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Home My WebLink About20200174 Ver 1_B-5534 signed tear sheet final_20200204Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-00993 County: Du lin U.S.G.S. Quad: NC-KENANSVILLE NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: NCDOT-NEU, Eastern Manager Chris Rivenbark Address: 1598 Mail Service Center Raleigh, NC 27610-3428 Size (acres) 20.28 Nearest Waterway Persimmon Branch USGS HUC 03030007 Agent: Ecological Engineering, LLP Heather Smith 1151 SE Cary Parkway, Ste 101 Cary, NC 27518 Nearest Town Pink Hill River Basin Northeast Cape Fear Coordinates Latitude: 34.9363493443223 Longitude:-77.9332358015033 Location description: The proposed bridge replacement proiect area (B-5534) is located west of Pink Hill along NC Hwy 111, in Duplin County, NC over Burn Coat Creek. Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . 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. Please refer to package dated April 20, 2015 and received July 6, 2015. B. Approved Determination _ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ 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. Page 1 of 2 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 (252) 808-2808 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 Brad Shaver at 910-251-4611 or Brad.E.Shaver(a,usace.army. mil. C. Basis For Determination: The site contains both wetlands and streams. The wetlands have characteristics as defined in the 1987 Corps Delineation Manual and the appropriate regional supplement. The stream exhibits an ordinary high water mark and both ultimately drain to the Northeast Cape Fear River, a navigable water of the US. D. Remarks: The site was field verified during scoping on 4/28/2015. 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 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 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. * * Digitally signed by SHAVER.BRAD.E.1276601756 -0 r �) DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, 0-4 GVY'1"_ ou=USA, —SHAVER.BRAD.E.1 276601756 Corps Regulatory Official: Date: 2015.07.09 16:31:49 -04'00' Date: 7/9/2015 Expiration Date: N/A cc: Ecological Engineering, Ed Hajnos NCDENR-DWR, Mason Herndon 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://re ing latory.usacesurvey.com/.