20231106_PJD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00941 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Noah Dean t�
SEGI e�`C7 ECEIVSD
Address: 5315 South College Road,Suite E
Wilmington,NC 28412 Nov 0 6 20
Telephone Number: [phone] LAND QUALITY
MINING PROGRAM
E-mail Address: Ndeanesegi.us
Size(acres) 60 Nearest Town Winnabow,NC
Nearest Waterway Rock Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude:34.15918 Longitude:-78.13381
Location description: This 60-acre project is located on Green Hill Road,NE in Winnabow,Brunswick County.NC.
(Parcel ID: 0690000328)•
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters,including wetlands,on the above described property, that may be subject to Section 404 of the
Clean Water Act(CWA)(33 USC 6 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC 4 403). The
waters,including wetlands,have been delineated,and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. 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 Reeulatory
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 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. 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 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/RHAjurisdiction overall 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 of the U.S.,including wetlands, on your 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.
Page 1 of 2

SAW-2023-00941
B. Approved Determination
_ There are Navigable Waters of the United States within the above described 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 of the U.S.,including wetlands, on the above described property subject to the permit requirements of Section
404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in 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 of the U.S.,including wetlands, on your 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 of the U.S.,including wetlands, on your property have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and
verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which,unless there is a change in law or our published regulations,may be relied upon for a period not to exceed
five years from the date of this notification.
_ The waters of the U.S.,including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on .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 no waters of the U.S.,to include wetlands,present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 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 Clean 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 Gary Beecher at(910)2514694 or
Gary.H.Beecher(i,usace.army.mil.
C. Basis For Determination: N/A.An Approved JD has not been completed.
D. Remarks: A site visit was conducted by Gary Beecher(USACE),David Scibetta and Noah Dean(SEGI)on August 2,
2023.The existing pond was dug in uplands as a borrow pit.The are no outlets,culverts or swales that connect to the pond.
The Wetland Delineation is accurate.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request.This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985,as amended.If you or your tenant are USDA program participants,or anticipate participation in USDA programs,you should
discuss the applicability of a certified wetland determination with the local USDA service center,prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations(as indicated in Section B.above)

SAW-2023-00941
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: Mr.Philip A.Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW,Floor M9
Atlanta,Georgia 30303-8803
AND
PHILIP.A.SHANNIN(a),USACE.ARMY.M I L
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Corps Regulatory Official: Date:2023.08.03 16:58:17-04'00'
Date of JD: Aueust 3,2023 Expiration Date: PJD Does not expire
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 our Customer Satisfaction Survey,located online at
https://regul atory.oi)s.usace.arm y.m it/customer-service-s u rvev/.
Copy Furnished via email to:
Owner:
Kennedy Family Properties,LLC
420 Green Hill Road NE
Leland,NC 28451
[phone]
meken nedyy6D,2ma il.com

SAW-2023-00941
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Kennedy Family Properties LLC File Number: SAW-2023-00941 Date: August 3,2023
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL WITHOUT PREJUDICE C
PERMIT DENIAL WITH PREJUDICE D
APPROVED JURISDICTIONAL DETERMINATION E
X PRELIMINARY JURISDICTIONAL DETERMINATION F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-
and-Permits/a eats/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. 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 WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.

SAW-2023-00941
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide
new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all
rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of this
notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district is
determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you If you have questions regarding the appeal process, or
may contact: to submit your request for appeal, you may contact:
District Engineer, Philip Shannin
Wilmington Regulatory Division, Regulatory Appeals Review Officer
Attn: Gary Beecher South Atlantic Division
69 Darlington Avenue 60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8803
Philip.A.Shannin2P-usace.a rmv.mi l
404-562-5136
SECTION 11 — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

3
s
SAW-2023-00941
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. 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.
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:
Signature of appellant or agent.
Email address of appellant and/or agent: Telephone number:

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 8/3/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kennedy Family Properties LLC,Mark Kennedy,420
Green Hill Road,Winnabow,NC 28451-8614
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Green Hill Road,Kennedy Family,
SAW-2023-00941
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION:Green Hill Road NE
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County:Brunswick City: Winnabow
Center coordinates of site (lat/long in degree decimal format):Latitude:34.158517 Longitude:78.135285
Universal Transverse Mercator:
Name of nearest waterbody:Rock Creek
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s):August 2,2023
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of Type of aquatic Geographic authority to
aquatic resources in which the aquatic resource
Site Number Latitude(decimal Longitude(decimal review area(acreage resources(i.e., 11may be"subject(i.e.,
degrees) degrees) and linear feet,if wetland vs.non- Section 404 or Section
applicable wetland waters) 10/404)
PWWUS 1 34.161300 78.134712 0.04 ac. Wetland Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the

various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or
requests verification for a non-reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD
or a PJD,the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD(check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:Field Sketch
Map: Field Sketch of Wetlands

®Data sheets prepared/submitted by or on behalf of the PJD requester.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters'study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name: 1:24k Winnabow.
®Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Brunswick County
❑National wetlands inventory map(s). Cite name:
❑State/local wetland inventory map(s):
❑FEMANIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial(Name & Date): 2020 NC CGIA Othoimagery
or❑Other(Name&Date):
❑Previous determination(s). File no. and date of response letter:
®Other information(please specify):Corps produced Lidar Maps
IMPORTANT NOTE:The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by Gary H.
Gary H. Beecher Beecher 2=A
Date:2023.08.03 16:58:50-04'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
8/3/2023 (REQUIRED, unless obtaining the signature is
impracticable)t
I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

i
Potential Wetland Waters of the US
❑Project Area - E
Property Line
250 ft M it 1250 ft
t %
Map Source:ESRI Street Map Vicinity Map N
All lines are approximate and should be used for Kennedy Mine
planning purposes only. Winnabow, Brunswick Co., N.C.
04/26/2023 019-021.01 5��'

4/28/23,8:44 AM Brunswick County GIS Data Viewer
Parcel IMonnadon
Parcel ID:0690000301
Parcel PIN:216517202254
Calc.Acreage:117.10
legal Descdption
117.10 AC PL-107/65 SR 1411
Owner Information
Owner Name:
KENNEDY FAMILY PROPERTIE
Mailing Address:
420 GREEN HILL RD NE
LELAND,NC 28451-8614
Deed and Plat References
Deed Book:04065
Deed Page:0633
Plat Book:00107
Plat Page:00065
Zoom t
I
2
ti
2
Brunswick County GIS Source: Esn, Maxar, Earthstar Geographics,and the GIS User Community
WA
GREEN HILL RD NE X O,
r-�
600ft -78.104 34.161 Degrees
htips://bronco.maps.arcgis.com/appstwebappviewer/index.html?id=6df283elaa634006baeedf6daao40d38 1/1

W
W
l
r P , U 1. 0.04 'a f
M r,;
vZ
Ar
It
' ` � p 1 � :..ta' ,':. A. ���x� 'y � t`•iF'rY� is +V Yr
•.• � t
.0
t•�
W H 1
1
. • • i • I
1 � 1 1 • 1 1