20180866 Ver 1_PCN Mitigation Submittal_20191217

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
NORTH CAROLINA
Environmental Quality
December 18, 2019
Mac Haupt, Acting 401 & Buffer Permitting Unit Supervisor
Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
Re: Permit Application- Shaw's Run Stream & Wetland Mitigation Site Mitigation Project,
Columbus County (DMS Full Delivery Project)
Dear Mr. Haupt:
Attached for your review is 404/401 permit application package for the subject project. A memo
for the permit application fee is also included in the package. Per agreement between DMS and
DWR, the hard copy of the final mitigation plan is not included in the submittal. In addition, the
electronic copy of the final mitigation plan along with all other electronic files have been
uploaded to NC DWR's file system. Please feel free to contact me with any questions regarding
this plan (919-707-8319).
Thank you very much for your assistance.
Sincerely
Lin Xu
Attachment: 404/401 Permit Application Package
Permit Application Fee Memo
e:5:fD—EQ
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
DATE:
NORTH CAROLINA
Environmental Quality
Debby Davis
Lin Xu L-X
Payment of Permit Fee
401 Permit Application
December 18, 2019
The Division of Mitigation Services (DMS) is implementing a mitigation project for
Shaw's Run Stream & Wetland Mitigation Site Mitigation Project in Columbus County
(DMS IMS # 100055). The activities associated with this restoration project involve
stream restoration related temporary stream and wetland impact. To conduct these
activities, the DMS must submit a Pre -construction Notification (PCN) Form to the
Division of Water Resources (DWR) for review and approval. The DWR assesses a fee
of $570.00 for this review.
Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as
payment for this review. If you have any questions concerning this matter I can be
reached at 919-707-8319. Thanks for your assistance.
cc: Mac Haupt, DWR
a enwwm.� uwpr
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

ID#* 20180866 Version* 1
Select Reviewer:*
Mac Haupt
Initial Review Completed Date 12/17/2019
Mitigation Project Submittal - 12/17/2019
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
V Stream r1 Wetlands r- Buffer r` Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Lin Xu
Project Information
...................................................................................
ID#:* 20180866
Existing IDY
Project Type:
Project Name:
County:
Email Address:*
[e-mail]
Version:
*1
Existing Version
r DMS r Mitigation Bank
Shavds Run Stream and Wetland Mitigation
Site
Columbus
Document Information
Mitigation Document Type:*
Mitigation Plans
File Upload: Final _IRT_Comment _Responses _V2.pdf 288.26KB
ShawsRun_100055_MP 2019.pdf 32.53MB
eApproval Letter Shaws Run_SAW-2018-01169.pdf 226.86KB
ShawsRun401 COffice.pdf 48.8KB
ShawsRun401 FeeMemo.pdf 45.38KB
ShawsRunPCN.pdf 1.42MB
Rease upload only one RDFcf the conplete file that needs to be subnitted...
Signature
Print Name:* Lin Xu

Signature:*

Qom* F
Only:
on ID no.
ct no.
erson 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
1 b. Specify Nationwide Permit (NWP) number: 27
0 Section 404 Permit
or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? 0 Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ
because written approval is not required? 401 Certification:
❑ Yes ❑x No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2. Project Information
❑ Section 10 Permit
2a. Name of project
2b. County:
2c. Nearest municipality / town
2d. Subdivision name:
Shaws Run Stream & Wetland Mitigation Site
Columbus
Chadbourn
For the record only for Corps Permit:
❑ Yes
0 No
❑ Yes
0 No
❑ Yes
0 No
❑ Yes
X❑ No
2e. NCDOT only, T.I. P. or state project no: DMS Project ID No. 100055
3. Owner Information
3a. Name(s) on Recorded Deed: Michael W. & Lisa Shaw, and Lewis J. & Ardith Shaw
3b. Deed Book and Page No. 577,513
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 2255 Braswell Road
3e. City, state, zip: Chadbourn, NC 28431
3f. Telephone no.: 910-641-2429
3g. Fax no.: --
3h. Email address: --
Page 1 of 10
PCN Form — Version 1 4 January 2009

4. Applicant Information (if different
from owner)
❑ Agent ❑X Other, specify: Permittee
Lin Xu
NC Division of Mitigation Services
217 West Jones St.
Raleigh, NC 27603
4a. Applicant is:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
919-707-8319
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Worth Creech
5b. Business name
(if applicable):
Restoration Systems, LLC
5c. Street address:
1101 Haynes Street, Suite 211
5d. City, state, zip:
Raleigh, NC 27604
5e. Telephone no.:
919-755-9490
5f. Fax no.:
919-755-9492
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 025479
1b. Site coordinates (in decimal degrees): Latitude: 34.3193 Longitude:-78.8666
1 c. Property size: 9 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Greene Branch
2b. Water Quality Classification of nearest receiving water: C, SW
2c. River basin: Lumber
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Site drainage area is dominated by row crop production, disturbed forest, and sparse residential development along the margins of Braswell
Road. Impervious surfaces account for less than 5 percent of the upstream watershed land surface.
3b. List the total estimated acreage of all existing wetlands on the property: 0.197
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1890.6
3d. Explain the purpose of the proposed project:
Stream restoration, and riparian wetland reestablishment and preservation.
3e. Describe the overall project in detail, including the type of equipment to be used:
A detailed description of proposed activities is provided in the attached Mitigation Plan. The project will be completed with standard earth -moving equii
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the Yes ❑ No El Unknown
Corps or State been requested or obtained for this property /
project includinj all rrior chases in thepast? Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? X❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): W. Grant Lewis Other: Axiom Environmental, Inc.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Site visit on January 10, 2018; the signed Notification of Jurisdictional Determination dated March 11, 2019 is attached..
5. Project History
5a. Have permits or certifications been requested or obtained for ❑Yes X❑ No El Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of
number Corps (404,10) or impact
Permanent (P) or DWQ (401, other) (acres)
Temporary T
LB
PA
SH
SG
SD
2g. Total Wetland Impacts:
2h. Comments:
NA
3. Stream Impacts
If there are perennial or intermittent stream
impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b.
3c. 3d. 3e
3f.
39•
Stream impact Type of impact
Stream name Perennial (PER) or Type of
Average
Impact
number
intermittent (INT)? jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 Relocation
UT1 PER Corps
8
1239
S2 Relocation
UT1 INT Corps
7
235
S3 Relocation
UT2 INT Corps
7
283
S4
S5
S6
1757
3h. Total stream and tributary impacts
3i. Comments:
Project activities include restoration of 2285 If of stream channels. Please see the attached Mitigation Plan.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all ou,en water imr-acts below. +
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact Waterbody Area of impact (acres)
Permanent (P) or type
Temporary T
01 - Choose one Choose
02 - Choose one Choose
03 - Choose one Choose
04 - Choose one Choose
4f. Total open water impacts
4g. Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c.
Pond ID number Proposed use or Wetland Impacts (acres)
purpose of pond
Flooded Filled Excavated
P1 Choose one
P2 _ ' Choose one
5f. Total:
5g. Comments:
5d. 5e.
Stream Impacts (feet) Upland
_ (acres)
Flooded I Filled f Excavated
5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form. _
�6a_ Project is in which protected basin? — ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other-
6b. 6c. 6d. 6e. 6f. 6g.
Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2
number— mitigation impact impact
Permanent (P) or required? (square (square
Temporary T) — _ feet) feet::
61
Yes/No
i
B2
Yes/No
B3 -
- -'-
- -Yes/No
B4 -
Yes/No
B5 -
Yes/No
Yes/No
6h. Total Buffer Impacts:
0
0
6i. Comments: NA
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This is a stream and wetland mitigation project. As a result, avoidance and minimization were not part of the original design planning. The proposed
project is anticipated to increase the function and length of jurisdictional stream.
1 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The only activities that will take place within the stream are filling and stabilization of banks, placement of channel bed material, and the installation of
cross vanes and drop structures. No machinery will be driven within existing stream channels. If water is present, channels will be temporarily
dewatered and all work will be performed in the dry. Impacts to jurisdictional areas are designed to benefit hydrology and vegetative communities.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps
El Mitigation bank
2c If yes which mitigation option will be used for this
project? ❑ Payment to In -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one Quantity:
3c. Comments:
4. Complete if Making a Pa ment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1 4 January 2009

f 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
I
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ❑ Yes ❑X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
Zone Reason for impact
Zone 1
Zone 2
6d. 6e.
Total impact Multiplier
(square feet)
3 (2 for Catawba)
1.5
Required mitigation
(square feet)
6f. Total buffer mitigation required: o
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
NA.
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
NA; however, numerous marsh treatment areas are included in the Site design.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
2b. Does this project require a Stormwater Management Plan?
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
❑ Yes ❑X No
❑ Yes ❑ No
0%
❑ Yes 0 No
No impervious surfaces will be generated by the proposed project. On -site stormwater will be treated by a marsh treatment areas or flow through
vegetated riparian buffers prior to flowing into surface waters.
`2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
NA
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
14. DWQ Stormwater Pro ram Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply ❑ORW
(check all that apply): ❑Session Law 2006-246
❑X Other: None
4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
Wilmington
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑X Other: None
❑ Yes ❑X No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑X Yes
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) Please see the Approved Categorical Exclusion Form (Appendix E of the Detailed Yes
Comments: Mitigation Plan)
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ No
❑ No
❑ Yes ❑X No
❑ Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
NA - No sewage will be generated by the proposed project.
Page 9of10
PCN Form — Version 1 4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or 0 Yes
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ No
X❑ Yes ❑ No
Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Raleigh Field Office Website, informal Section 7 consultation
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries Essential Fish Habitat Mapper v2.0 (online)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑X No
❑X No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
.Consultation with SHPO
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? X❑ Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
A FEMA Floodplain Requirements Checklist was completed, and a CLOMR/LOMR will not be needed for this project due to no fill
8c. What source(s) did you use to make the floodplain determination?
FEMA DFIRM panel number 372002200J
Applicant/Agent's Printed Name
Worth Creech
Restoration Systems, LLC
Co-Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the aoplicant is provided.
Co-Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
Date
12/03/19
Date

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00087 County: Columbus U.S.G.S. Quad: NC- Chadbourn
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Michael W. Shaw
1223 Braswell Road
Chadbourn, NC 2429
Permittee: JD Hambv — Restoration ftstems, LLC
1101 Havnes Street Suite 211
Raleish NC. 27604
Size (acres) 9_0
Nearest Waterway Greene Branch
USGS HUC 03040203
Nearest Town Chadbourn
River Basin Lower Pee Dee
Coordinates Latitude:34.3193
Longitude:-78.8666
Location description: The Project area is ag),Vroximately 9 acres north of Blackwell Road. south of Braswell Road east
of Joe Piver Road west of Walls Lane Lower Pee Dee River Columbus County North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters 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 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.
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.
Page 1 of 2

#FOLDER DA NUMBER#
_ 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 . 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 Thomas Charles at
910-251-4101 or Thomas. .charles(a.-.usace.arm .mil.
D. Basis For Determination: The proiect area exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and approoriate Regional Supplement. This determination is based on information submitted b
JD Hamby — Restoration Systems. LLC and a site visit b► Thomas Charles 1/10/2019 . Please see attached PJD form.
D. Remarks: This determination is onlr for the_proiect area depicted in solid red, Shaws Run Easement=8.5 ac on the
attached fieures 3a & 3b Wetland Delineation. Shaws Run Stream and Wetland Mitieation site may dated 11/2018.
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 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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
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 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.
Corps Regulatory Official:
Date: 3/11/2019. Expiration Date: N/A.
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
htti)://corr)smapu.usace.armv.mil/cm a ex/f?=136:4:0.

NUMBER#
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL,
Applicant: JD Hamby — Restoration Systems, LLC I File Number: SAW-2019-00087
Date: 3/11/2019
Attached is: Shaws Runn Stream and Wetland Mitigation Site Figure 3a & 3b
Dated 11/2018
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
_
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
I - The fnllnwina idantifinq vnnr riahtc and nntinne rPonrAincr an ...n...I of+ho .1,...,o A ---
Additional information may be found at htt://www.usace.armv.mil/Missions/Civi]Works/Re ulatorvPro ramandPennits.aslix 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 division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

#FnI,DER DA NUMBER#
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 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: Thomas Charles CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403 60 Forsyth Street, Room 1OM15
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 o ortuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Thomas Charles, 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. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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