20200053 Ver 1_Rutherford Lots JD March 2015_20200108

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-01862 County: New Hanover U.S.G.S. Quad: Carolina Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Owner: Mr. Kelly Rutherford Agent: Land Management Group, Inc.
Attn: Kim Williams
Address: 3524 Stancil Street 3805 Wrightsville Ave, Suite 15
Vireinia Beach, VA 23452 Wilmineton, NC 28403
Phone No. [phone]
Property description:
Size (linear feet) 0.22 Nearest Town Carolina Beach
Nearest Waterway Carolina Lake River Basin Lower Cape Fear
USGS HUC 03030005 Coordinates N 34.0247 W-77.9027
Location description: The project area is located at_1237 Pinfish Lane and 604 N. Carolina Ave in Carolina Beach,
New Hanover County, North Carolina. Parcel ID #s are R09013-007-009-000 and R09013-007-010-000.
Indicate Which of the Following ADDIv:
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). 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.
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 pyoject area subject to the permit
requirements of Section 404 of the Clean Water Act CWA 33 USC 4 1344). [Jnless there is a change in the law or
our published re ulations (his determination may h relied upon fora Reriod not to exceed five lears from tlae 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. includin2w_e_tlandson your proiect area have been delineated and the delineation has been
verified bv the Corns. We strangly_sucgest you have this delineation surveyed.�tlpon completion, this survey
should he reviewed and verified by the Cotes. Once verified, this survey will provide an accurate depiction of all
areas subject to CWA jurisdiction oat ynur property which, groyided there is no change in the law or our published
regulations, may be relied upon for a period net 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 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.
Page 1 of 2

X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Mana ement Act(CA MA . You should contact the Division of Coastal Mana ement 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 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 Hughes at [phone].
C. Basis For Determination
The site exhibits wetland criteria as defined in the 1987 Wetland Delineation Manual and its a p ro riate regional
sulMlement, which is adlacent to Carolina L.;ike which drains to the Cape Fear River via Hen niker's Ditch. This
determination is based on information provided by Land Illana ement Group, Ine. and a site visit conducted by mLIX
Hughes on 10/8/2014.
D. Remarks
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 May 21, 2015.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
HUGHES.EMILY.BURTON.128907366 DONiC_US,I_"UdS.Gove-ant,--o0—NO
PKI9,u USA,
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Corps Regulatory Official: Date: 201503.2316:0252-0400'
Date: 3/23/2015 Expiration Date: 3/23/2020
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 attached customer Satisfaction Survey or visit http://per2.nwp.usace.army.miI/survey.html to
complete the survey online.

L:\WETLANDS\2014 WETLANDS FILES\01-14-178 Carolina Beach lots, Kelly Rutherford\mapset.cdr
NOTE: This is not a survey. All boundaries and distances are considered approximate.
This represents a preliminary sketch prepared from field notes. A survey of delineated
areas and review and approval by the US Army Corps of Engineers is recommended prior
to specific site planning.
Map Source: 2012 NAPP Aerial Photography SCALE 1" = 30'
Carolina Beach Lots
Kelly Rutherford LMG Figure 7
.,,
New Hanover County, NC www.LMGroup.net Aerial Photograph w/
September 2014 Phone: [phone].LMG.1078 Preliminary Upland/Wetland
01-14-178 Fax [phone] Sketch Overlay
3805 Wrightsville Avenue
Wilmington, NC 28403