20201663 Ver 1_Sanctuary AJD_20201124

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2011-01979 County: New Hanover U.S.G.S. Quad: NC- Scotts Hill

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: TDR-HL, LLC Agent: Land Management Group
John Elmore Will Bland Kim Williams
Address: PO Box 381 3805 Wrightsville Ave
Wrightsville Beach, NC 28480 Suite 15
Wilmington, NC 28403

Size (acres) 6.6 Nearest Town Wilmington
Nearest Waterway Smith Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.297122
Longitude: -77.829009

Location description: Project area is located east of Murrayville Road and north of the existing Sanctuary at the Reserve
Subdivision in Murrayville, New Hanover County, North Carolina.

Indicate Which of the Following Apply:
A. Preliminary Determination
܆܆ There appear to be waters, including wetlands on the above described project area/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). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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 appear to be waters, including wetlands on the above described project area/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,
including wetlands on your project area/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 project area/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, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless ther e 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, including wetlands on your project area/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, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
SAW-2011-01979
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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. 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/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.
܈ 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 in Wilmington, 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 Rachel Capito at (910)-251-4487 or
[e-mail].

C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 10/23/2020.
D. Remarks: None.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the parti cular 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: Phillip Shannin, 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 12/22/2020.
**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 of JD: 10/23/2020 Expiration Date of JD: 10/22/2025
CAPITO.RACHEL.ANN.1
536276790
Digitally signed by
CAPITO.RACHEL.ANN.1536276790
Date: 2020.10.23 13:44:09 -04'00'

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: TDR-HL, LLC, John Elmore Will Bland File Number: SAW-2011-01979 Date: 10/23/2020
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 or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the 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 district 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
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
Attn: Rachel Capito
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, 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: Rachel Capito, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Page 2 of 2 Form Version 10 June 2020_updated
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD):10/23/2020
ORM Number:SAW-2011-01979
Associated JDs:N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE).
Review Area Location1: State/Territory:NC City: Wilmington County/Parish/Borough:New Hanover
Center Coordinates of Review Area: Latitude 34.297122 Longitude -77.829009
II. FINDINGS
A. Summary:Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
܆ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale:N/A or describe rationale.
տ There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section II.B).
܈ There are “waters of the United States” within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
܈ There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination
N/A.N/A.N/A N/A.N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
(a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination
N/A.N/A.N/A.N/A.N/A.
Tributaries ((a)(2) waters):
(a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination
6.536 linear
feet
(a)(2) Intermittent
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Feature connects with perennial feature downstream
and has OHWM
1 Map(s)/figure(s) are attached to the AJD provided to the requestor.
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Ac t Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

Page 2 of 2 Form Version 10 June 2020_updated
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination
N/A. N/A. N/A. N/A. N/A.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination
N/A. N/A. N/A. N/A. N/A.
D. Excluded Waters or Features
Excluded waters ((b)(1) – (b)(12)):4
Exclusion Name Exclusion Size Exclusion5 Rationale for Exclusion Determination
Excluded Ditch 1 601.76 linear
feet
(b)(5) Ditch that is
not an (a)(1) or
(a)(2) water, and
those portions of
a ditch
constructed in an
(a)(4) water that
do not satisfy the
conditions of
(c)(1).
Mapped soil types in the area of the feature are Murville Fine Sand
(Mu) and Leon sand (Le). Both soil types are hydric, though they
have been drained. Although hydric soils are present, the man-
made feature did not appear to:
1. meet wetland criteria under 328.3(c)(16) throughout its length;
2. be constructed in an adjacent wetland or a tributary;
3. be a relocated tributary; or
4. extend the OHWM of an (a)(1), (2), or (3) water. Additionally, the
presence of observable flow only in direct response to a rain event
and the lack of a continuous OHWM indicate less than intermittent
flow.
In addition to the above, a review of available data referenced
below, including field observations made during various years and
climatic conditions, and the jurisdictional exclusion of the feature
under a Rapanos determination support the assertion that the
feature is excluded from NWPR jurisdiction.
Excluded Ditch 2 400 Linear
feet
(b)(5) Ditch that is
not an (a)(1) or
(a)(2) water, and
those portions of
a ditch
constructed in an
(a)(4) water that
do not satisfy the
conditions of
(c)(1).
Mapped soil types in the area of the feature are Murville Fine Sand
(Mu) and Leon sand (Le). Both soil types are hydric, though they
have been drained. Although hydric soils are present, the man-
made feature did not appear to:
1. meet wetland criteria under 328.3(c)(16) throughout its length;
2. be constructed in an adjacent wetland or a tributary;
3. be a relocated tributary; or
4. extend the OHWM of an (a)(1), (2), or (3) water. Additionally, the
presence of observable flow only in direct response to a rain event
and the lack of a continuous OHWM indicate less than intermittent
flow.
In addition to the above, a review of available data referenced
below, including field observations made during various years and
climatic conditions, and the jurisdictional exclusion of the feature
under a Rapanos determination support the assertion that the
feature is excluded from NWPR jurisdiction.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
܈ Information submitted by, or on behalf of, the applicant/consultant: Sanctuary at Hanover Reserve
This information is sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
տ Data sheets prepared by the Corps: Title(s) and/or date(s).
տ Photographs: Select. Title(s) and/or date(s).

4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so.
Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

Page 2 of 2 Form Version 10 June 2020_updated
܈ Corps site visit(s) conducted on: 9/9/20
܈ Previous Jurisdictional Determinations (AJDs or PJDs): SAW-2011-01979 January 13, 2012
տ Antecedent Precipitation Tool: provide detailed discussion in Section III.B.
܈ USDA NRCS Soil Survey: GIS Soils Data
տ USFWS NWI maps: Title(s) and/or date(s).
܈ USGS topographic maps: USGS Scotts Hill Topographic Quad
Other data sources used to aid in this determination:
Data Source (select) Name and/or date and other relevant information
USGS Sources N/A.
USDA Sources GIS Soils Data
NOAA Sources N/A.
USACE Sources N/A.
State/Local/Tribal Sources N/A.
Other Sources LiDAR
B. Typical year assessment(s): N/A or provide typical year assessment for each relevant data source used
to support the conclusions in the AJD.
C. Additional comments to support AJD: Ditches onsite were dug in high ground and are not considered
jurisdictional. Under the previous authorization dated 12/14/11 the Corps agreed that the ditch features
onsite were not jurisdictional.
R
(VUL+(5(*DUPLQF2SHQ6WUHHW0DSFRQWULEXWRUV

)HHW
6FDOHDSSOLHVWR;SULQW
:ULJKWVYLOOH$YHQXH
:LOPLQJWRQ1&

Figure 7
Section 404/401 Delineation -
Preliminary Sketch
6DQFWXDU\DW+DQRYHU5HVHUYH
1HZ+DQRYHU&RXQW\1&
0DS'DWH
/0*
/?:(7/$1'6?:(7/$1'6),/(6?/0*6DQFWXDU\DW+DQRYHU5HVHUYH+'&,QF?0DSV
%RXQGDULHVDUHDSSUR[LPDWHDQGQRWPHDQWWREHDEVROXWH
0DS6RXUFH1HDU0DS$HULDO3KRWRJUDSK\
7KLV LV QRW D VXUYH\  $OO ERXQGDULHV DQG GLVWDQFHV DUH FRQVLGHUHG
DSSUR[LPDWH7KLV UHSUHVHQWVDSUHOLPLQDU\ PDSSUHSDUHG IURPILHOG
VNHWFKHV$VXUYH\RIGHOLQHDWHGDUHDVDQGUHYLHZDQGDSSURYDOE\WKH
86$UP\&RUSVRI (QJLQHHUVLV UHFRPPHQGHGSULRU WRVSHFLILFVLWH
SODQQLQJ1RWH3URMHFW$UHDLVSRUWLRQRI$FWLRQ,'6$:
¯
Legend
3URMHFW$UHDaDF
8SODQGVaDF
:DWHUVRIWKH86aOI
1RQ-XULVGLFWLRQDO'LWFKHVaOI
R 'DWD3RLQW/RFDWLRQ