Loading...
HomeMy WebLinkAbout20191119 Ver 1_PCN Form Submission_20190821DWR IDIOM n of Water Resources 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1b. Primary Contact Email:* 1c. Primary Contact Phone:* kWIliams@lmgroup.net (910)452-0001 Date Submitted 8/21/2019 Nearest Body of Water UT of Goose Bay Basin White Oak Water Classification SA; ORW Site Coordinates Latitude: Longitude: 34.528245 -77.443101 FA. Processing Information U County (or Counties) where the project is located: Onslow 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) r 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) 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 Change mly if needed. BIMS # Assigned * Version#* 20191119 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Wilmington Regional Office - (910) 796-7215 Robb Mairs:eads\rlmairs2 Information for Initial Review 1a. Name of project: Aaronfield at Old Folkstone 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1b. Primary Contact Email:* 1c. Primary Contact Phone:* kWIliams@lmgroup.net (910)452-0001 Date Submitted 8/21/2019 Nearest Body of Water UT of Goose Bay Basin White Oak Water Classification SA; ORW Site Coordinates Latitude: Longitude: 34.528245 -77.443101 FA. Processing Information U County (or Counties) where the project is located: Onslow 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) r 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: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: ,R 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments 18 - Minor Discharges 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* f 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? f 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)? f Yes r No 1j. Is the project located in a designated trout watershed? C Yes r No F. Applicant Information 1d. Who is applying forthe permit? r Owner W Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? f Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Aaronfield at Old Folkstone LLC 2b. Deed book and page no.: 2c. Responsible party: 2d. Address Street Address Post Office Box 787 Address Line 2 City Arnold Postal / Zip Cade 21012 2e. Telephone Number: (336)813-3697 2g. Email Address:* notknown@)OOX)= r Unknown State / Rwime / fegim MD Country USA 2f. Fax Number: r Yes r^ No rYes rNo 3. Applicant Information (if different from owner) 3a. Name: Stephen D. Brock 3b. Business Name: 3c.Address Street Address PO Box 395 Address Line 2 C1ty Jamestown Postal / Zip Code 27202 3d. Telephone Number: (336)813-3697 3f. Email Address:* stephen@brockvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: North Topsail Beach 2. Project ed Identification 2a. Property Identification Number: 064919 2c. Project Address Street Address 905 Old Folkstone Road Address Line 2 City Sneads Ferry Postal / Zip Cade 28460 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT of Goose Bay 3b. Water Resources Classification of nearest receiving water:* SA; ORW 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. 030203020301 4. Project Description and History State / Rovince / f�egion NC Country USA 3e. Fax Number: 2b. Property size: 8 State / Rovince / fiagion NC Country USA 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 site is currently undeveloped and mostly forested. Some cleared and grassed areas exist in the southern portion of the tract, close to Old Folkstone Road. A stream runs along the western project boundary and a jurisdictional channel runs through the southern portion of the property and flows into the stream. Some wetlands are located along the channel and in the central and northern part of the site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes 6 No r Unknown 4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Fig2_Topo Map.pdf 2.45MB 4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Fig3_Soils Map.pdf 3.14MB 4f. List the total estimated acreage of all existing wetlands on the property: - 3.5 acres 4g. List the total estimated linear feet of all existing streams on the property: -1,200 LF 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct an affordable multi -family residential development within the site to serve this portion of Onslow County. Impacts are needed for site access and stormwater outfalls. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* This project includes the construction of 80 multi -family units within three buildings, a clubhouse, playground, picnic shelter, parking, access ways, stormwater facilities and utilities. The site will be cleared and graded. Stormwater facilities will be installed and roads/utilities will be constructed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 4j. Please upload project drawings for the proposed project. AARONFIELD IMPACT EXHIBITS 7-16-19.pdf 897.39KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 4 Unknown Comments: 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: SAW -2009-01655 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Haywood Pittman Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Rachel Capito of the USACE issued the Jurisdictional Determination on 1/10/19. 5d1. Jurisdictional determination upload SAW-2009-01655_Old Folkstone.pdf 1.13MB SAW-2009-01655_Signed Survey.pdf 1.76MB 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? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers W Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) �2�e of W. * 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* V1 Road Crossing JP Non-Riverine Swamp Forest WA Yes Both 0.003 (acres) 2g. Total Temporary Wetland Impact 29. Total Permanent Wetland Impact 0.000 0.003 2g. Total Wetland Impact 0.003 2h. Comments: 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* �� Stormwater Outfall Permanent Ri Ra Fill �NIA Intermittent Both 5 18 S1 p p Average (feet) (linearfeet) 82 Stormwater Outfall Permanent Rip Rap Fill WA ff�] Both 5 12 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 30 3i. Total stream and ditch impacts: 30 3j. Comments: 4. Open Water Impacts 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.01 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Wate rbody type 4f. Impact area 01 Road Crossing P WA Culvert s Ditch 0.01 4g. Total permanent open water impacts: 0.01 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts were minimized as much as possible during the site design. The applicant worked with NCDOT to move the turn into the parking lot closer to Old Folkstone Road than typically allowed in order to avoid the wetlands in this area. Additionally, the road was positioned to cross the jurisdictional channel at the existing crossing to minimize impacts to this feature. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The applicant will obtain a Sedimentation and Erosion Control Plan prior to construction to ensure that sediment is contained on site during development. 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? C' Yes 6 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Total impacts are less than 0.1 acre of jurisdictional area. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diff use 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? !' Yes 6 No If no, explain why: Site is located within the White Oak River Basin 2. Stormwater Management Plan u 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 30 3i. Total stream and ditch impacts: 30 3j. Comments: 4. Open Water Impacts 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.01 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Wate rbody type 4f. Impact area 01 Road Crossing P WA Culvert s Ditch 0.01 4g. Total permanent open water impacts: 0.01 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts were minimized as much as possible during the site design. The applicant worked with NCDOT to move the turn into the parking lot closer to Old Folkstone Road than typically allowed in order to avoid the wetlands in this area. Additionally, the road was positioned to cross the jurisdictional channel at the existing crossing to minimize impacts to this feature. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The applicant will obtain a Sedimentation and Erosion Control Plan prior to construction to ensure that sediment is contained on site during development. 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? C' Yes 6 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Total impacts are less than 0.1 acre of jurisdictional area. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diff use 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? !' Yes 6 No If no, explain why: Site is located within the White Oak River Basin 2. Stormwater Management Plan u 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 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r' Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r- Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: State Stormwater Plans have been submitted (SW8 190608) 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?* C Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 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. Project will not provide access or utilities to adjacent sites. No additional wetland or stream impacts are anticipated for the project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r- No r N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project will tie to the Pluris sewer system. ONWASA Will be the water provider. 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? r 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 r Unknown 5e. Is this a DOT project located within Division's 1-8? r^ Yes r No 5f. Will you cut anytrees 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 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.? C Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was used to determine the presence of federally -listed species. No federally -listed species are known to occur within the site. The American alligator is known to occur within one mile of the site, likely within Mill Creek, which is located one mile east of the project area. The stream along the western project boundary is ephemeral and not large enough to provide suitable habitat for the alligator. Forested uplands within the site may support appropriate roosting habitat for the northern long-eared bat. Since no hibernacula or roosting trees are known to occur in close proximity to the site, any effect to the species from tree clearing would be exempt per the 4(d) rule. 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 NOAA EFH Mapper database was reviewed. 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?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 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 8c. What source(s) did you use to make the floodplain determination?* The FEMA Flood Map Service Website was reviewed. Miscellaneous Comments Miscellaneous attachments not previously requested. Fig1_Vicinity.pdf 3.26MB Signature u 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: Kimberlee C Williams Signature Date 8/21/2019 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Aaronfield at Old Folkstone project located in Onslow County, NC. All questions in regards to this project should be directed to Land Management Group. Sincerely, t Applicant - -4 1 - � �- Print Name — lvZy I Date Esri, HERE, Garmin, (c) OpenStreetMap contributors Aaronfield at Old FolkstoneOnslow County, NC LMG18.427 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001 Figure 2Topographic Map Ma p Sou rce : Sneads Fe rry Topo graphic Q uadran gleL:\WETLANDS\2 018 WETLANDS FILES\LMG 18.427 --- Aaronfield a t Old Folkstone, Ma tt Ra ab\Ma ps¯*Bounda ries are a pproximate.0 800 1,6 00400Feet Ly Ra On On On Ba BEsri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri,DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AeroGR ID, IGN, and the GIS User Community Aaronfield at Old FolkstoneOnslow County, NC LMG18.427 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001 Figure 3Soils Map Ma p Sou rce : Onslow County Soil Su rve y G IS LayerL:\WETLANDS\2 018 WETLANDS FILES\LMG 18.427 --- Aaronfield a t Old Folkstone, Ma tt Ra ab\Ma ps¯*Bounda ries are a pproximate.0 300 600150Feet Wetland Impact #1: 0.003 ac (118 SF) Rip Rap Apron Open Water Impact #1: 0.01 AC Culvert/Rip Rap Apron Stream Impact #S1: 18 LF Stormwater Outfall Stream Impact #S2: 12 LF Stormwater Outfall Wetlands Wetlands Open Water Impact #1: 0.01 AC Culvert/Rip Rap Apron Wetland Impact #1: 0.003 ac (118 SF) Rip Rap Apron Stream Impact #S1: 18 LF Stormwater Outfall Stream Impact #S2: 12 LF Stormwater Outfall US-17&17O l d F o l k st o n e R d C ape LnNC-172Tar Landing RdNC-210S n e a d s F e r r y R d S R #2 3 3 4 Island DrFolkstone Rd H o lly R id g e R d Turkey Point RdChadwick Acres RdWinery RdNew River Inlet RdH a r d i s o n R d SR#1568Zion LnCountry Club Rd S P arker R dRange RdHill LnB r a d s h a w R d SR#1675Bill C an a dy R dFulchers Landing RdOwens DrSR#1535 Beth LnKathy StBetty Dixon RdSeascape DrShellbank D rS R #1 5 1 9Oak LnVillage DrN o rth S h o re D rRoadrunner LnFireflite LnAbbey LnCrows Nest LnDavis Ln Longboat LnNC-172N C -1 7 2 NC-210Wi ner y RdNC-210N C -1 7 2 N C - 2 1 0 Esri, HERE, Garmin, © OpenStreetMap contributors, (c) OpenStreetMap andcontributors, Creative Commons-Share Alike License (CC-BY-SA) Aaronfield at Old FolkstoneOnslow County, NC Map Date: 12-17-18LMG18.427 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001 Figure 1Vicinity Map Map Source: GIS Open Street Map LayerL:\WETLANDS\2018 WETLANDS FILES\LMG18.427 --- Aaronfield at Old Folkstone, Matt Raab\Maps 0 5,400 10,8002,700 Feet¯ Site *Boundaries are approximate. Text LINE BEARING DISTANCE Ll N 28'54'05' W 1.11' L2 S 34.39'49' E 43.84' L3 S 5512'58' E 30.34' L4 N 19'59'03' E 5.47' L5 N 65'47'45' W 20.34' L6 N 52'07'12' W 24.15' L7 S 20'34'52' W 26.37' L8 N 24'48'54' E 27.72' L9 N 12'46'03' W 43.82' LIO S 25'04'2Q' W 22.65' Lll N 74'15'01' W 15.34' L12 N 16'05'03' W 22.93' L13 S 16'02'35' E 35.99' L14 S 01'3233' W 27.92' L15 N 38'28'09' W 43.00' L16S I S 42'43'17' E 36.84' L17 S 413930' E 34.40' LIS I N 45'44'53' W 8.41' L19 N 40'42'42' W 15.78' L20 N 40'42'42' W 23.78' L21 N 50'29'20' W 25.55' L22 N 64'26'42' W 31.43' L23 N 72'52'06' W 38.89' L24 N 64.56'42' W 22.94' L25 S 51'57'50' E 5.19' L26 S 45'00'47' E 35,24' L27 S 27-23'017-E L78 18.72' L28 N 08'11'52' W 33.24' L29 S 07'17'36' W 35.79' L30 S 07059'35' W 37.66' L31 S 05'56'18' E 40.02' L32 S 21'31'36'E L83 33.57' L33 S 39'45'09' E 26.24' L34 S 54'37'13' E 55.24' L35 N 51'53'33' W 26.38' L36S W 67'36'23' E 39.12' L37 S 53'23'06' E 41.26' L38 I S 29'39'10' E 44.05' L39 N 27'08'01' W 44.26' L40 S 34'20'15' E 39.05' L41S E 76'29 59' E 38.38' L42 N 79'33'56' E 46.74' L43 I S 88'42'01' W 24.34' L44N N 70'38'117 W 43.25' L45 S 63'26'14' E 31.85' L46 I S 41'03'35' E 29.43' L47 I S 29'36'36' E 54.61' L411 S 45'22'51' E 46.98' L49 S 40'14'06' E 1 41.84' L50 S 29'25'19' E 1 45.90' LINE BEARING DISTANCE L51 S 24'12'04' E 39.14' L52 S 48'17'57' E 39.09' L53 S 51'54'22' E 49.62' L54 S 50'21'02' E 34.47' L55 S 43'45'49' E 48.94' L56 S 38'22'16' E 45.75' L57 S 41'33'27' E 96.92' L58 S 39'33'53' E 42.57' L59 S 38'47'21' E 42.57' L60 S 48'11'38' E 70.45' L61 N 56'31'47' W 65.06' L62 N 53441'38' W 29.61' L63 S 56'17'46' E 63.46' L64 S 39'16'34' E 59.91' L65 S 27'50'09' E 58.82' L66 S16*15'51' E I S 66.05' L67 S 49'09'35' E 55.06' L68 S 48'57'53' E 63.17' L69 S 21041'28' W 37.54' L70 S 32457'34' W 39.98' L71 N 70'08'25' E 36.33' L72 N 60'04'09' W 70.98' L73 N 49'31'29' W 34.72' L74 N 65'52'34' W 27.10' L75 S 88'36'37' W 32.73' L76 S 83'44'01' W 53.79' L77 S 65'57'11' W 39.19' L78 N 83'06'00' W 47,I6' L79 N 33'27'32' W 32.85' L80 S 82'09'47' W 29.93' L81 S 65'29'30' W 50.67' L82 N 68'56'17'W S 37.53' L83 N 09'30'20' W 28.25' L84 N 12'23'17' W 36.12' L85 N 39'21'06' E 40.45' L86 S 75'54'20' W 56.77' L87 S 76'11'25' W41.62' 05'36107' L88 N 88'47'46' E 49.90' L89 S 62'22'11' W 46.57' L90 S 82'02'07' W 36,80' L91 N 71'17'47' E 14.51' L92 N 77'57'20' E 39.66' L93 S 73'40'19' W 26.57' L94 N 60'22'10' E 35.98' L95 S 87'43'43' W 30.99' L96 S 87'41'11' W 40.22' L97 N 41'25'27' E 34,05' L98 N 54'03'12' W 31.92' L99 S 51448'15' E 24.43' L100 S 45'56'49' W 30.05' LINE BEARING DISTANCE L101 S 27'28'27' W 41.91' LI02 S 62'06'05' W 42.62' L103 I S 84'22'12' W 34.09' L104 S 84'50'34' W 59.91' L105 i S 73'59'08' W 41.53' L106 I N 57'08'05' E 24.30' L109 N 18'04'22' W 60.48' L110 N 04'55'02' E 36.70' Llll N 15'24'09' E 33.70' L112 N 43'19'34' E 33.54' L113 N 37'05'11' E 34.25' L114 S 38'15'33' W 26.89' L115 N 38'37'26' E 37b6' L116 N 2852'56' W 37.80' L117 I N 53'06'57' W 31.04' L118 I S 74'05'40' W 36.31' L119 S 86'12'06'7W 53.29' L120 S 89'54'37' W 42.04' L121 N 42'38'06' W 38.64' L122 N 2717'46' E 22.74' L123 N 69'54'36' E 37.88' L124 N 67'32'20' E 37.22' L125 S 55'13'55' W 44.07' L126 N 65'48'09' E 52.33' L127 N 89'00'58' W 37.96' L128 N 78059'06' W 25.02' L129 N 68'08'50' E 24.34' L130 N 30'11'06' W 50.59' L131 S 21'06'25' E 39.43' L132 S 77'40'00' W 29.99' L133 S 70'05'35' W 27.89' L134 S 11'16'34 W 45.12' L135 S 05'06'01' W 39.03' L136 S 01'02'24' E 38.09' L137 N 23'17'40' W 43.04' L138 N 19447'26' W 32.45' L139 S 05'36107' E 43.14' L140 N 32'08'28' E 54.95' L141 S 40'35'21' W 55.13' L142 S 43'02'59' W 33.64' L143 S 38'19'39' W 27.37' L144 S 03'55'15' E 47.68' L145 S 19'12'58' E I 12.80' NOf TH PER D.B.4518, P.582-587 1, JOHN L PIERCE. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY (SUPERVISION FROM AN ACTUAL SUR'rEY UNDER SUPERVISION (DEED }EAT TON BOUNDARIES IN (0 SURVEYED FR ETC -) INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK C/L PAS "� ' THAT THE RATIO OF PRECISION AS CALCULATED IS G,SS,44� AS AMENDED. THAT THIS P WITNESS MyLAT WAS ORIGINAL SNNATUACCORDARECE '1M�TH ',. s.,Ti:F!": GGI,�.tt LICENSURE NUMBER AND SEAL THIS21 DAY OF 3/TO^y"' . ZOI S+ a j� A,,Y i C. y SEAL OR STAMP SURVF''0R . - b ro•' 30 L10EN611RE NUMBER •Ae��9641 ATl9' i 50 \.t 7 � M J J J N l 18 ?�, C35 ^ V� J M S7A758'$ W ry C34 D\4 �7 10 c33 L51 C/L DITCH C31 c30 �g55 i ,!w6 S C29 3 .LAT C/L DITCH v �N xC23 TOTAL AREA 828,869.91 SQ.FT. C22 19.03 ACRES -C/L DITCH \T rS. \�B AREA R 15? rl bGs _A G4 j 158.30• � 4i �1tA E 5.18' AXE DITCH an �o041 C40 V�p O. A N w L134 1136 L139 1xy. LTJS L136 03T Y'i)' 'C5 .S!' S .'1•,Y.� 4 pa��.. r r 1 i ...ji MINI a � 018 <)�1 v llcl YI h 3I O rl 2 F9 L8S. FES h m F6 f F104 ; 1m r�.ftt 1 r 01 l m t,ls F12 tF4 F13 r I 404 WEnANOS AREA I 31,985.44 BUT. F144 0.73 ACRES F15I7 �'� I0 al ! 141E ,- i, F18 .: +.. 907 . F1 :.:No11.08'3e 10 ROBERT D. DALE & WIFE, TRACI L. DALE D.B,1323, P.953 (TRACT III) THIS CER,w THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE MISDIC110N OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERS04ED ON THIS DAZE UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIMM THIS DE7ERMNATI0M OF SECTION 404 d1RISDIC7IDH MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REAL WPPLDA047 TO THE 1987 U.S. ARMYPORPS OF ENGINEERS WETLANDS MANUAL Dig I Ell �Cc a0 $ 4Of ETD �';, a m E13 257.95' � n2 SITE N.I.S.R. 1518 s .,� .., V VICINITY MAP NOT TO SCALE u 04 A E3 94.96 BOUNDARY SURVEY & WETLANDS MAP SHOWING INDIVIDUAL TRACTS ON NCSR 1518 (OLD FOLKSTONE ROAD) PREPARED FOR BEAVER CREEK INVESTORS INC. STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NC PREPARED BY JOHN L. PIERCE & ASSOCIATES, P.A. NORTH CAROLINA LICENSE NO.: C-1888 EIS DELINEATION REGULATORY OFFICIAL' 405 JOHNSON BLVD. JACKSONVILLE, NC 28541 A r I:st PHONE: 910-346-9800 DATE: NOV. 21, 2018 TITLE-. SCALE: 1"= 100' F.B.871 , P. 42 DATE: 1 -ID• 1q��G JOB # 201 8-1 91 04 USACE ACTION ID NO.: SAW-ZA05- nIb55 GRAPHIC SCALE 100 0 50 100 200 400 ( IN ■zrr ) 1 inch = 100 K 5 r, S 5"'r45' W 8240' C11 EIP c18 \, 2 ^ c17 \ m 1� C18 . S '1\ S 404 NE VI ��'7a17,11 0.L99, M X62, s �_ •� ' - __ �y - Cx STREAM70. C9 CO L29C1 L3 -X3-02 C14 - Cs C/L DITCH N I f 404 WETLANDS AREA g w 5.922.10 SOFT. r 0.14 ACRES 1'04 C4 m m BIG X15 m I vry L13 U4 B6L12 i G18ry. esd0s 4-Lq el,�. 'a1 t. v 0&35 9 45,41 j 404 WETLANDS AREA ,� 7 / B1 S 18,E 39 E 551.47 SOFT. \ 0.01 ACRES // C/L DITCH AIDv 2.8'x2.8' 165,34' All ELECTRICAL Al2 BOX / j ROBERT D. DALE & WIFE, EIP A4 p14JN D5-26-01- w 318.50 TRACI L. DALE D.B1 P.953 (TRACT II) C/L DITCH ROBERT D. DALE & WIFE, I TRACI L. DALE I LINEAR FEET OF STREAM: 1,680.97 FT. D.B.1323, P.953 TOTAL WETLANDS AREA: 1,649,930.83 SQ.FT (3.9 ACRES) (TRACT I) I TRACT DATA: I I MM NUMBER:318-83 h 724-54.9 REFERENCES: FINED RA ZONED DISTRICT-.HAWS RUN IS0:5 m�14 h.17J,(, M J J J N l 18 ?�, C35 ^ V� J M S7A758'$ W ry C34 D\4 �7 10 c33 L51 C/L DITCH C31 c30 �g55 i ,!w6 S C29 3 .LAT C/L DITCH v �N xC23 TOTAL AREA 828,869.91 SQ.FT. C22 19.03 ACRES -C/L DITCH \T rS. \�B AREA R 15? rl bGs _A G4 j 158.30• � 4i �1tA E 5.18' AXE DITCH an �o041 C40 V�p O. A N w L134 1136 L139 1xy. LTJS L136 03T Y'i)' 'C5 .S!' S .'1•,Y.� 4 pa��.. r r 1 i ...ji MINI a � 018 <)�1 v llcl YI h 3I O rl 2 F9 L8S. FES h m F6 f F104 ; 1m r�.ftt 1 r 01 l m t,ls F12 tF4 F13 r I 404 WEnANOS AREA I 31,985.44 BUT. F144 0.73 ACRES F15I7 �'� I0 al ! 141E ,- i, F18 .: +.. 907 . F1 :.:No11.08'3e 10 ROBERT D. DALE & WIFE, TRACI L. DALE D.B,1323, P.953 (TRACT III) THIS CER,w THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE MISDIC110N OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERS04ED ON THIS DAZE UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIMM THIS DE7ERMNATI0M OF SECTION 404 d1RISDIC7IDH MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REAL WPPLDA047 TO THE 1987 U.S. ARMYPORPS OF ENGINEERS WETLANDS MANUAL Dig I Ell �Cc a0 $ 4Of ETD �';, a m E13 257.95' � n2 SITE N.I.S.R. 1518 s .,� .., V VICINITY MAP NOT TO SCALE u 04 A E3 94.96 BOUNDARY SURVEY & WETLANDS MAP SHOWING INDIVIDUAL TRACTS ON NCSR 1518 (OLD FOLKSTONE ROAD) PREPARED FOR BEAVER CREEK INVESTORS INC. STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NC PREPARED BY JOHN L. PIERCE & ASSOCIATES, P.A. NORTH CAROLINA LICENSE NO.: C-1888 EIS DELINEATION REGULATORY OFFICIAL' 405 JOHNSON BLVD. JACKSONVILLE, NC 28541 A r I:st PHONE: 910-346-9800 DATE: NOV. 21, 2018 TITLE-. SCALE: 1"= 100' F.B.871 , P. 42 DATE: 1 -ID• 1q��G JOB # 201 8-1 91 04 USACE ACTION ID NO.: SAW-ZA05- nIb55 GRAPHIC SCALE 100 0 50 100 200 400 ( IN ■zrr ) 1 inch = 100 K U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2009-01655 County: Onslow U.S.G.S. Quad: NC-Sneads Ferry NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Beaver Creek Investors Agent: Haywood Pittman John Pierce PO Box 1387 Address: PO Box 1685 Richlands, NC 28574 Jacksonville, NC, 28541; Size (acres) 19.03 Nearest Town Sneads Ferry Nearest Waterway New River Inlet River Basin Neuse -Pamlico USGS HUC 03020302 Coordinates Latitude: 34.528812 Longitude: -77.443675 Location description: Property is located on the north side of Old Folkstone Road, approximately 0.14 miles west of the intersection of Orvin Drive and Old Folkstone Road. Parcel is adiacent to Bridgeport subdivision to the west. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ® The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 1/10/2019. 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 project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the CIean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Cap ito at (910)-251-4487 or Rachel.A.Capito(uusace.army.mil C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 1/10/2019. D. 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 jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 3/11/2019. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. J4/ [�Jt� Corps Regulatory Official: LC Date of JD: 1/10/2019 Expiration Date of JD: 1/10/2024 bl �n AW -Neffil 4, as Hi w.::'�i"."y A st Applicant: Beaver Creek Inveors John Pierce File Number: SAW -20=.>v09-01655 Date: 1/10/2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A F11 PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I `The ollowtng tdentrfies your rtghts and optroms regarding ata admrntstrattve appeal o th aboue dec�siorr Addttiomal xnformat!6ii maytibe found at of ` � �t �t s ` tsr Pry . tf or.the'Co s°re , laions at 33 CFRPart.33,1 . .. :. ''. 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. • 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 pen -nit 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. 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. 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. If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Rachel Capito Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of anv site investigation, and will have the opportunity to participate in all site investigations. Date: I Telephone number: of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito , 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 IOM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION L• BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 1/10/2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Beaver Creek Investors, SAW -2009-01655 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Property is located on the north side of Old Folkstone Road, approximately 0. 14 miles west of the intersection of Orvin Drive and Old Folkstone Road. Parcel is adjacent to Bridgeport subdivision to the we State: County/parish/borough: Onslow City: Sneads Ferry Center coordinates of site (lat/long in degree decimal format): Lat. 34.528812 , Long. -77.443675 Universal Transverse Mercator: Name of nearest waterbody: New River Inlet Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 10/30/2018 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): I ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 1680 linear feet, wide, and/or acres. Wetlands: 3.92 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Boxes checked below shall be supported by completing the appropriate sections in Section III below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e. typically 3 months). ' Supporting documentation is presented in Section III.F. ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Sectit III.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Sectio III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent water (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetla that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and El regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consid the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 51 acres Drainage area: 51 acres Average annual rainfall: 54 inches Average annual snowfall: 2 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 3 tributaries before entering TNW. Project waters are 2-5 river miles from TNW. Project waters are I (or less) river miles from RPW. Project waters are 1-2 aerial (straight) miles from TNW_ Project waters are I (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: UT to Blue Pond Branch to Turkey Creek Identify flow route to TNW5: Tributary stream order, if known: Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. e Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ® Artificial (man-made). Explain: Berms adjacent to rpw ® Manipulated (man -altered). Explain: Straightened Tributary properties with respect to top of bank (estimate): Average width: 3 feet Average depth: 3 feet Average side slopes: Vertical (l:l or less). Primary tributary substrate composition (check all that apply): ® Silts ® Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g,, highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Relatively straight, (slight meandering) Tributary gradient (approximate average slope): % (c) Plow: Tributary provides for: Perennial Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ water staining ❑ other (list): ❑ Discontinuous OHWM.' Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum.- F-1 atum;❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OI-IWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g. flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7lbid. ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 3.92 acres Wetland type. Explain: Headwater forest Wetland quality. Explain: Selective clearing Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: No Flow. Explain: Wetland is in nautral drainage way, but flow is likely shallow subsurface Surface flow is: Overland sheetflow Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ® Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are 2-5 river miles from TNW. Project waters are 1-2 aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 100 - 500 -year floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristic etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Approximately 3.38 acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlanc has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplaii is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discuss in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, o to reduce the amount of pollutants or flood waters reaching a TNW? Yes • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? Yes • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? Yes • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Yes Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIID: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of present( or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet, wide, Or acres. ❑ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Ut to Blue Pond Branch to Turkey Creek runs along western property line to the west, then south. Feature has OHWM Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 1680 linear feet 1-3 wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW i jurisdictional. Data supporting this conclusion is provided at Section IIIC. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 'See Footnote # 3. 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abuttir an RPW: Wetland is contiguous with RPW Provide acreage estimates for jurisdictional wetlands in the review area: 0.54 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusi is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TN W are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATIC OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHEC ALL THAT APPLY):10 ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetlanc Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SIVANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for reviev consistent with the process described in the Corps/EPA Memorandum: Regarding CWA Act Jurisdiction Following Rapanos. Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams)_ linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION 1V: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked ar requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ 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: 1:24K Sneads Ferry ® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey Onslow County ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Google Earth or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: