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HomeMy WebLinkAbout20190117 Ver 1_401 Application_20190124ENGINEERS •SURVEYORS- PLANNERS (910) 455-2414 1 Fax (910) 455-3441 306 New Bridge Street I P.O. Box 976 Jacksonville, NC 28541-0976 Firm License Number F-0108 VIA EMAIL AND MAIL Mr. Ian McMillan NCDENR — Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. McMillan, Re: �T� January 14, 2019 Harvest Meadows Wetlands Permit Application AID# SAW -2018-02190 Onslow County, NC 20190117 We have received a Nationwide Permit for wetland impacts on the above -referenced project. Therefore, I am sending you the following for your review and approval. 1. One (1) Wetland Impact Maps (Sheets 1-2 of 2). 2. One (1) PCN form. 3. One (1) Nationwide permit 29 dated 11-26-18. 4. One (1) 8-1/2" x 11" colored portion of Jacksonville USGS Map. 5. Draft Restrictive Covenants with Wetlands language. 6. One (1) Check No. 001401 in the amount of $240.00 for Permit fee. If you have any questions or need any additional information, please let me know. Sincerely, PARKER & ASSOCIATES, INC. +14�1 /'r.f� Anthony G. Moctezuma, Staff Engineer Enclosures ec: Mr. Elijah Morton (Letter Only) CF (P) LAM, TMS AGM/djh Secretary.0 1.2019.AGM.Letter.GrantsCrkFarms. WetlandsPermitApp.010219 Civil Engineering I Stormwater and Environmental Consulting Feasibility and Development Planning 1 Land Surveying and Mapping 'i Subdivision and Construction Plans OF WATe9 OG 11M O < l Office Use Only Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form - Version 1.4 January 2009 Pre -Construction Hoff icafion (�1 4) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ® Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Harvest Meadows 2b. County: Onslow 2c. Nearest municipality / town: Jacksonville 2d. Subdivision name: Harvest Meadows 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Morton Investments, LLC; South State Development, LLC 3b. Deed Book and Page No. Deed Book 4314, 4354, 3299 Pages: 312, 292, 554 3c. Responsible Party (for LLC if applicable): South State Development, LLC 3d. Street address: 121 Garnet Lane 3e. City, state, zip: Jacksonville, NC 28546 3f. Telephone no.: 910-346-9068 3g. Fax no.: 910-346-1895 3h. Email address: elijahm@mortontrucking.com Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 41F. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Informatlon (if applicable) 5a. Name: Jason A. Houston, PE 5b. Business name (if applicable): Parker and Associates, Inc. 5c. Street address: 306 New Bridge Street 5d. City, state, zip: Jacksonville, NC 28540 5e. Telephone no.: 910-455-2414 5f. Fax no.: 910-455-3441 5g. Email address: office@parkedacksonville.com Page 2 of 10 Page 3 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1438802684380,438802670829,438802677480 1 b. Site coordinates (in decimal degrees): Latitude: 34.803269 Longitude: -77.380517 1c. Property size: 45.1 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Wolf Swamp 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: White Oak 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing Property Is formerly farmland with wetlands along the east and southem boundary fine. Adjacent Properties are residential lots and farmland. 3b. List the total estimated acreage of all existing wetlands on the property: 7.66 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. E=xplain the purpose of the proposed project: To create a new residential subdivision In the Jacksonville area. 3e. Describe the overall project in detail, including the type of equipment to be used: Project is for a 45 acre low density subdivision, slab on grade construction, with typical grading and road construction equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property project (includingall prior phases)in the past? ❑ Yes ® No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 Fc --proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 26. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWO (401, other) 2f. Area of impact (acres) W1 P1 Culvert Unknown Yes Corps 0.01 W2 T1 Culvert Unknown Yes Corps 0.01 W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.02 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary () 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 - Choose one S5 Choose one - S6 Choose one 3h. Total stream and tributary Impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. 5e. Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. is a dam high hazard permit required? ❑Yes E] No If yes, permit ID no: 51. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet 61 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. We will be expanding an existing road and culvert crossing instead of creating a brand new crossing. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Limit disturbance areas to minimal needed for equipment and installation. Work to be done in periods of dry weather work to be completed in minimal time necessary. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes © No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete If Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: Lefler sattached. 3c. Comments: 4. Complete If Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetlpnd mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Pian 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 24% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Pian, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Primarily uses curb outlet systems with treatment swales and vegetated conveyances. 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Jacksonville ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs USMP apply (check all that apply): H Water Supply Watershed ® Other: Coastal 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ®Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs applyH ORW (check all that apply): Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? © Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 11. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or theI El Yes © No use of public (federaVstate) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards, ❑ Yes ®No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? Cl Yes ®No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes © No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewer for the project will be collected with gravity sewer. Page 9of10 PCN Form — Version 1.4 January 2009 b. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ® No ❑ Impacts? 5c. If yes, Indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical Habitat? Critical Habitat Map Viewer from Arc:GIS 6. Essential Fish Habitat (Corps Requirement) 8a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes No tab. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NCAA South Atlantic Fishery Management Council Essential Fish Habitat Viewer 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation E] Yes ®No status e. National Historic Trust designation or properties significant In g• (, North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would Impact historic or atcheological resources? NC State Historic Preservation Office GIS Mapping Application 8, Flood Zone Designation (Corps Requirement) Be. Oil this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yea, explain how project meets FEMA requirements: All buildings to be built above good stage as required by the building code and Pander County Planning Department. Sc. What source(s) did you use to make the floodplain determination? FEMA Webslte Elijah T. Morton Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agents signature Is valid only If an authorization letter from the applicant isprovided.) Page 10 of 10 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2018-02190 County: Onslow U.S.G.S. Quad: NC -Jacksonville North GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Morton Investments, LLC Agent: Parker and Associates, Inc. South State Development LLC Jason Houston C/o Elijah Morton 306 New Bridge Street 121 Garnet Lane Jacksonville, NC 28540 Jacksonville, NC 28546 Size (acres) 45.1 Nearest Town Jacksonville Nearest Waterway Wolf Swamp River Basin White Oak USGS HUC 03020302 Coordinates Latitude: 34.803269 Longitude: -77.380517 Location description: Property is located east of Drummer Kellum Road in Jacksonville, Onslow County, North Carolina. Property is located approximately 0 58 miles south of the intersection of Ramsey Road and Drummer Kellum Road. Property is mostly cleared agricultural field with residential development to the south, west and north. Property is bordered by Wolf Swamp to the east and north. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.01 acre of stream for the improvement of an existing road crossing for the Harvest Meadows development. Temporary impacts include 0.01 acre of stream impacts. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide/General Permit Number: Permit Number: 29 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 11/26/2018, and the enclosed plans Wetlands Impact Map 1-2 dated 11/26/2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Rachel Canito at (910)-251-4487 or Rachel.A.Capitola.usace.armv.mil. CAPFTO.RACHELANN.1536276 Corps Regulatory Official: 790" Date: 12/28/2018 Expiration Date of Verification: 3/18/2022 SAW -2018-00590 Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in 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. C. ❑ There are waters, within the above described project area that are 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Date. Action ID: AID. Basis For Determination: See the preliminary jurisdictional determination form dated 12/28/2018. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** CAPITO.RACHEL.ANN.153627' --' a;M"" °m„""°,-- '; Corps Regulatory Official: 6790 Rachel Canito Date of JD: 12/28/2018 Expiration Date of JD: N/A SPECIAL CONDITIONS 1. Notification shall be made to property owner informing them of the presence of Waters of the US on the lot. Any impact to onsite wetlandstwaters will require authorization from the Wilmington District Corps of F-ngineers Regulatory Division. 2. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Action ID Number: SAW -2018-02190 County: Onslow Permittee: Morton Investments, LLC South State Development, LLC, Eliiah Morton Project Name: Harvest Meadows Date Verification Issued: 12/28/2018 Project Manager: Rachel Capito Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Rachel Capito Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation Was completed in accordance with the permit conditions. Signature of Permittee Date CESAW — RG (File Number, SAW- 2018-02190) WN ATNIM57WTIT"FIVEM Applicant: Morton Investments, LLC South StateFile Number: SAW -2018-02190 Date: 12/Zsn018 Develo meat LLC Eliiah Morton Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C Ell APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usEe,army.mil/Missions/CivilWorks/Regulato ProgramandPennits.as_px or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: Yoµ 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. • 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: 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. CESAW — RG (File Number, SAW- 2018-02190) 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 district 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. SECTION 11-" VEST FOR APPEAL or OBJECTIONS TO AN PRO);'FERED PERivIiT , REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. WN If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room l OM 15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportLamni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: PM Name, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 CESAW — RG (File Number, SAW- 2018-02190) PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/28/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Morton Investments, LLC,; South State Development,LLC, C/o, Elijah Morton, 121 Garnet Lane, Jacksonville, NC, 28546 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Harvest Meadows, SAW - 2018 -00590 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Location Description (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Onslow City: Jacksonville Center coordinates of site (lat/long in degree decimal format): Latitude: 34.803269 Longitude: -77.380517 Universal Transverse Mercator: Name of nearest waterbody: Waterway E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 12/28/2018 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site i.atitude (decimal Longitude stimated amount Type of aquatic Geographic authority to umber egrees) (decimal degrees) f aquatic resources resources (i.e., which the aquatic resource n review area wetland vs. non- may be" subject (i.e., acreage and linear wetland waters) Section 404 or Section eet, if applicable 10/404) S1 34.80245 -77.38017 490 linear feet Non -wetland Section 404 waters S2 34.801984 -77.378621 1,264.8 linear feet Non -wetland Section 404 waters S3 34.80492 -77.37718 1,895.3 linear feet Non -wetland Section 404 waters W 34.80451 -77.3766 6 acres Wetland Section 404 CESAW — RG (File Number, SAW- 2018-02190) 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "maybe" waters of the U.S. and/or that there "maybe" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: CESAW — RG (File Number, SAW- 2018-02190) SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. CAPITOAACHEL.ANN.; 1536276790« Signature and date of Regulatory PJD Signature and date of person requesting Staff member completing PJD (REQUIRED, unless obtaining the signature is Impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.