I-5987 PJD tearsheet

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01276 County: Cumberland/Robeson Counties U.S.G.S.Quad: Saint Pauls
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant: North Carolina Department of Transportation
c/o Mr.Greg Price,Division 6,DEO
Address: P.O.Box 1150
Fayetteville,NC 28302
Telephone Number: 910-364-0835
Size(acres) —1,739 ac Nearest Town Lumberton/St.Paul's
Nearest Waterway Fivemile Branch/Big Marsh SwamoBrisson Branch/Cold Camp Creek/Cowpen Branch/Gray's
Creek/Horsepen Branch/Little Marsh Swamp/Long Branch/Meadow Branch/Mercer
Branch/Ten Mile Swamp
River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 34.793904779415
Longitude:-78.962286007984
Location description: The project site is approximately 21 miles in length,located in waters along the I-95 corridor
from Exit 20 in Robeson County,in Lumberton,north to Exit 41 in Cumberland County,near the Town of Hope Mills,
in North Carolina.STIP No: 1-5987
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters,including wetlands, on the above described proiect area, that may be subiect to Section 404 of
the Clean Water Act(CWA)(33 USC 4 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.
_ 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.
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SAW-2019-01276
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. 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
(LAMA). 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,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 Sarah Hair at(910)
251-4049 or Sarah.E.HairAusace.army.mil.
C. Basis For Determination: N/A.An Approved JD has not been completed.
D. Remarks: Joint site visits by representatives of the Corps,NC DOT,NC DWR, and NV5
(Calyx)were conducted on January 15, 2019,April 10, 2019,April 7, 2019, and July 10, 2019. Refer
to maps/figures dated December 4, 2019, submitted with the December 5, 2019 PJD request.
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: Philip Shannin,Appeal Review Officer
60 Forsyth Street SW,Room 10M15
Atlanta,Georgia 30303-8801

SAW-2019-01276
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. HAIR.SARAH.EA. g ned b Y
Digitallysigned
Corps Regulatory Official: HAIR.SARAH.EA.1054693512
1054693512 --mat . -
Date: April 16,2020 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
http:Hcorpsmgpu.usace.army.mil/cm_apex/f?p=136 A:0.
Electronic Copy Furnished:
Mr.Jim Rerko,NC DOT Division 6
Ms.Joanne Steenhuis,NC DWR
Ms.Jennifer Harrod-NV5

SAW-2019-01276