20191380 Ver 1_Beagle Trail JD_20191009

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-01895 County: New Hanover U.S.G.S. Quad: Wrightsville Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: James & Rhonda Schoolfield
130 Beagle Trail
Wilmington, North Carolina 28409
Agent: Corey Novak
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Size (acres) 4.5 -acres Nearest TownWilmington
Nearest Waterway Atlantic Intracoastal Waterway River Basin White Oak
USGS HUC 03020302 Coordinates Latitude: 34.193915 N
Longitude: -77.833164 W
Location description: The prosect site is located at 130 Beagle Trail (Parcel No. R06220-002-009-000 &
Portion of Parcel No. R06200-005-030-000), in Wilmington, New Hanover County, North Carolina. The
proiect area consists of portions of undeveloped, forested parcels. The prosect site borders the Atlantic
Intracoastal Waterway to the east and residential development to the north, south, and west.
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands, on the above described property, as depicted on the attached
exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary
jurisdictional determination may be used in the permit evaluation process, including determining compensatory
mitigation. 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.
B. Approved Determination
X 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.
X 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 strongly suggest you have the waters of the U.S. including wetlands on your project area delineated.
Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this
wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant.
To be considered final, any delineation must be verified by the Corps.
X 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 figure identified below. 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 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.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (LAMA). You should contact the Division of Coastal Management in
Wilmington, NC, at [phone] to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a vinlaticn of Section 301 of the Clean Water Act (33 USC 8 131 10- If you have any
questions regarding this determination and/or the Corps regulatory program, please contact John N. Policarpo at
910-251-4487 or John.N.Policarpo(i,usace.army.mil.
C. Basis for Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement and also contains a
Relatively Permanent Water (RPW). Wetlands on-site are considered adjacent to a Traditionally
Navigable Water (TNW) and are jurisdictional under Section 404 of the Clean Water Act. In addition,
the coastal wetlands (Wl through W10) identified are subject to the ebb and flow of the tide and are
jurisdictional under Section 10 of the Rivers and Harbors Act. This determination is based on a site visit
conducted by John Policarpo of the Corps on September 8, 2016. The enclosed figure entitled, "Figure 7,
Preliminary Upland/Wetland Sketch, Beagle Trail & Guinea Lane, New Hanover County, NC", dated
June 2016, accurately depicts the approximate extent of on-site jurisdictional waters of the U.S., including
wetlands.
D. Remarks: It is recommended that the mean high water line (not the normal or observed high water line)
be surveyed at the project site to determine the exact extent of waters of the U.S., including wetlands,
which are jurisdictional under Section 10 of the Rivers and Harbors Act.
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 1OM15
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
November 21, 2016.
**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: September 21, 2016
Expiration Date: September 21, 2021
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://regulatory.usacesurvey.com/.

NO'T"IFICA"T'ION OF ADMINISTRATIVE APPEAL (OPTIONS AND PROCESS AND
REQUESTFOR APPEAL
Applicant: James & Rhonda Schoolfield File Number: SAW -2016-01895
Date: September 21 2016
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ennissiort)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑ PERMIT DENIAL
C
NJ APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SI.0"I'ION I - Tlic 1`6IIowing idemif ies your rights and options regarding; an adntinititrative appeal ot'the above decision.
Additional information may be found at http://www.usace.amiv.mil/Missions/CivilWorks/Regul,ato[yPro-grwnandPermits.asnx 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 further 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 Voll ma-/ nr0-%/1rh- aririifinnal mfnrmaflnn fn rlarlf�r fha lnoaflnn n+ Infnrm atinn that is in the arimlm etratt PrP
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: John N. Policarpo
CESAD-PDO
[phone]
U.S. Army Corps of Engineers, South Atlantic Division
[e-mail]
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 opportunit to participate in all site investi yations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, John N. Policarpo, 69 Darlington Ave., Wilmington, NC 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

NOTG This'Is nol a survey. All hoimdnnns,and diet are oencYdered=pp—imnie.
This represents a preliminary sketch prcpnred from field notes. ASurvey of dcrineoled
areas and review and epprovaiby the USArmy Corps of Engineers and INC Division of
Coastal Management is recommended prior io ape--ifc siie planning.
L:\WETLANDS\2016\40-16-119/Maps/delineation sketch
Boundaries are approximate and are not meant to be absolute,
Map Source: 2012 NC OneMap Aerial Photography
Beagle Trail & Guinea Lane
New Hanover County, NC
June 2016
-MG # 40-16-119
LMG
www.lmp,rpup.net
3805 Wrightsville Avenue
Wilmington, NC 28403
Phone: 910.452,0001 Fax: 910.452,0060
Legend
Project area —4.5 ac
' ► Areas identified as uplands pending COE
confirmation (may contain coastal wetlands)
—3-4 ac
• 404 wetlands —1.1 ac
Potential Waters of the U.S. —625 I.f.
* Data Points
Figure 7
Preliminary
Upland/Wetland Sketch
we
w
*i.
\ K
4
SCALE 1" = 60'
(when printed at 11"x17")