20210296 Ver 1_Meeting Request Review_20210210

ID#* 20210296 Version* 1
Regional Office* Wilmington Regional Office - [phone]
Reviewer List* Holley Snider
Pre -Filing Meeting Request submitted 2/10/2021
Contact Name *
Contact Email Address*
Project Name*
Project Owner*
Project County*
Owner Address:
David Moose
[e-mail]
Pender County Health and Human Services
Pender County
Pender
Street Address
805 South Walker Ave.
Address Line 2
City
Burgaw
Fbstal / Zip Code
28425
Is this a transportation project?* r Yes r No
State / Province / Region
nc
Country
United States
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
W Individual Permit r- Modification
r- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Do you know the name of the staff member you would like to request a meeting with?
Holly Sinder
Please give a brief project description below.

AJD: SAW-2020-01223. Project area is located on the south side of
Burgaw and on the east of Progress Drive (Figure 1).
Parcel Numbers: 3229-60-0564-0000; 3229-60-0024-0000; 3228-59-
9798-0000;3228-69-1512-
0000; 3228-59-0395-0000; 3228-69-1138-0000. The project are consist
of 17.75 acres, which is
entirely mapped as Grantham Loam. 3 non -jurisdictional ditches, 4
tributaries and wetlands WA and WB were located on the site as well as 2
non -jurisdictional ponds. Wetland WB was jurisdictional to USACE.
Please give a couple of dates you are available for a meeting.
3/7/2021
Please attach the documentation you would like to have the meeting about.
eSAW-2020-01223 Pender Co HHS AJD.pdf 4.54MB
pdr only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
012111ke�elvll
Submittal Date 2/10/2021
Reviewer Meeting Request Decision
Has a meeting been scheduled?* 0 Yes U No

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01223 County: Pender U.S.G.S. Quad: NC- Burgaw
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Pender County Health and Human Services
Carolyn Moser
Address: 805 South Walker Avenue
Bumaw, North Carolina 28425
Telephone Number: 910.259.1200
E-mail: cmo( )pendercountvnc.gov
Size (acres) 17.75 Nearest Town Bur aw
Nearest Waterway Burgaw Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.54250
Longitude:-77.91769
Location description: The project area is located south of South Walker Street and east of South Dickerson Street in Burgaw,
Pender 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 wetlands on the above described project area/property 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, 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.
❑X 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 12/15/2020.

SAW-2020-01223
❑ 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 Emily Greer at 910.251.4567 or
emily.c.L,reer( )usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 01/05/2020.
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 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: 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 03/05/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
GREER.EMILY.C.138 Digitally signed by
GREER.EMILY.C.1385325300
Corps Regulatory Official: 5325300 _ Date: 2021,01.0516*22*48-05'00'
Date of JD: 01/05/2020 Expiration Date of JD: 01/03/2025

SAW-2020-01223
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Seni, Inc.
David Moose
E-mail: DMoose(&seniinc.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
W7 REQUEST FOR APPEAL
Applicant: Pender County Health and Human Services,
File Number: SAW-2020-01223
Date: 01/05/2020
Carolyn Moser
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
❑X
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.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.aspx
or the 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 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
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Emily Greer
CESAD-PDO
Wilmington Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
69 Darlington Avenue
Atlanta, Georgia 30303-8801
Wilmington, North Carolina 28403
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 opportum to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
M APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
(10 NAVIGABLE WATERS PROTECTION RULE
ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 05-JAN-2021
ORM Number: SAW-2020-01223
Associated JDs: NA
Review Area Location':
State/Territory: NC City: Burgaw County/Parish/Borough: Pender County
Center Coordinates of Review Area: Latitude 34.5425 Longitude-77.9176
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.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction
within the review area (complete table in section 11.13).
(X] There are "waters of the United States" within Clean Water Act jurisdiction within the review
area (complete appropriate tables in section II.C).
X❑ 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 (§ 1
10 Name 1 4 10 Size 1 4 10 Criteria
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters a 1 waters
a 1 Name a 1 Size a 1 Criteria
N/A I N/A I N/A N/A
Tributaries ((a)(2) waters):
Rationale for 4 10 Determination
Rationale for (a)(1) Determination
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Tributary 3
397 feet
(a)(2) Intermittent tributary
Mapped soils are Grantham loam which is an all hydric
contributes surface water flow
soil. Tributary flow path: Tributary 3 to Tributary 4. See
directly or indirectly to an (a)(1)
Tributary 4 discussion for offsite flow path to TNW.
water in a typical year
Tributary 3 was observed to have intermittent flow
during multiple site visits during wetter than normal and
normal conditions in June and November 2020,
respectively. The feature was excavated in hydric soils
and has an observable OHWM through its onsite reach.
These data in conjunction with the below typical year
data support the determination that Tributary 3
contributes intermittent surface flow to an a 1 water
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 Act 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 independent 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.
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.
Page 1 of 5 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
M APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
X
J
during a typical year.
Tributary 4
951 feet
(a)(2) Intermittent tributary
Mapped soils are Grantham loam, an all hydric soil.
contributes surface water flow
Tributary 4 was observed to have intermittent flow
directly or indirectly to an (a)(1)
during multiple site visits under wetter than normal and
water in a typical year
normal conditions in June and November 2020,
respectively. The tributary also exhibits an OHWM
within the onsite reach. Tributary 4 appears to flow
north from the site, pass under a culvert to a ditch, then
into Little Burgaw Creek. Little Burgaw Creek flows into
Burgaw Creek, then into the Northeast Cape Fear
River, which is a TNW as determined by the Wilmington
District and is approximately 5 miles from the site.
These data in conjunction with typical year data
referenced below support a determination that Tributary
4 contributes intermittent surface flow to an a(1) water
in a typical year.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
1a1131 Name I (a)(3) Size I 1a1131 Criteria I Rationale for 1a1131 Determination
Adjacent wetlands ((a)(4) waters :
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale fora 4 Determination
Tributary 1
410 feet
(a)(4) Wetland abuts an (a)(1)-(a)(3)
The feature meets the three wetland parameters and is
water
linear in dimension. The wetland abuts Tributary 4 at
one or morepoints; therefore, the wetland is adjacent.
Tributary 2
45.03 feet
(a)(4) Wetland abuts an (a)(1)-(a)(3)
The feature meets the three wetland parameters and is
water
linear in dimension. The wetland abuts Tributary 4 at
one or morepoints; therefore, the wetland is adacent.
Wetland WB
0.53 acres
(a)(4) Wetland abuts an (a)(1)-(a)(3)
The feature meets the three wetland parameters and is
water
linear in dimension. The wetland abuts Tributary 4 at
one or morepoints; therefore, the wetland is adjacent.
Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12))4:
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Adjacent
0.63 acres
(b)(1) Non -adjacent wetland
The wetland does not:
Wetland WA
1. abut a water identified in 33 CFR 328.3 (a)(1),
(2), or (3); nor
2. appear to be inundated by flooding from a water
identified in 33 CFR 328.3 (a)(1), (2), or (3) in a
typical year.
The wetland is not:
3. physically separated from a water identified in 33
CFR 328.3 (a)(1), (2), or (3) only by a natural berm,
bank, dune, or similar natural feature; nor
4. physically separated from a water identified in 33
CFR 328.3 (a)(1), (2), or (3) only by an artificial dike,
barrier, or similar artificial structure that allows for a
direct hydrologic surface connection between the
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 Act 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 independent 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.
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.
s 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.
Page 2 of 5 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
M APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
(10 NAVIGABLE WATERS PROTECTION RULE
wetland and the (a)(1), (2), or (3) water in a typical
year; therefore, the wetland is not adjacent.0
Ditch 1
200 feet
(b)(5) Ditch that is not an (a)(1) or
Mapped soil type in the area of the feature is Grantham
(a)(2) water, and those portions of a
loam, which is a hydric soil. Although hydric soils are
ditch constructed in an (a)(4) water
present, the
that do not satisfy the conditions of
man-made feature did not appear to:
(c)(1)
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, supports
a determination of exclusion from NWPR jurisdiction.
Ditch 2
312 feet
(b)(5) Ditch that is not an (a)(1) or
Mapped soil type in the area of the feature is Grantham
(a)(2) water, and those portions of a
loam, which is a hydric soil. Although hydric soils are
ditch constructed in an (a)(4) water
present, the
that do not satisfy the conditions of
man-made feature did not appear to:
(c)(1)
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, supports
a determination of exclusion from NWPR jurisdiction.
Ditch 3
911 feet
(b)(5) Ditch that is not an (a)(1) or
Mapped soil type in the area of the feature is Grantham
(a)(2) water, and those portions of a
loam, which is a hydric soil. Although hydric soils are
ditch constructed in an (a)(4) water
present, the
that do not satisfy the conditions of
man-made feature did not appear to:
(c)(1)
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, supports
a determination of exclusion from NWPR urisdiction.
Pond
0.19 acres
(b)(8) Artificial lake/pond
Mapped soil type in the area of the feature is Grantham
constructed or excavated in upland
loam, which is a hydric soil. Although hydric soils are
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 Act 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 independent 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.
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.
Page 3 of 5 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
or a non -jurisdictional water, so long
present, the
as the artificial lake or pond is not
man-made feature:
an impoundment of a jurisdictional
1. is not an impoundment of jurisdictional waters;
water that meets (c)(6)
and
2. does not contribute flow directly or indirectly to an
(a)(1) water in a typical year; therefore, the pond 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.
_X_ Information submitted by, or on behalf of, the applicant/consultant: Pender Count Health and
Human Services Jurisdictional Determination Request dated 13 July 2020, revised 17
December 2020.
This information is sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
_ Data sheets prepared by the Corps: Title(s) and/or date(s).
_X_ Photographs: Site photos dated 15 December 2020
_X_ Corps Site visit(s) conducted on: Date(s). 3 November 2020
_ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
_X_ Antecedent Precipitation Tool: provide detailed discussion in Section 11LB
_X_ USDA NRCS Soil Survey: MRCS Web Soil Survey
_X_ USFWS NWI maps: USFWS Web Soil Survey
_X_ USGS topographic maps: Burgaw, NC
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
N/A.
NOAA Sources
N/A.
USACE Sources
SAW Regulatory GIS Viewer, Current
State/Local/Tribal Sources
N/A.
Other Sources
LiDAR, Current
B. Typical year assessment(s):
Point -in -time data for the below dates and the selected geographic area (site) were determined to be
appropriate for this analysis based on the ability to compare current and past site conditions using
observational and quantitative data under normal conditions. Furthermore, it was determined that
these data provide enough information captured in various climatic conditions over an appropriate
scope of time in order to support all determinations made above.
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 Act 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 independent 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.
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.
Page 4 of 5 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
M APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
(10 NAVIGABLE WATERS PROTECTION RULE
ARD for June 29, 2020, (Consultant's site visit) reflect wetter than normal conditions specifically
occurring in May and June. The 3011/701h percentile for April 30-June 29 ranges from 2.4-6.2" with an
observed 9.7" of rainfall occurring in May. Conversely, ARD for November 3, 2020, (Corps site visit)
reflect normal conditions at the site. The 301h/701h percentile for September 4-November 3 ranges from
2.5-9.6" with an observed 8.7" of rainfall occurring in October.
C. Additional comments to support AJD: NA.
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 Act 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 independent 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.
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.
Page 5 of 5 Form Version 29 July 2020_updated

Little
Offsite guraw
Ditch 9
Creek
cal-
41
. •' �' �----.,. _ - - � ..=fir; _ ,' � -
/ ant l 1
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7

Autor.
f iT
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PATH
NE Cape
Fear
(TNW)
40 tA-J
&�G-JOIDgDft DDlinliam
MINUAM M

Adjacent Wetland WA
+1- 0.65 acres
Jurisdictional Wetland WB
+1- 0.53 acres
Legend
Project Area
® Wetlands
Non -Jurisdictional Pond
Tributary
Non -jurisdictional Ditch
Upland Data Point
+ Wetland Data Point
N 1 inch = 200 feet
0 100 200
Feet
Feature
Length +/- (feet)
Tributary 1
410.41
Tributary 2
45.03
Tributary 3
369.91
Tributary 4
950.72
Non -Jurisdictional Ditch 1
200.06
Non -Jurisdictional Ditch 2
312.12
Non -Jurisdictional Ditch 3
911.00
Wetland Features
Pender County, Burgaw
Health and Human Services
December 2020
Non jurisdictional Pond
+1- 0.19 acres
S=;)I