20210471 Ver 1_C5d.SAW-2020-01392 PJD_20210405

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01392 County: Harnett U.S.G.S. Quad: NC- Lillington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Esplanade Communities of Florida, LLC
Mark Lyczkowski
Address: 3000 Gulf Breeze Parkway
Gulf Breeze, Florida 32563
Telephone Number: 919.842.0334
E-mail: mlyczkowski(aesplanadecommunities.com
Size (acres) 108 Nearest Town Lillington
Nearest Waterway Neils Creek River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 35.456708
Longitude: -78.813511
Location description: The proiect is located on the south side of Ballard Road, east of Mackenzie Court and south-southwest of
Pylant Tree Lane north of Lillington, Harnett 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 11/13/2019, revised
09/24/2020. 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.

SAW-2020-01392
❑ 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
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 on DATE. 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 910.251.4657 or
emily.c.2reer(ausace. army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/31/2020.
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: Jason Steele, 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 Not applicable.
**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.1385325300 Digitlly Dalea2020.1 signed
byGRE05 OMIOLY.C.1385325300
Corps Regulatory Official:
Date of JD: 12/31/2020 Expiration Date of JD: Not applicable

SAW-2020-01392
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.army.mil/cmapex/f?p=136:4:0
Copy fumished:
Agent:
E-mail:
Headwater Environmental
Nick Creidler
nick(a,headwaterenvironm ental. co m

SAW-2020-01392
APPEAL OPTIONS AND PROCESS AND
FOR APPEAL
NOTIFICATION OF ADMINISTRATIVE
REQUEST
Applicant:
Mark
Esplanade Communities of Florida, LLC,
File Number: SAW-2020-01392
Date: 12/31/2020
Lyczkowski
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
/1
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
or
I - The following identifies your rights and options
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
regarding an administrative appeal
of the above decision.
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 fmal
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
• ACCEPT: If you received a Standard Permit, you may
authorization. If you received a Letter of Permission (LOP),
signature on the Standard Permit or acceptance of the
rights to appeal the permit, including its terms and conditions,
permit.
• APPEAL: If you choose to decline the proffered permit
you may appeal the declined permit under the Corps of
this form and sending the form to the division engineer.
of the date of this notice.
the permit
sign the permit document and return
you may accept the LOP and
LOP means that you accept the permit
and approved jurisdictional
(Standard or LOP) because of
Engineers Administrative Appeal
it to the district engineer for fmal
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
This form must be received by
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:
infoiivation.
•
•
APPROVED JURISDICTIONAL DETERMINATION:
ACCEPT: You do not need to notify the Corps to accept
date of this notice, means that you accept the approved
APPEAL: If you disagree with the approved JD, you
Administrative Appeal Process by completing Section
You may accept or appeal the approved JD or provide new
an approved JD. Failure to notify the Corps within 60 days of the
JD in its entirety, and waive all rights to appeal the approved JD.
may appeal the approved JD under the Corps of Engineers
II of this form and sending the form to the district engineer. This form
of the date of this notice.
must be received by the division engineer within 60 days

SAW-2020-01392
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.
1
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
objections are addressed in the administrative record.)
additional information to this form to clarify where your reasons or
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
record.
the location of information that
is already in the administrative
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
Attn: Emily Greer
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
Wilmington Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
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 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: 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. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/31/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Esplanade Communities of Florida, LLC, Mark
Lyczkowski, 3000 Gulf Breeze Parkway,Gulf Breeze, Florida 32563
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Kipling Site/Ballard
Road/Harnett/Esplanade Communities of Florida, SAW-2020-01392
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located on the south side of
Ballard Road, east of Mackenzie Court and south-southwest of Pylant Tree Lane north of Lillington, Harnett County,
North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Harnett City: Lillington
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.456708 Longitude: -78.813511
Universal Transverse Mercator:
Name of nearest waterbody: Neills Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 12/31/2020
['Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
reviewresources
area (acreage
and linear feet, if
applicable
Type of aquatic
(i.e.,
wetland vs. non
wetland waters)
Geographic authority to
which the aquatic resource
"may be" subject (i.e.,
Section 404 or Section
10/404)
Wetland A
35.456909
- 78.811538
19.75 ac
Wetland
404
Wetland
AA
35.454817
- 78.809397
1.47 ac
Wetland
404
Wetland
A3
35.453454
- 78.810531
0.899-ac
Wetland
404
Wetland
A4
35.455360
- 78.815179
26.63 ac
Wetland
404
C ellek
35.454751
- 78.810470
2,150If
wetland
wls ater
404
Stream A
35.453508
- 78.810021
150 If
Non wetland
water
404
Stream B
35.454110
- 78.814210
3, 200 If
Non -wetland
water
404
Stream C
35.454445
- 78.814646
375 If
Non -wetland
water
404

Stream D
35.456241
- 78.815260
315 If
Non -wetland
water
404
Stream E
35.458162
- 78.816675
210 If
Non -wetland
water
404
Stream F
35.455901
- 78.815501
320 If
Non -wetland
water
404
Stream G
35.454787
- 78.814742
310 If
Non -wetland
water
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 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:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Kipling Site Wetland Delineation Map dated 11/13/2019, revised 9/24/2020
® 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. 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.
U.S. Geological Survey map(s). Cite scale & quad name- 1-24k, Lillington, NC
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
® National wetlands inventory map(s). Cite name- USFWS Online Wetland Mapper
❑ State/local wetland inventory map(s):
FEMA/FIRMmaps: FEMA.gov
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): SAW Regulatory GIS Viewer
or ®Other (Name & Date): LiDar
❑ Previous determination(s). File no. and date of response letter:
❑ Otherinfonnation (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.
GREER.EMILY. D EiERIEMLY.c.1385325300
C.1385325300 a e: 2020.12.31 19:28:40
Nicholas Creidler Digitally signed by Nicholas Creidler
Date: 2020.08.07 12:58:01 -04'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
12/31/2020 (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.

This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was completed by Headwater
Environmental, Inc. (Headwater) on November 21-22, 2019. The wetland, stream, and ditch locations were recorded with the
Trimble Geo7x GPS device. Headwater recommends coordinating with the U.S. Army Corps of Engineers and North Carolina
Division of Water Resources.
Legend
C
C
•
Site boundary
Perennial stream
Intermittent stream
Existing access road
Beaver pond
Wetland
Data point
Site 110.28 acres
Wetland A 19.75 acres
Wetland AA 1.47 acres
Wetland A3 0.8-acre
Wetland A4 26.63 acres
Feet
0 250 500 1,000
Headwater
ENVIRONMENTAL INC.
Date:
Prepared by:
11/13/2019
Revised 9/24/2020
NJC
SOURCE
ESRI
World Basemap Imagery (2017)
Site Reconnaissance
November 20-21, 2019
1 inch = 500 feet
FIGURE 7
WETLAND DELINEATION MAP
Kipling Site
Ballard Road
Fuquay-Varina, Harnett County
North Carolina
Headwater Project # 201932