20161200 Ver 2_Millstone JD_20200619

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2019-01363 County: RANDOLPH U.S.G.S. Quad: COLERIDGE

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner: Joe Dean Cox & Billie W. Cox
Address: 5567 Joe Dean Trail
Ramseur, North Carolina 27613

Requestor: NCDEQ DMS
Ms. Melonie Allen
Address: 1652 Mail Service Center
Raleigh, North Carolina 27699

Size (acres) ~18 Nearest Town Ramseur
Nearest Waterway Millstone Creek River Basin Cape Fear
USGS HUC 03030003 Coordinates Latitude: 35.696683
Longitude: -79.623956

Location description: The project area is identified as an approximate 18 acre tract of land, located on Randolph
County, North Carolina Parcel 8710492424. This parcel is located at 5567 Joe Dean Trail, Rameur, Randolph County,
North Carolina.

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.

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.

SAW-2019-01363 Millstone Creek DMS Site

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
(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 Ms. Samantha
Dailey at 919-554-4884, ext. 22 or by email at [e-mail].

C. Basis For Determination: N/A. An Approved JD has not been completed.

D. Remarks: Refer to the enclosed Preliminary JD Form and Millstone Creek ID 204
Jurisdictional Features Map 8_29_19 for a detailed evaluation of the aquatic resources on-site.

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
SAW-2019-01363 Millstone Creek DMS Site

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.

Corps Regulatory Official: ______________________________________________________

Date: March 11, 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://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

DAILEY.SAMANTHA.J
.1387567948
Digitally signed by
DAILEY.SAMANTHA.J.1387567948
Date: 2020.03.11 11:22:37 -04'00'
SAW-2019-01363 Millstone Creek DMS Site
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Joe Dean Cox & Billie W. Cox File Number: SAW-2019-01363 Date: March 11, 2020
Attached is: 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 division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
SAW-2019-01363 Millstone Creek DMS Site

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
Raleigh Regulatory Field Office
Attn: Samantha Dailey
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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, Attn: #PM_FULLNAME#, 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]

APPENDIX 2

PRELIMINARY JURISDICTIONAL DETERMINATION FORM

BACKGROUND INFORMATION

A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
March 11, 2020

B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:

Property Owner: Joe Dean Cox & Billie W. Cox
Address: 5567 Joe Dean Trail
Ramseur, North Carolina 27613

Requestor: NCDEQ DMS
Ms. Melonie Allen
Address: 1652 Mail Service Center
Raleigh, North Carolina 27699

C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Millstone Creek DMS Site, Randolph County,
SAW-2019-01377

D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Randolph County City: Ramseur
Center coordinates of site (lat/long in degree decimal format): Lat. 35.696683°N, Long. -79.623956° W.
Universal Transverse Mercator:
Name of nearest water body: Millstone Creek (Cape Fear River 03030003)

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
Office (Desk) Determination. Date:
Field Determination. Date(s): August 29, 2019

TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE” SUBJECT TO REGULATORY
JURISDICTION

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this
PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed
decision after having discussed the various types of JDs and their characteristics and circumstances when they may be
appropriate.

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 AJD for the activity, the permit applicant is hereby made
Site Number Latitude
(°N)
Latitude
(°W)
Estimated Amount
of Aquatic
Resources in
Review Area
Type of aquatic
resource (i.e.
wetland vs.
non-wetland)
Geographic authority
to which the aquatic
resource “may be”
subject (i.e. Section 404
or Section 10/404) Linear
Feet Acres
Wetland 35.69616 -79.62273 1.323 Wetland Section 404
Millstone
Creek 35.69681 -79.62174 2015 Non-Wetland Section 404
UT Millstone 35.69668 -79.62498 605 Non-Wetland Section 404
Northern
Tributary 35.69716 -79.6247 610 Non-Wetland Section 404
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms
and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less
compensatory mitigation being required or different special conditions; (3) 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) 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) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (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 PJD constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives 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 AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there “may be” waters of the U.S. and/or that there “may be” navigable waters of the U.S. on the subject review area, and
identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in
subject file. Appropriately reference sources below where indicated for all checked items:

Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: NCDEQ DMS submitted a Jurisdictional
Determination Request on June 20, 2019, with revisions received on August 29, 2019.
Data sheets prepared/submitted by or on behalf of the PJD requestor.
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: 1:24K, NC-Coleridge
USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: August 2019.
National wetlands inventory map(s). Cite name: SAW Regulatory Viewer – August 2019.
State/Local wetland inventory map(s): .
FEMA/FIRM maps: .
100-year Floodplain Elevation is: (National Geodetic 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): .

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)
DAILEY.SAMAN
THA.J.13875679
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Digitally signed by
DAILEY.SAMANTHA.J.1387
567948
Date: 2020.03.11 11:18:31
-04'00'
")22 MillstoneUt Millstone
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, USGS, AeroGRID, IGN,
and the GIS User Community
Legend
Millstone_JD_wetlands_revised_8_29_19
NCEEP_Conservation_Easements selection
channels
Reac h
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Norther n Tributary
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Millstone Creek ID 204 Jurisdictional Features Map 8_29_19
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, USGS, AeroGRID, IGN,
and the GIS User Community
Legend
#revised points 8_29_19
millstone proposed wetlands
Millstone_JD_wetlands_revised_8_29_19Soil_Bore
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Mapunit Symbol
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80 0 8040 Feet
.
Millstone C reek Jurisdictional Wetland & Soil B ore Map 8_2 9_19
total jurisdictional acreage = 1.323 ac.