HomeMy WebLinkAbout20200967 Ver 2_Meeting Request Review Doc Attachment_20201007 (3) U.S.ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01315 County: Durham County U.S.G.S. Quad: Southeast Durham
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Research Triangle LTD
Frank Schrimsher
Address: 600 E Colonial Drive Suite 100
Orlando,FL,32803
Telephone Number: 407-493-9293
Size(acres) 18.7 Nearest Town Durham
Nearest Waterway Burdens Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude:35.877077
Longitude:-78.854479
Location description: The project area is identified as an approximate 18.7-acre tract of land,located off Hopson Road in
Durham County,North Carolina.Please refer to the attached map,highlighting the project boundary in red.
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.
_ 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.
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SAW-2020-01315
_ 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(252)808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Depai ttaient 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 April R.Norton at(919)554-4884 X 57 or
April.R.Norton(a,usace.army.mil.
C. Basis for Determination: N/A.An Approved JD has not been completed.
D. Remarks: None.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request.This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985,as amended.If you or your tenant are USDA program participants,or anticipate participation in USDA programs,you should
discuss the applicability of a certified wetland determination with the local USDA service center,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: Mr.Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW,Floor M9
Atlanta,Georgia 30303-8803
AND
PHILIP.A.SHANNIN@USACE.ARMY.MIL
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.
SAW-2020-01315
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. ll
Corps Regulatory Official: 4G /e 462ii-
Date: August 28,2020
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 our Customer Satisfaction Survey,located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
Copy Furnished:
Kimlev-Horn
William Sullivan
421 Fayetteville Street Suite 600
Raleigh,NC,27601
SAW-2020-01315
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Frank Schrimsher,Research Triangle LTD File Number: SAW-2020-01315 Date:August 28,2020
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
El 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.
• 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.
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
SAW-2020-01315
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 also
appeal process you may contact: contact:
District Engineer,Wilmington Regulatory Division,Attn: US Army Corps of Engineers
April Norton South Atlantic Division
3331 Heritage Trade Drive Attn: Mr.Philip A.Shannin
Wake Forest,North Carolina 27587 Administrative Appeal Review Officer
60 Forsyth Street SW,Floor M9
Atlanta,Georgia 30303-8803
PHILIP.A.SHANNIN(a/USACE.ARMY.MIL
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 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.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn:April Norton,3331 Heritage Trade Drive,Wake Forest,
North Carolina 27587
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.Philip Shannin,
Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: (404)562-5137,PHILIP.A.SHANNIN(u,USACE.ARMY.MIL
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 28-AUG-2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Frank Schrimsher
Research Triangle Ltd
600 E Colonial Drive Suite 100
Orlando, FL 32803
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW, Davis Park East - Pod B / Durham / Durham County, SAW-2020-01315
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC
RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Durham County City: Durham
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.877077° Long.: -78.854479°
Universal Transverse Mercator: 17
Name of nearest waterbody: Burdens Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑X Office (Desk) Determination. Date: 08/28/2020
IM Field Determination. Date(s): 08/11/2020
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
Site Number Latitude(decimal Longitude Estimated amount Type of aquatic Geographic
degrees) (decimal degrees) of aquatic resource(i.e., authority to which
resource in review wetland vs.non- the aquatic
area(acreage and wetland waters) resource"may be"
linear feet,if subject(i.e.,
applicable) Section 404 or
Section 10/404)
S1 35.876965 -78.853512 225 feet Non-wetland waters Section 404
W1 35.876967 -78.85564 0.03 acres Wetland Section 404
W2 35.876933 -78.853616 0.05 acres Wetland Section 404
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 aware
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.
Page 1 of 3
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
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 PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where indicated
for all checked items:
_X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: William Sullivan
Map: Figures 1 - 5.
_X_ Data sheets prepared/submitted by or on behalf of the PJD requestor.
_X_ Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report. Rationale:
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.
_X_ U.S. Geological Survey map(s). Cite scale & quad name: 1:24:000/Southeast Durham.
_X_ Natural Resources Conservation Service Soil Survey. Citation: Durham County (1976).
National wetlands inventory map(s). Cite name:
State/local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: . (National Geodetic Vertical Datum of 1929)
Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.
Page 2 of 3
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
_X_ Photographs: _X_ Aerial (Name & Date): NC Orthoimagery (2017).
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.
444d Date: 2020.08.28 J ' 9i2i2020
11 :50:22 -04'00'
Signature and date of Regulatory staff Signature and date of person requesting
member completing PJD PJD (REQUIRED, unless obtaining the
signature is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.
Page 3 of 3
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Figure 3:Potentially Jurisdictional Waters Features Map
Kimle >>>Horn Davis Park East-Pod B
Y ,y, 20200828 Durham,Durham County, NC
July 2020