20081669 Ver 1_401 Application_20081106

WITHERS & R"ENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
0 8- 1 6 6 9
LMER OF U ° ° HMUT&L
DATE 11/6/08 JOB No. 2080551.00
ATTENTION Ms Cyndi Karoly
PHONE#
RE: Morris-Street Ferrv Pit
TO: NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, NC 27604
WE ARE SENDING YOU ® Attached via
? Shop Drawings ? Prints
? Copy of Letter ? Change order
Courier
H Plans
? Diskette
_ the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
3 Request for Isolated Wetland General Permit

..?

THESE ARE TRANSMITTED as checked below:
E For approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
® As requested ? Returned for corrections ? Return corrected prints
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Received By:
COPY TO: file SIGNED: Todd Preuninger
if enclosures are not as noted, kindly notify us at once.
WITHERS
R.AVENEL
ENGINEERS I PLANNERS I SURVEYORS
Ly
November 6, 2oo8
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, NC 27604
Re: Morris-Street Ferry Pit
Request for Isolated Wetland General Permit
W&R Project Number - 2o80551
USACE AID: SAW-2oo8-02477
Dear Ms. Karoly:
Y
F f' ?r
NOV 6 2,9
DENR - IEP QUASI I"
WE T LP,NDS AND ST^RNI'11NTER WAICH
On behalf of Jimmie Morris & Sons and John Ferrel we are requesting authorization
from the NC-DWQ to use the Isolated Wetland General Permit for impacts associated
with the operation of a sand mine.
The subject property is approximately 19o.81 acres in size and is located
approximately 1 mile southeast of the intersection of Cow Pen Landing Rd (SR 1441)
and Street Ferry Rd (SR 1440). Latitude: 35.2466281°N and Longitude: 77.1331442
°W in Craven County, North Carolina. The site contains unnamed tributaries to Swift
Creek and is located in the Neuse River Basin. The Water Quality Classification for
these features is: Sc;SW;NSW, the Cataloging Unit for this site is: 03020202, and
the Stream Index number is: 27-97-(6).
Project History
Wetlands were delineated by Withers & Ravenel during July 2oo8 and approved by
the USACE (AID: SAW-2oo8-02477)• A copy of the Notification of jurisdictional
Determination is included in the attachments.
Proposed Impacts
The proposed impacts consist of 0.75 acres (32,697 SF) of isolated wetlands for the
expansion of an existing mining operation.
Avoidance and Minimization
Prior to planning the extents of the mining operation the applicant requested a
wetland and stream evaluation to be completed for the entire property. Due to the
location of the isolated wetlands it is not possible to access the entire site. No other
impacts to jurisdictional waters or wetlands are proposed for this project. In
addition, the applicant will maintain a 5o-foot buffer along the remaining 55 acres of
wetlands and streams.
iii MacKenan Drive I Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 1 www.withersravenet.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 i fax: 91o.842.8019
Mitigation
Because the impact totals are less than 1 acre, the applicant does not propose
mitigation.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Site plan
3) Agent Authorization (2)
4) USGS Quadrangle Map
5) Craven County Soil Survey Map
6) Notification of Jurisdictional Determination
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Morris Streets Ferry Road Mine
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): Craven Co. Parcel ID: 1-037-003&1-037-051_
4. Location
County: Craven Nearest Town: Vanceboro
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
Business NC Highway 17 and NC Highway 118 take Business 17 south and turn right onto
Ferry Road. Follow Ferry Road south for approximately 4 miles and the site is located along
the east side of Ferry Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.2466281 ON 77.1331442 °W
6. Property size (acres): 190.81 Acres
7. Name of nearest receiving body of water: Swift Creek
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The majority of the site is currently in agriculture fields
some of which has recently.been planted with loblolly pine. An existing sand mine is located
in the western portion of the property which encom asses approximately 25 acres The
Page 2 of 8
wetland areas onsite are currently forested. The dominating land use surrounding the site is
agriculture.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of the expansion of an existing sand mine. Large excavation
equipment will be utilized to excavate the sand from the site and for loading trucks.
11. Explain the purpose of the proposed work: The purpose of this work is to supply local
contractors with fill material as well as supply local concrete plants with the required
aggregate for the production of concrete.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Wetlands were delineated by Withers & Ravenel during July 2008 and
approved by the USACE (AID: SAW-2008-02477). A copy of the Notification of Jurisdictional
Determination is included in the attachments.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future impacts are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 8
1. Provide a written description of the proposed impacts: The applicant is proposing to
impact two pockets of isolated wetlands of the state totaling 0.75 acres (32,697 SF) for the
proposed expansion.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
NA NA NA NA NA NA
NA NA NA NA NA NA
Total Wetland Impact (acres) NA
3. List the total acreage (estimated) of all existing wetlands on the property: - 56.36 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
NA NA NA NA NA NA NA
Total Stream Impact (by length and acreage) NA NA
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resultina from the nroiect:
Stream Impact (acres): NA
Wetland Impact (acres): NA
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) NA
Total Stream Impact (linear feet): NA
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Page 4 of 8
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
The applicant proposes impacts to two pockets of isolated wetlands of the state, totaling 0.75
acres (32,697 SF), for the expansion of an existing mining operation.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Prior to planning the extents of
the mining operation the applicant requested a wetland and stream evaluation to be completed for
the entire property. Due to the location of the isolated wetlands it is not possible to access the
entire site. No other impacts to jurisdictional waters or wetlands are proposed for this project. In
addition, the applicant will maintain a 50-foot buffer along other wetlands.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
Page 5 of 8
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.httnl.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the impact totals are less than I acre, no mitigation is being proposed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
Page 6 of 8
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X.
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The site does not contain any impervious surface
with the exception of a paved construction entrance. No additional impervious surface is
proposed for this project; therefore we do not believe that a pre-approved stormwater
management ment plan is required. Silt fences and ditches will be used to protect downstream water
quality.
Page 7 of 8
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is
a single mining project with no additional expansions proposed at this time. Furthermore a 50'
undisturbed buffer plus an additional 25' unexcavated buffer with silt ditch will be established
outward from the wetland boundary and/or the Neuse buffer. With these water quality measures
in place we do not feel that downstream water quality will be compromised, nor do we believe
that this project will result in additional development.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature IDite
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
FROM :JIMMIE L. MORRIS & SONS INC. FAX NO. :1 252 244 2399
WITHERS
Site Access/Agent Authorization Form
Project Name: 1!yDrt'1' 5s 5'tree-t-5 Ae-r•',. &QaA /I`1 %x
Property Owner/Contract Purchaser: Jilk"YK0 i f- / DNr 1:5
Address: ID 69, 6 -,,<_ ??Z 6'
Phone: 25''2 - a it 44t -1.5-15
Fax: ? . - a. IV IV _,9- al 9
Email:
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner
Jul. 08 2008 03:28PM P2
...
(X RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
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WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
Site Access/Agent Authorization Form
Project Name: Morris rerr Road Mine
Property Owner/Contract Purchaser: John Ferrel
Address: 2295 Streets Ferry Road
Vanceboro, N. C. 28586
Phone: [phone]
Fax:
Email:
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. in addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner: John Ferrel.
(Print Name)
L - 9L,?2 .-
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Date: 07-08-08
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-02477 County: Craven U.S.G.S. Quad: Jasper acol S61
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: John Ferrel and Jimmy Morris
Address: 2295 Streets Ferry Road
Vanceboro, North Carolina
28586
Telephone No.: 252-288-9002
Property description:
Size (acres) 189 Acres Nearest Town Vanceboro
Nearest Waterway Swift Creek River Basin Neuse River Basin
USGS HUC 03020202 Coordinates N 35.2466281 W -77.1331442
Location description The 189 acre site is located off of Ferry Road, west of Swift Creek and NC Hi2hway 43, North
of the Neuse River, and South of Vanceboro, in Craven County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
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 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 wetlands on your property 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 wetland 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 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 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
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
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Action Id. SAW-2008-02477
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Jernigan at 252-975-1616 ext 28.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad
continuum of wetlands connected to Swift Creek, a tributarv of the Neuse River..
D. Remarks
This site is being surveyed after changes were made during the site visit, and is to be submitted to the Corps for
signature after the completion of the survey.
E. 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:
District Engineer, Wilmington Regulatory Division
Attn:Emily Jernigan, 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 10/28/2008.
**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 Official: PnIL Z ?00
Date 08/28/2008 E iration Date 08/28/2013
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 http://reizulatoly.usacesurvey.com/ to
complete the survey online.
Copy furnished:
Todd Preuninger and Luke Tuschak of Withers & Ravenel
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