL/FlLL) 129 S. I TEMPORARY IMPACT (72 S.F. (RETAINING WALL TO SILT FENCE) THEL13ERT THOMAS JAMES, JR. WETLAND IMPACT AREA 2 406 S. F. PERMANANT IMPACT (38 S.F. AE) (RETAINING WALL/FILL) 129 S. F. TEMPORARY IMPACT (72 S.F. AE) (RETAINING WALL TO SILT FENCE) 2 gn 0 WA LYE )P WALL 1 B IN WALL EL 16.0 END WALL EL 14.5 i J' / OP OFLI EL 10.0 1 TOP OF WALL EL 14.5 FIN. \ \ \\\ \ J \ yi ??y 0 \ \ ELA6.0 \? y F?\411 mss, SLA \9?Q `,r,, ?. \ C9y F1 N. fi?yc SF\ 7 G EL17.0 ??G`SF \ \ \ \\ D 18.0 FIN. £190 ??L \ \ \ E WE n AND IMPACT AREA 1. 2593 S. F. PERMANANT IMPACT (329 S.F. AE) (RETAINING WALL/FILL) 351 S. F. TEMPORARY IMPACT (246 S.F. AE) (RETAINING WALL TO SILT FENCE) q MARY BOYD MORTON g 4 FIN/ F 25.0 x F1N EL 25.5 TOP OF WALL EL 24.0 JAN F. MONAGHAN DEQ A ° A ATED WETLAND BOUNDARY KEYSTONE WALL ul) ref ??? ? = o t? ? ° 0 N] g AA,, 'v, •° \? I eL 1- 0 .r 0 0 N TA GRAPHIC SCALE SITE DA TOTAL SITE AREA .................................. 191183 SO. FT. (4.711 ACRES) 0 50 100 200 UPLAND AREA ........................................ 145160 SO. FT. (3.33± ACRES) 404 WETLAND JURISDIC71CNAl AREA ... .46023 SO. FT. (1.18± ACRES) PROPOSED CONDITIONS (CONSTRUCTION) DATE: 12-13-2005 P.E. ROBERT M. CHILES FOR DAVID SAWYER AND OTHERS , MINNESOTT BEACH PROPERTY JOB NO.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD l' = 100' NEW BERN, NORTH CAROLINA PAMLICO COUNTY SCALE: THELBERT THOMAS JAMES, JR. 4P -Ls WALL I I/ ALL I' ?J • n MARY BOYD WHARTON 0 X i SILT FENCE _ WALL C ' ? . ? • J • wAU. 0? \ cg419 41 '\ \ LES:EMQ IL a OELINEATED WETLAND BOUNDARY KEYSTONE WALL -+---+--+ SEDIMENT/SILT FENCE PERMANENT SEEDING TEMPORARY SEEDING 12'40' TEMPORARY GRAVEL CONSTRUCTION ENTRANCE WALL JAN F. MONAGHAN a 0 0 0 N 3 SITE DATA GRAPHIC SCALE TOTAL SITE AREA ..................................191193 SO. FT. (4.71± ACRES) 0 50 100 200 UPLAND AREA ........................................145160 SO. FT. (3.33± ACRES) . 404 WETLAND JURISDICTIONAL AREA .... 46023 SO. FT. (1.18± ACRES) PROPOSED EROSION CONTROLS DATE: 12-13-2005 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS MINNESOTT BEACH PROPERTY JOB NO.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1" = 100' NEW BERN, NORTH CAROLINA Ol 03 WETLAND IMPACT AREA 1 2593 S. F. PERMANANT IMPACT (329 S.F. AE) a ZONE "AE (RETAINING WALL/FILL) \ 351 S. F. TEMPORARY IMPACT (246 S.F. AE) \\ (RETAINING WALL TO SILT FENCE) ?J I N • ?O SILT?'FEN CE--- ' OF LL EL. 10 OFW?LEL. .0 WETLAND DELINEATION LINE TABLE j LINE LENGTH BEARING L17 29.02' N21'31'25"W L18 32.96' N09*43'55"E71 L19 30.68' N67'13'43"E L20 31.41' S63'54'52"E L21 18.67' S75'04'54"E L22 42.32' N01'41'37 "W I L23 17.38' N48'46'16"W L24 38.88' N17'52'08"W L25 60.76' N1 8'48'35"E FIN. FL_. / EL. 25.[ _ 5_ 28925 o ;, . BEGIN WALL EL 16.0 .. I ?' END WALL EL 14.5 LEGEND DELINEATED WETLAND BOUNDARY o KEYSTONE WALL N EXISTING CONTOURS FINISHED CONTOURS o °-• SEDIMENT/SILT FENCE 3 25 GRAPHIC SCALE n 25 50 100 WETLAND IMPACT DETAILS DATE: 12-13-2005 ROBERT M. CHILES, P.E. FOR DAVID SAWYER AND OTHERS MINNESOTT BEACH PROPERTY JOB NO.: 2004046 ENGINEERS AND CONSULTANTS BENNETTE ROAD PAMLICO COUNTY SCALE: 1" = 50' NEW BERN, NORTH CAROLINA m x a A ri eND I PM ACT ABEB-2I. 406 S. F. PERMANANT IMPAC (RETAINING WALL/FILL) 129 S. F. TEMPORARY IMPAC' (RETAINING WALL TO SILT ZONE "AE" SILT FEI WETLAND DELINEATION LINE TABLE BEARING LINE LENGTH L5 33.48' N44'02'54"E L6 34 04' S86'39' 55"E L7 37.43' N04'53'32"E I" r_n- N53'S6'47"E TOP OF WALL EL. 10.0 OF WALL EL. 14.5 i t11 S EU-tla DELINEATED WETLAND BOUNDARY Lo KEYSTONE WALL ° EXISTING CONTOURS 1 FINISHED CONTOURS SEDIMENT/SILT FENCE 3 0 GRAPHIC SCALE 0 25 so WETLAND IMPACT DETAILS DATE: 12-1_ 3-2005 FOR DAVID SAWYER AND OTHERS 2004046 MINNESOTT BEACH PROPERTY JOB NO.: _ BENNETTE ROAD PAMLICO COUNTY SCALE: _i:_= 50 ROBERT M. CHILES, P. ENGINEERS AND CONSULTANTS NEW BERN, NORTH CAROLINA vIg Name: CHERRY POINT Location: 034° 58'24.3" N 076° 49'32.2" W Date: 12116/2005 Caption: PROJECT SITE FOR Scale: 1 inch equals 1000 feet DAVID SAWYER OTHERS BENNETTE ROAD Copynght (C) 1997, Mapt©ch, Inc. pm @ LE 0 w F-r-mmj JAN 17 2006 DENR - WATER QUALITY WETLANDS AND STOR%VATER BRANCH s .5 INSET A A Scale • 1:24000 PAMLICO COUNTY, NORTH CAROLINA NO. 9 Action Id. 200411609 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit nmay constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Scott Jones at 252-975-1616 ext. 27. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is located adjacent to Oxendine Girt and the Neuse River. Corns Reeulatory Official (Initial): U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200411609 County: Pamlico U.S.G.S. Quad: Cherrv Point NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: David Sawyer c/o Mr. Joe Riddick Robert M. Chiles P. F. Address: Post Office Box 3496 New Bern. NC 28564-3496 Telephone No.: 252-637-4702 Size and location of property (waterbody, road name/number, town, etc.) An approximate 4.71 acre tract located at the terminus of Bennett Road off N. C. Hwv. 306 at the confluence of Oxendine Gut and the Neuse River in the Town of Nfinnesott Beach in Pamlico County, North Carolina. Indicate Which of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corp!;. Y There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more, timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. Y The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 7/29/2004. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastai Couniies subject to regulation under the Coastal Area ;ylanagcment Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Remarks: Lot includes approximately 425 feet of frontage along the Neuse River. Plat was prepared by Robert M. Chiles. P. F.. entitled "404 Wetland Delineation for David Sawver and Others." and dated 06-29-2004. Corps Regulatory Official: Date 07/29/2004 Expiration Date 07/29/2009 Page 1 of 2 J4N ` ar r 2006 %'ET1q?7?APb,D,^,tG 07-y i, . \ ? tia w: S tin low N h %! /f. I f ' ?! J ' ?& fJ'?t? l S? `I }mil t f f 15 is ? v y{ ? x 3 '. ZIP ?, T R t ? - . v ?? ? J r1? ? j• + tY '• A y' ?l?t ??hlf t t . y < ,t i J i ' ? yL f t#f"lif /t? f . Sir ' .f r ?' '' t ? e.'f t rvy1 4 1: •V , 1, k « 1 _ - Location1:? 034° 58'24.3" N 076° 49'32.2" W Name: CHERRY POINT Caption: PROJECT SITE Date. 12/16/2005 CaPtI Scale: 1 inch equals 1000 feet DAVID SAWYER OTHERS BENNETTE ROAD Copynght (C) 1997, Maptech, Inc. GL?l JAN 1 7 2006 DENR - WATER QUALITI (Joins sheet S) WETLANDS AND ST02)A VATER BRANCH :"+• ? ? x ti ?`r .. -t" ?r??J4?,??? t p '? ? ?S it.:t x ,? ra i??+ fSrST?k ! t x ? '/r t r 1. e . } r _'_"?a`f.i?'T"'? 4. r1 . ` "? a+,it,t ? t? ?'r?t ?, ii X x ?'J •?., `\? F v?I •.r ..h ? .. f.?,. 2t 4 _ .1 ti ; /"?! t 7, r 4trrs;? ,y}k f t ?? ^? t v .e(rd a' t c ?y w; : ?r 3 x •? 'Y"??t*br F- t ? ? :? -? x t 1. x O. •` fop &. { ?' ' } r ?J 2( ? y •x t?,» ? .. ? ? i ?r t +? i x _ ? ?? ?}? :? a rr, a tr, t P ,; ?yy ?? ,? ? J ? .? ?r r ? - f r ? ..-•1 5 W*? , calf ? ?? ? ? x ? Y ? ti? r? ?°. .; j r ? ! ,?'?)1 ??1y ? ? it. ? ?',7Jh r ? c... ;~ t HN f t t r -.?.? ''a•t'. R r r ! r ?' y(d f- ?Yf ?C'' ?.. ?'? r "r h l u : k ?? 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AA ettr xk ;r'?'? ;'' ?'or a .? F `+, .f ? .7Y't D,, t -* ? • yr i.? ,?+: ? =.' ? i?' ? F.M , r ? ~ ?? Jti' gB?. :-. '? 'S t'r x} 1 to yf' ?[c• p?i'." f: t y ii .: Y7? -ar P ? ? R}'B D ? +V ? ? ? z _7 ? r?'K.?7 ? ? Ib i K cr taw';; ?'? x. ? w ? •. ,r ??? #?i't?.? ti `,. ? ? z ? .'.` ' : rf ?? ?, t In ?:? ?".- 1'?t? R) • ... 4t ? y*(.-!y } i k" ? . *a' rtt! f' * ?.+,! ?gg •. l., yJ ti f? + 11?1/1 y ?.. r i °SF?,.?= y I My ?. !:- ?! 't?V ur . J '.x ?,?'? x ?6 i' • 1 A. A xl l.,tyiC, 1 t t?" 1? 1 x_; , •'r x ,; r,? • a Rti1µ:'? ? A ?- t (i? i ` a \ A, t# .????? '? Dg6 '4 1 4 4 y r J ? ) ? w .? ,i?r ? •1t. ?.. ? ?'? L q ?n? in+ ' f 11..`" ! f {7 z •tir .. ??'? 1 J ',??? a ??'; {..ABA iuQteY „ .? ,p.f ?• •'ar y" O `g? t C.f.. t' _ ^ p ?t. i:h f J'i r.q_ *tl t? •?. ?"`.'9 ?`R',S'?i. x.,1; .?C. +};% ?. . ? - ?r , ! }r+ x ' ??r r 4? S ~ ?? } r "Y"'`u N?.,??.. ? :? t f'X' a ? ?. ? a?i ?6 ???'5 f r I i i; 1 Ftr>s`-.' ?. ?i. "4? ''?• ?? .r, 4 a' ?Ua t : `? y? : r 4 r "t t Y}it?lS ^iA {alp, a r }?F f??yv? t` yt? ! InC3uSO t .. V f . ''! t? tf.F n1,•yf k ' Bgplc +?,1 0l K1 x {>e c 7k,h G tst , t Jfi?? to- "++s f ?'sutr ?u sr x - c ?? - t } r.l I r?,xa r k Y+ x} i l INSET A A 000 4000 3000 2000 1000 0 5000 0 1 2 Sci le - 1 24 000 PAMLICO COUNTY, NORTH CAROLINA NO. 9 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200411609 County: Pamlico U.S.G.S. Quad: Clierry Point NOTIFICATION OF JURISDICTIONAL, DETERMINATION Property Owner/Agent: David Sawyer c/o Mr..Toe Riddick Robert M. Chiles P. F. Address: Post Office Box 3496 New Bern. NC 28564-3496 Telephone No.: 252-637-4702 Size and location of property (waterbody, road name/number, town, etc.) An approximate 4 71 acre tract located at the terminus of Bennett Road off N. C. HNvv. 306 at the confluence of Oxendine Gut and the Neuse River in the Town of Minnesott Reach in Pamlico County, North Carolina. Indicate Which of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, thus survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 7/29/2004. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties Subject to regulation under the Coastal Area'Ylaiiagcrrent Act (CAiMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) SOS-2803 to determine their requirements. Remarks: Lot includes approximately 425 feet of frontage along the Neuse River. Plat was prepared by Robert M. Chiles. P. E.. entitled "404 Wetland Delineation for David Sawver and Others." and dated 06-29-2004. i Corps Regulatory Official: Dale 07/29/2004 Expiration Date 07/29/2009 _ p Page 1 of 2 AN .l 7 2000 irE1l q V?3? RiQ "qL/ ufCll Action Id. 200411609 Placement of dredged or till material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Scott Tones at 252-975-1616 ext. 27. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is located adjacent to Oxendine Gut and the Neuse River. Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 N(?'1 [?+1( A`l'Ct)N`<lC? 'AllMiNiS'1'itA"I'IVI: Ai'PEAL OFT-1 NS,AN1) I'IZ()('1 :?5' AND C21?(2lIES'1' FOR APPEAL Ivq- File Number: (l Date. i Applicant: See S ct' n below Attached is: B INITIAL PROFFERED PERMI'T' (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) C PERMIT DENIAL D APPROVED JURISDICTIONAL DETERMINATION E PRELIMINARY JURISDICTIONAL DETERMINATION _ SECTION .1 -_The'followii?g identities your rights and options regarding an admstrative appeal of the above .decision: Additional information may be fouiid at-http://usace-army.mil/i net/fu tions/cw/cecwo/reg or" renulations at 33 CFR Part 331. Corps A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. a OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the.permit in the future. Upon receipt.of your-letter; the district engineer will evaluate, your objections and.may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERIMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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. N "! 2 Arjj! THELBERT THOMAS JAMES. JR. >\ < i? S ??? N19SJB0• {y .f1 ?? ,'i I. MARY Bol'D YMORTON i Lll 32.70" L12 64.70" 7 45 45" N78'44'11'W 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT IDENTIFIES AS WATERS AND REGULATED PURSUANT 70 SECTION 404 OF THE CLEANDW ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE L16 36.cq" N4 55 54 r UNLESS THERE IS A CHANCE IN THE LAW OR OUR PUBU o REGULATIONS. THIS DETERMINATION MAY BE RELED ON F I PERIOD NOT TO EXCEED FIVE YEARS FROM THIS OATS. THIS DETERMINATION WAS MADE UTIUaNG THE 1987 CORPS C r- L - 22 ENGNEERS ' 0 DELINEATICN MANUAL' ??1Crt3C1'S U.S. ARMY RPS aF ENGINEERS REPRESENTATIVE TITLE f I ,-lJcY ?U=4 cITF DATA DATE 191183 So. FT. (4.71 t ACRES) o TOTAL SITE AREA .................................. 145160 S0. FT. (3 33t ACRES) UPLANO AREA ........................................ 404 WETLAND JURISDICTIONAL AREA .... 46023 So' Fr- WETLAND JURISDICTIONAL DELINEATIO DATE: 6-29-2004 FOR DAVID SAWYER AND OTHERS 2004046 MINNESOTT BEACH PROPERTY JOB NO.: BENNETTE ROAD ?^ .100' PAMLICO COUNTY SCALE: N i ?o 0 P 0 N 3 24 GRAPHIC SCALE SO too ROBERT M. CHILES, P.E. ENGINEERS AND CONSULTANTS NEW BERN, NORTH CAROLINA Creek &h Sawyer Pamlico County Action ID 200411609 34.974884 -76.825820 _r