20191549 Ver 1_final signed U 5788 PJD with revised email for PCN_20191112

1
Herndon, T. Mason
From:Shaver, Brad E CIV USARMY CESAW (US) <[e-mail]>
Sent:Wednesday, September 05, 2018 3:42 PM
To:Herndon, T. Mason
Cc:Steenhuis, Joanne
Subject:[External] RE: U-5788 Revised PJD Map
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an 
attachment to Report Spam.<mailto:[e-mail]> 

Mason, 

Thank you for the revised map from our field visit on 8/23/2016. The Corps accepts the revisions from  the original PJD 
signed November 15, 2016 based on the new information seen in the field. 

The Corps will file this revised map as the map of record for this project moving forward. 

Brad 

‐‐‐‐‐Original Message‐‐‐‐‐ 
From: Herndon, T. Mason [mailto:[e-mail]] 
Sent: Wednesday, September 5, 2018 1:42 PM 
To: Shaver, Brad E CIV USARMY CESAW (US) <[e-mail]> 
Cc: Steenhuis, Joanne <[e-mail]> 
Subject: [Non‐DoD Source] U‐5788 Revised PJD Map 

Attached is the revised PJD map for U‐5788 (Intersection Improvements at US 17 Bus S (Main St.) and Wall Street) in 
Shallotte, Brunswick County.  We reviewed this on 8/23/18.  A PJD had been issued for the old study area, on 11/18/16 
and assigned AI# SAW‐2016‐02255.  The revised map appears to address the revisions requested following our field 
review. 

Please let me know if you need any additional information to process this PJD revision. 

Thanks! 

Mason Herndon 

Environmental Program Supervisor 

Division 3 

NCDOT‐ Division of Highways 
2

910‐341‐2036    office 

910‐604‐0050 mobile 

[e-mail] 

5501 Barbados Blvd 

Castle Hayne, NC 28429 

Email correspondence to and from this address is subject to the 

North Carolina Public Records Law and may be disclosed to third parties. 

________________________________ 

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third 
parties. 

Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-02255 County: Brunswick U.S.G.S. Quad: NC-SHALLOTTE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: NCDOT-Division 3 Agent: Carolina Ecosystems Inc.
attn.: Mr. Mason Herndon attn.: Mr. Greg Price
Address: 5501 Barbados Blvd. 3040 NC Hwy 42 W
Castle Hayne, NC 28429 Clayton, NC 27520
Size (acres) +/- 5 Nearest Town Shalotte
Nearest Waterway Shallotte River River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.97538593573
Longitude: -78.3825839445115
Location description: The project area (U-5788) is located around the intersection of Main Street and Wall Street in
the Town of Shallotte, Brunswick County.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, 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. See attached map dated July 2016.
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 over all 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.
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. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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 ______________. 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 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 Morehead City, 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 Brad Shaver at
[phone] or [e-mail].
C. Basis For Determination: The site contains wetlands as described in the 1987 Corps Delineation Manual and
appropriate regional supplement.
D. Remarks:This PJD determination was completed via desktop.
Corps Regulatory Official: ______________________________________________________
Date:November 15, 2016 Expiration Date: None PJD
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://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
Digitally signed by SHAVER.BRAD.E.1276601756
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=SHAVER.BRAD.E.1276601756
Date: 2016.11.15 11:15:54 -05'00'
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT-Division 3

File Number: SAW-2016-02255 Date:November 15, 2016
Attached is: E 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 http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x 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.
x 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
x 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.
x 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.
x 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.
x 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, 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 and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Brad Shaver
69 Darlington Ave
Wilmington, NC 28403
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
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 opportunity to participate in all site investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division,Brad Shaver, 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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
1
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):____________________________________
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
___________________________________________________________
___________________________________________________________
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
___________________________________________________________
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
___________________________________________________________

(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: _____________ City: ______________
Center coordinates of site (lat/long in degree decimal format):
Lat. ___________________ °N; Long. ____________________ °W.
Universal Transverse Mercator: ____________________________________
Name of nearest waterbody: ______________________________________
Identify (estimate) amount of waters in the review area:
Non-wetland waters:
____________linear feet: __________ width (ft) and/or _________ acres.
Cowardin Class: _____________________________________________
Stream Flow: ________________________________________________
Wetlands: ___________acres.
Cowardin Class: _____________________________________________
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: ______________________________________________________
Non-Tidal: __________________________________________________
Mason Herndon, NCDOT Division 3 Environmental Program Supervisor
5501 Barbadous Blvd, Castle Hayne, NC 28429
TIP U-5788. Modify intersection of Main St. and Wall St. in Shallotte, NC
Brunswick Shallotte
33.9753 -78.3825
Shallotte River
0
0.03
PFO
2
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
Office (Desk) Determination. Date: ______________________________
Field Determination. Date(s): ___________________________________
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:_____________________________________________
Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
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:______________
USDA Natural Resources Conservation Service Soil Survey.
Citation:_______________________________________________
National wetlands inventory map(s). Cite name:_____________________
State/Local wetland inventory map(s):_____________________________
FEMA/FIRM maps:____________________________________________
100-year Floodplain Elevation is:_________________________________
(National Geodectic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): ______________________or
Other (Name & Date):_________________________
Previous determination(s). File no. and date of response letter:_________
Other information (please specify):_______________________________
✔
Vicinity Map
✔
✔
✔
Shallotte (2013) 1:24K Quad
✔2012 NC Statewide Aerial Photography
3
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
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
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
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)
that 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) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant’s acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (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 preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, 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,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
4
This preliminary JD finds that there “may be”waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
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.
_________________________ __________________________
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
Digitally signed by Mason Herndon
DN: cn=Mason Herndon, o=NCDOT,
ou=Division 3,
email=[e-mail], c=US
Date: 2016.11.08 15:58:12 -05'00'
Digitally signed by
SHAVER.BRAD.E.1276601756
DN: c=US, o=U.S. Government, ou=DoD,
ou=PKI, ou=USA,
cn=SHAVER.BRAD.E.1276601756
Date: 2016.11.15 10:44:44 -05'00'
U-5788Potential Waters of the US November 2016Table 1. Preliminary Jurisdictional Determination TableWetlands(acres)WA 33.9739 -78.3815 PFO 0.03 Non-section 10 - wetlandSite Name LatitudeLongitudeCowardin ClassificationEstimated Amount of Aquatic Resources in Review AreaClass of Aquatic Resource
WA
July 2016
Figure 3: Jurisdictional
Features Map
U-5788
Brunswick County
0 200100
Feet³2012 NC Statewide Aerial Photography
Study Area
Potential Wetland Waters of the US (Wetlands)