20081187 Ver 2_NWP-14_20200507

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-01045 County: Craven USGS Quad: New Bern
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: J.K. Williams Properties, Incorporated
Address: L Kenneth Williams
3313 U.S. Highway 70 East
New Bern, North Carolina 28560
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): Property is a 3.9 acre tract located on the
northeast side of US 70 north of NCSR 1116 near the community of Thurmon in Craven County, North Carolina.
Description of projects area and activity: Applicant proposes to place fill in 0.03 acres of jurisdictional wetlands to
construct a road crossne for commercial development. See attached Special Conditions.
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, NWP-14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. 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. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pemrittee 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 Tracey Wheeler [phone] ex 24.
Corps_Regulatory Offici�r� A ae(?t � Date: 04/17/2008
Expiration Date of Verification: 04/17/2008
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at bMI/repulatory.usacesurvey.co to complete the survey
online.
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— Action ID _
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and is adiacent to an unnamed tributary of Brices Creek and the Trent River
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn:Tracey Wheeler, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
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 District 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 06/16/2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory
Date 04/17/2008
Expiration Date 04/17/2013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
John Thomas
Thomas Engineering, P.A.
Post Office Box 1309
New Bern, North Carolina 28563
Page 2 of 2

April 17, 2008
Regulatory Division
Action ID No. SAW-2008-01045
Mr. J.K. Willaims
United Self Storage
3313 U.S. Highway 70 East
New Bern, North Carolina 28560
Permit Special Conditions
Your work is authorized by Nationwide Permit 14 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The perrnittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 0.06 acres of riparian wetlands in the
Neuse River Basin, Cataloging Unit 03020204.
Construction within jurisdictional areas on the property shall begin only after the
permittee has made full payment to the NC EEP and provided a copy of the payment
documentation to the Corps, and the NC EEP has provided written confirmation to the
Corps that it agrees to accept responsibility for the mitigation work required, in
compliance with the MOU between the North Carolina Department of Environment and
Natural Resources and the United States Army Corps of Engineers, Wilmington District,
dated November 4, 1998.
c. Excavated or fill material shall not be placed in any location or in any manner so as
to impair surface water flow into or out of any wetland area or jurisdictional water.
d. Use of any United States Army Corps of Engineers (Corps) jurisdictional areas as
part of a permitted storm water treatment system will be included as an impact and will
require additional authorization from the Corps.
If you have not already done so, you should contact Mrs. Cyndi Karoly, North
Carolina Division of Water Quality, telephone [phone], regarding Section 401
Water Quality Certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval. This verification will be
valid for two years from the date of this letter unless the nationwide authorization is

modified, reissued or revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Ms. Wheeler, Washington Regulatory Field Office, telephone [phone],
extension 24.

Action ID Number:SAW-2008-01045 County:Craven
Permittee: J.K. Williams United Self Storage
Date Verification Issued: 04/17/2008
Project Manager: Tracey Wheeler
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1000
WASHINGTON, NORTH CAROLINA 27889
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

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
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): O1/31/2008
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW-RG-W SAW-2008-01045
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project property is a 3.9 acre tract located on the northeast side of US 70
north of NCSR 1116 near the community of Thurman in Craven County, North Carolina
State:North Carolina County/parish/borough: Craven Ci New Bem
Center coordinates of site Oattlong in degree decimal format): Lat. 35.04170 IL Long. 77.0056° IM.
Universal Transverse Mercator:
Name of nearest waterbody: Brices Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Brices Creek
Name of watershed or Hydrologic Unit Code (HUC): 03020204
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):
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There "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 maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There "waters ofthe US." 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): r
TNWs, including territorial seas
Wetlands adjacent to TNWs
Q 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
Q 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: 114 linear feet: 12 width (ft) and/or 0.03 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):'
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.g.,
typically 3 months).
z Supporting documentation is presented in Section HIT.

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 Section
IH.A.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III A.1 and 2 and Section
IH.D.1.; otherwise, see Section HLB below.
1. TNW
Identify TNW:
Summarize rationale supporting detenn nation:
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 waters"
(RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland
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 IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HI.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA
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 consider
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 HLB.1 for the tributary, Section IH.B.2 for any
onsite wetlands, and Section 1H.B.3 for all wetlands adjacent to that tributary, both onsite and offsfte. The determination whether a
significant nexus exists is determined in Section IH.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(I) General Area Conditions:
Watershed size:
Drainage area:
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters we river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.

Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that aWly):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: MMM
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation. Typel% cover:
❑ Other. Explain:
❑ Concrete
❑ Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: MM
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year:
Describe flow regime:
Other information on duration and volume:
Surface flow is: MCharacteristics:
Subsurface flow: M. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWIvib (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
' 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.
sA natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OHWM 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
ova a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
rlbid.

High Tide Line indicated by:
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings/characteristics
❑ tidal gauges
❑ other (list):
Mean High Water Mark indicated by:
❑ survey to available datum;
❑ physical markings;
❑ vegetation lines/changes in vegetation types.
(iii) Chemtcal 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:
❑ 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: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: M. Explain:
Surface flow is:
Characteristics:
Subsurface flow: M. Explain findings:
❑ Dye (or other) test performed:
(c) WetiandAdjacencvDetenninationMthNon-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated byberm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick Lis€aerial (straight) miles from TNW.
Flow is from: kick List.
Estimate approximate location of wetland as within the JIM floodplain.
(ti) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics;
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 an
All wetland(s) being considered in the cumulative analysis:
.Approximately ( ) 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 wetlands, 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 floodplain 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 discussed 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, or to
reduce the amount of pollutants or flood waters reaching a TNW?
• 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?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological
integrity of the TNW?
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 III.D:
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 III.D:

3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. 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 IILD:
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 width (11), 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: Waterbody has defined channel, marked line in bank, absence of vegetation, sediment sorting, lack of debris in channel,
flow in drought conditions.
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:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (fi).
Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss 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 is
jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
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 III.13.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
IM 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 abutting an
RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to bat 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 conclusion 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.
8See Footnote # 3.

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 TNW are jurisdictional. Data supporting this conclusion is
provided at Section III.C.
Provide estimates far 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, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY):to
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 width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
11 Wetlands: acres.
F. NON4URISDICTIONAL 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 Wetland
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 "SWANCC," the review area would have been regulated based solely on the
No "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):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis ofjurisdiction 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 width (ft).
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, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook
19 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review
consistent with the process described in the Corps/EPAMemorandum Regarding CWA Act Jurisdicdon FoAowing Rapanos.

SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and
r uested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicanticonsultant; Thomas Engineering.
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:1:24,000 New Bem Quad.
USDA Natural Resources Conservation Service Soil Survey. Citation:Craven County Soil Survey Sheet 12.
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):
or ❑ Other (Name & Date):
Previous detemvnation(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):Site visit 01/17/2008.
B. ADDITIONAL COMMENTS TO SUPPORT JD:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: J.K. Williams
File Number: SAW-2008-
01045
Date: 04/17/2008
Attached is:D
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
ermission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELEVIINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://Nvww.usace.amiv.mil/inet/functions/ew/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
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 fiu•ther consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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.
POINT OF'CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
Tracey Wheeler
Mr. Mike Bell, Administrative Appeal Review Officer
U.S. Army Corps of Engineers
CESAD-ET-CO-R
Post Office Box 1000
U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889
60 Forsyth Street, Room 9M15
[phone] ex 24
1 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Tracey Wheeler, Project Manager, Washington
Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801