20210810_JD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00099 County: Robeson County U.S.G.S.Quad: Rennert
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: BDX Environmental,PLLC
Stephen Barnhardt
Address: 11341 NC HWY 53 West
White Oak,NC,28399
Telephone Number: [phone]
E-mail Address: artbarnQintrstar.net
Size(acres) 7+/-acres Nearest Town Rex,NC
Nearest Waterway Gum Branch River Basin Lower Pee Dee
USGS HUC 03040203 Coordinates Latitude: 34.863432
Longitude:-79.043332
Location description: This project is known as"The St.Paul's Sand Mine/pit"and is located off Blanchard Road,in
Rex,Robeson County,NC.(Parcel ID:948065458500).
Indicate Which of the Following AaalY:
A. Preliminary Determination
_ There are waters,including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act(CWA)()3 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 are 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/RHA jurisdiction 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. 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.
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.
Page 1 of 2

SAW-2021-00099
There are waters of the U.S.,including wetlands, on 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.
_ We recommend you have the waters of the U.S. 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 project area 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,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 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 . UnIess 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.
X There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a chance 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 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)251-4694 or
Gary.H.BeecherQ.usace.army.mil.
C. Basis For Determination: There are no wetlands or Waters of the US within this project site.
D. Remarks: A site visit was conducted by Gary Beecher(USACE),Mickey Sues(USACE)and Stephen Barnhardt(BDX
Environmental)on September 30,2020.
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)
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
PHILIP.A.SHANNIN(2USACE.ARMY.MIL

SAW-2021-00099
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. BEECH ER.GARY.H.1052973 Digitally signed by
BEECHER.GARY.H.1052973208
Corps Regulatory Official: 208 Date:2021.01.1416:47:50-05'00'
Date: January 14,2021 Expiration Date: January 14,2026
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
http://coKpsmapu.usace.army.mil/cm apex/Pp=136:4:0.
Copy Furnished by Applicant to:
Owner:
L.Clyde Williams
PO Box 27
Rex,NX 28378
[phone]