20220302_JD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02186 County: Pamlico U.S.G.S. Quad: NC-Bayboro
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Canton Development, LLC
Mr. Scott Canton
Address: 109 Virginia Lane
New Bern, North Carolina 28562
Telephone Number: 252-671-3172
E-mail: msc0404ftmail.com
Size (acres) 11.2 Nearest Town Grantsboro
Nearest Waterway South Prong Bay River River Basin Neuse
USGS HUC 03020204 Coordinates Latitude: 35.15201
Longitude:-76.84269
Location description: The review area is a portion of the 19-acre lot located at 848 NC-306 N., Grantsboro, NC. Parcel Index
Number: 6541476473000.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be WATERS 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
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 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 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 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 at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the WATERS 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 WATERSon 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 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 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 DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2021-02186
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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory
Official identified below onDATE. 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 Washington, NC, at [phone] 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 Emily B. Thompson at [phone] or
Emil .B.Thom son usace.arm .mil.
C. Basis For Determination: See the approved jurisdictional determination form dated 12/1/2021.
D. Remarks: See the attached "Site Map" dated 10/01/2021.
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)
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.SHANNINQ,USACE.ARMY.MIL
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 01/28/2022.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD:12/1/2021 Expiration Date of JD: 12/1/2026

SAW 2021-02186
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
http://corpsmapu.usace.army.mil/cm_apex/f?p=13 6:4:0
Copy furnished (via e-mail):
Agent: SECT
Mr. David Scibetta
Address: 5315 S College Road Suite E
Wilmington, North Carolina 28412
Telephone Number: 910452-2711
E-mail: DScibettaQsegi.us

Project Area
0 Data Point
] 37.5 75 150 225 300
Feet Site Map
1 inch = 150 feet Lawton Tract
Grantsbaro, Pamlico County, N.C. w e

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
Applicant: Ca on Develo went LLC, Mr. Scott Ca on I File Number: SAW-2021-02186 Date: 12/1/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY 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 or lrttp: wxvw.usace.armv.mil.,Missions/Civi[WorksrRe,nilatmvProeramandPermits rims
or the 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 Il 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 trust 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 Il 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.
SECTION 11- 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 Mid or the
If you only have questions regarding the appeal process vuu maw
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Emily B. Thompson
ADMINISTRATIVE APPEAL REVIEW OFFICER
Washington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
2407 West Fifth Street
ATLANTA, GEORGIA 30303-8803
Washington, North Carolina 27889
PHONE: [phone]; FAX [phone]
EMAIL: PHTLIP.A.SHANNIN(o�,USACE.ARMY.MTL
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 o ortuni to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 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. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

DRY LAND 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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): December 1, 2021
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 848 NC 306 HWY N / Scott Cayton / Pamlico, SAW-
2021-02186
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Pamlico City: Grantsboro
Center coordinates of site (lat/long in degree decimal format): Lat. 35.15201 °, Long.-76.84269 °
Universal Transverse Mercator: 18
Name of nearest waterbody: South Prong Bay River
Name of watershed or Hydrologic Unit Code (HUC): 03020204
Check if map/diagram of review area is available upon request.
r 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):
r Office (Desk) Determination. Date:
P Field Determination. Date(s): November 18, 2021
SECTION 11: 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.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are no "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area.
SECTION III: 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
requested, appropriately reference sources below):
(r l Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: SEGi; Site Map, dated 10/1 /2021
r'I Data sheets prepared/submitted by or on behalf of the applicant/consultant.
rI Office concurs with data sheets/delineation report.
ri Office does not concur with data sheets/delineation report.
r� Data sheets prepared by the Corps:
r-o I U.S. Geological Survey Hydrologic Atlas: USACE National Regulatory Viewer — SAD — NC
USGS NHD data.
r) USGS 8 and 12 digit HUC maps.
rI U.S. Geological Survey map(s). Cite scale & quad name: Bayboro, 1:24k
rI USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Pamlico County
National wetlands inventory map(s). Cite name: USACE National Regulatory Viewer — SAD — NC
r� State/Local wetland inventory map(s):
rl FEMA/FIRM maps:
ri 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
rr I Photographs: r'I Aerial (Name & Date): ESRI Imagery, NCOneMap Orthos
rl or ri Other (Name & Date):
n Previous determination(s). File no. and date of response letter:
rl Applicable/supporting case law:
r) Applicable/supporting scientific literature:
r� Other information (please specify): Gen2 LiDAR; Antecedent Precipitation Tool (APT)
B. REQUIRED ADDITIONAL COMMENTS TO SUPPORT JD. EXPLAIN RATIONALE FOR DETERMINATION THAT THE
REVIEW AREA ONLY INCLUDES DRY LAND: According to the APT during Normal Conditions, the site did not exhibit hydric soils or
hydrology.
I This form is for use only in recording approved JDs involving dry land. It extracts the relevant elements of the longer approved JD form in use
since 2007 for aquatic areas and adds no new fields.