Loading...
HomeMy WebLinkAbout20071613 Ver 2_PCN Form Submission_20190809DWR IDIOM n of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 tial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Oiange only if needed. BIMS # Assigned 20191074 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Robb Mairs:eads\rlmairs2 Information for Initial Review 1a. Name of project: Lot 7 Tommie Little Division 1a. Who is the Primary Contact?* Gene Young, RENS 1b. Primary Contact Email:* gene@armnc.com Date Submitted 8/9/2019 Nearest Body of Water Nixon Creek Basin White Oak Water Classification SA; HOW Version# * 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)617-4914 Site Coordinates Latitude: Longitude: 34.393327 -77.630887 FA. Processing Information u County (or Counties) where the project is located: Fender Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) f- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? rJ Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: r Yes r^ No For the record only for Corps Permit: r- Yes r No 1f. Is this an after -the -fact permit application?* r- Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r- No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r- Yes r No r Unknown 1j. Is the project located in a designated trout watershed? C Yes r No F. Applicant Information 1d. Who is applying for the permit? r- Owner V Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Duncan Porter 2b. Deed book and page no.: 2089/200 2c. Responsible party: 2d. Address Street Address 3223 Mountainbrook RD Address Line 2 City State / Frovinre / R�gicn Charlotte NC Postal / Zip Aide Q�untry 28210 Mecklenburg 2e. Telephone Number: 2f. Fax Number: (704)776-1749 2g. Email Address:* cporter@harborcapitalmngmt.com 3. Applicant Information (if different from owner) 3a. Name: Gene Young, REHS 3b. Business Name: Applied Resource Management 3c. Address Street Address 257 Transfer Station Road Address Line 2 City Hampstead Fbstal / Zip Code 28443 3d. Telephone Number: (910)617-4914 3f. Email Address:* gene@armnc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) Tommie Little Division 1c. Nearest municipality/town: Hampstead 2. Project Identification 2a. Property Identification Number: 4213-36-0925-0000 2c. Project Address Street Address W. Windward Landing Place Address Line 2 City Hampstead Fbstal / Zip Code 28443 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Nixon Creek 3b. Water Resources Classification of nearest receiving water:* SA; HOW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12 -digit HUC in which the project is located. 030203020403 4. Project Description and History State / Rovince / Fbgim NC Country Pender 3e. Fax Number: (910)270-2988 2b. Property size: 1.48 State / Ravine / fbgion NC Country Pender 4a. 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 property is currently undeveloped. The site is located in an emsting subdivision. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* F Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). USACE Action ID: 2007 2598, DWR Project # 071613 Project History Upload previous authorizations.pdf 216.27KB 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) FIGURE 1.pdf 7.1 MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 4f. List the total estimated acreage of all existing wetlands on the property: 0.67 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The purpose is to construct a driveway to access an area of uplands on which to build a home. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will consist of installing a driveway to reach an upland area towards the rear of the property where a single family residence is to be constructed. The wetland area extends the entire width of the property which makes a minimal impact necessary. The proposed impact is to be approAmately 15 feet in width and approximately 220 feet length. The driveway is to be stabilized with a retaining wall in order to keep the impact minimal. It is proposed to install sufficient culverts under the driveway to allowfor flowof surface water. Typical construction equipment such as dump trucks, backhoes, excavators, etc. is to be used. 4j. Please upload project drawings for the proposed project. Cross section Figure 4.pdf 37.62KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* C Yes r No O Unknown Comments: the wetlands were originally delineated in 2003 and verified by Lillette Granada. A subsequent delineation has not been done 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: unknown 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Lillette Granade Agency/Consultant Company: USACE Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 1/24/03 5d1. Jurisdictional determination upload Signed Wetland Map.pdf 2.01 MB 6. Future Project Plans 6a. Is this a phased project?* r^ Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers F Open Waters r Pond Construction 2. Wetland Impacts !a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* crossing JP Floodplain Pool unknown Yes Corps 0.076 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.076 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.076 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The crossing is to be placed at the closest point between wetland edges to keep the impact as small as possible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The impact is to be stabilized with retaining walls in order to keep the impact as small as possible. All construction is to be completed from the upland area moving forward into the wetland. Silt fence is to be used in order to keep incidental fill out of the wetland area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? f Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The impact is below 0.1 acres F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: not in one of the riparian buffer areas 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r^ Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15ANCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15ANCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r^ Yes r No 3b. If you answered "no," provide a short narrative description. this is the only proposed impact on this property. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* r Yes r No r N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* f Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r^ Yes r No 5d. Is another Federal agency involved?* r^ Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r^ Yes r No C' Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage website Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The impact area is not an aquatic site. 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NCHPOWeb 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r- No 8b. If yes, explain how project meets FEMA requirements: The house will be constructed to meet all requirements 8c. What source(s) did you use to make the floodplain determination?* Pender County GIS Tax Map Miscellaneous Comments Attached is an aerial photograph with the Fender County Tax map. Miscellaneous attachments not previously requested. FIGURE 2.pdf 1.32MB Signature * W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: H. Gene Young Signature 11. 4eae young DENS Date 8/9/2019 Date:Au z/ ' zoi Q To Whom It May Concern: RE: Agent and Access Authorization Letter I authorize Gene Young or any employee of Applied Resource Management, PC to act as an agent on my behalf in all matters dealing with wetland Jurisdictional Determinations, reviews or permitting. I furthermore authorize the US Army Corps of Engineers and/or the North Carolina Division of Water Resources representative(s) to access my property as part of this process. Sincerely, g. --c Printed Name: .00,Jc-O Property Address: Lam I/ ;t C. Ao'? ;v'L- C/66- 2 /66 26YY3 y2/3'3�i-Uy2S-6vJv 3 x/21 /"l i4 �aiJo jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION' 4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. N,,✓UGAeIi Cts /,9>/1&yL Print Name Capacity: ® Owner ❑Authorized Agents /t1g �i Zv r' E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a projector perform activities on this parcel which may require a thorization from the Corps, and the JD would be used to avoid and minimize impa to jurisdictional aquatic resources and as an initial step in a future permitting pro ess. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. HA Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. Fj I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 SCALE:JOB:DATE:DRAWN BY: TITLE:FIGURE: EFC1’ = 1,000’ USGS Topographic Map With GPS Coordinates 107048 Note: Adapted from USGS Topographic “Sloop Point, NC” Quadrangle,1970. 7/30/07 Contour Intervals = 5 Feet Mi d d l e Po i n t Ro a d GPS Coordinates (NAD27): UTM 18 258104E 3808624N Tommie Little Division Tract 7 Hampstead, NC 28443Hampstead, NC 28443 Applied Resource Management, P. C. Applied Resource Management, P. C. SCALE:JOB:DATE:DRAWN BY: TITLE:FIGURE: EFC/GY1” = 200’ Pender County Tax Map And Aerial Photogra ph 207048 Note: Adapted from Pender County GIS website. 6/4/19 SITE SITE Hampstead, NC 28443Hampstead, NC 28443 Applied Resource Management, P. C. Applied Resource Management, P. C. Ditch 11’ 10’ 9’ 8’ 7’ 6’ 5’ 4’ 3’ 2’ 1’ 2-24” Culvert Pipe Buried 6” 0 60’ 120’ 180 240’ 300’ 360’ 420 To Atlantic ICWW To W. Windward Landing Place Proposed House Site Location Permitted Septic Area 131’4 8 8 ’’005’331Uplands 404 Wetlands (0.667 acres) Marsh 404 Wetland Li ne223.5’’5.122’5’ 1 DrivewayeniL sdnalteW 404 Parking ’41’31’12’1110’9’8’7’6’5’’5’67’7’’65’4’W. Windward Landing PlaceWetland Boundary Wetland Boundary Wetland Fill Area SCALE:JOB:DATE:DRAWN BY: TITLE:FIGURE: EFC/GYHorizontal: 1’=60’ Vertical: 1”=10’ Site Plan With Aerial And Cross Sectional View Tommie Little Division Tract 7 (Middle Point) 4070489/14/07 8/9/19Dit c h0’ NOTES: 1. Site plan adapted from drawings prepared by Stroud Engineering and Southwind Surveying. 2. Actual crossing specification will need to be verified and designed by a certified crossing contractor or may be required to be engineered designed based on the actual product chosen to be installed. Impact Area (0.0768 acres)15’Proposed House Site Permitted Septic Area And Repair Area eniL dnalteW latsaoC eniL dnalteW 404 Hampstead, NC 28443Hampstead, NC 28443 Applied Resource Management, P. C. Applied Resource Management, P. C. Copy of Original Signed Wetland Map Prepared By Stroud Engineering. North Beverly Eaves Perdue Governor Duncan and Allison Porter 4709 Morrowick Road Charlotte, NC 28226 , Subject Property: Dear Mr. and Mrs. Porter: ME, ENR Carolina Department of Environment and Division of Water Quality Coleen H. Sullins Director March 8, 2010 Natural Resources Dee Freeman Secretary Pender County DWQ Project #: 071613 ext Tract 7 Tommie Little Division 401 Permit Extension NO WRITTEN CONCURRENCE NEEDED You have our approval, in accordance with the attached conditions; to impact 0.0768 acres of wetlands to construct a driveway to access a proposed single-family house on the subject property as described in your application dated September 17, 2007 and requested extension. After reviewing your request, we have decided this fill is below the threshold for.written authorization,as long as all conditions of General Water Quality Certification Number 3705 are met This certification may also be viewed on our website at „ http://h2o.enr.state.nc.ns/newetlands.. This Certification allows you to use the Nationwide 18 Permit-Whenissued by the US Army Corps pf Engineers, This approval is only valid 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below, Conditions of Certification: The 15' wide corridor for the driveway must be fenced (with silt fencing) so that additional wetlands will not be impacted. 2. Deed notifications or similar mechanisms (restrictive covenants as required by the Corps) 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.ne.us/newetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. A recorded copy of the deed notifications must be submitted to i.this Office and to the 401 Oversight and Express Unit in Raleigh before the impacts to wetlands approved by this Certification can take place. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 One 1' Phone: 910-796-7215 / FAX: 910-350-2004 NO Carolina v. i Internet: ww.ncwateraualitv.ora t`s[Z+�%/� An Equal Opportunity/AMrmative Action Employer Customer Service 1-8777-623`-61748 50% Recycled/ 10% Post Consumer Paper Page Two Duncan and Allison Porter DWQ Project #: 071613 Ext March 8, 2010 3. Placement of culverts and other structures in'water s; streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ 4." Upon completion of the project, the applicant shall complete and return theenclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible patty shall complete the attached form and return it to the 4.01/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions and the General Certifications are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do not accept any of the c6ndittons of this cdrtiflcatiori, you may ask for ad adludicatory'heanrig; ,You must act within 60 days of the date that you receive this letter. '>To ask'for 6:lie' aring, send aivritten petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrativelhlearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 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 Ian McMillan at 919-715-1786 or Joanne Steenhuis at our Wilmington Regional Office at (9I0) 796-7215. Sincerely, n: oanne Steenhuis Senior Environmental Specialist Enclosures GC 3705 Certification of Completion cc: Ellen Comette — Applied Resource Management, PC Ian McMillan - DWQ 401 Oversight Unit Crystal Amschler - Corps of Engineers Wilmington WiRO U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2007 2598 County: Ponder USGS Quad: Sloop Point GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Duncan & Allison Porter Agent: Applied Resource Management, P.C. Address: 14657 East Yellow Sage Lane attu: Ellen Cornette Vail, AZ 85641 P.O. Bog 882 Hampstead, NC 28443 Telephone No.: 858-777-4460 910-270-2919 Size and location of property (water body, road name/number, town, etc.): The 1.48 acre tract (Tommie Little Division Tract 7) is located within Middle Point Subdivision accessed off Sloop Point Loop Road just north of Wilmington adjacent to an unnamed tributary of the Intracoastal Waterway Ponder County. Description of projects area and activity: The project involves the impact to 0.0768 acres of non tidal wetlands for the construction of an access for a single family residence. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: _ Nationwide Permit Number: NW -18 See attached nationwide conditions. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application dated 9/17/2007 along with Figure 5 drawing dated 10/29/2007, revised December 11, 2007 and received via email on December 11, 2007. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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. A 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 Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management 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 Brad Shaver at 910-2514611. Corps Regulatory Official IIIZ f Date: 12/11/2007 Expiration Date of Verification: 12/11/2009 Page 1 of 2 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ 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 and Section 404 of the Clean Water Act. 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 waters of the US and/or wetlands within the above described project area 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. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 1/24/2003. Originally signed by Lillette Granade. Basis of Jurisdictional Determination: The subiect area exhibits wetland criteria as described in the 1987 Corps Delineation Corps Regulatory Official: Date 12/11/2007. Copy Furnished: NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Extension Wilmington, NC 28405 Page 2 of 2 Action ID Nnmber:2007 2598 County:Pender Permittee: Duncan and Allison Porter Date Permit Issued: 12/11/2007 Project Manager: Shaver 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 WILMINGTON DISTRICT Wilmington REGULATORY FIELD OFFICE P.O. Bos 1890 Wilmington, NC 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. 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