20210607 Ver 1_SAW-2018-00888-AJD+PJDletter_20210405

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00888 County: Franklin County U.S.G.S. Quad: Franklinton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: S&EC
Kevin Martin
Address: 8412 Falls of Neuse Road
Suite 104
Raleigh, North Carolina 27615
Telephone Number:
Size (acres) 89 (approximately) Nearest Town Franklinton
Nearest Waterway Cedar Creek River Basin Pamlico
USGS HUC 03020101 Coordinates Latitude: 36.089381
Longitude: -78.4704288
Location description: The site is located immediately north of the US Highway 1, Main Street intersection, in
Franklinton, Franklin County, North Carolina and is identified as Essex Place.
Both an Approved Jurisdictional Determination (AJD) and a Preliminary Jurisdictional Determination (PJD) were
conducted at this site. The specific waters that were reviewed under the AJD are identified as follows: Wetlands
W5/DM 03 CL, and W6; pond P2. These features are bounded by a solid yellow polygon (project area) approximately 4
acres in size. The specific waters that were reviewed under the PJD are as follows: Tributaries Cedar Creek, Si and S2;
Wetlands Wl, W2, W3, W4, W7, W8, W9, W10, W11 and Pond (impoundment) Pl. These 3 tributaries, 9 wetlands and
1 pond/impoundment are also shown on the attached map and include all potential waters not reviewed under the AJD.
The project area for these waters are bounded by a solid red polygon (approximately 85 acres), and exclude the area
bounded by the solid yellow polygon, described above (See attached map).
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
Page 1 of 2

SAW-2018-00888
§ 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.
_ 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.
X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at
[phone] or Andrew.E.Williams2(ausace.armv.mil.
C. Basis For Determination: See attached Approved JD forms.
D. Remarks: See attached Preliminary Jurisdictional Form
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15

SAW-2018-00888
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 January 6, 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. Digitally signed by
GIBBY.JEAN.B.1229783633 GIBBYJEAN.B.1229783633
Corps Regulatory Official: Date: 2019.11.07 09:21:07 -05'00'
Date: November 7, 2019
Expiration Date: November 7, 2024 (AJD only)
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 (via email):
Bob Polanco
Franklin Acquisitions, LLC
8804 Albright Road
Raleigh, North Carolina 27612

SAW-2018-00888
911
PROCESS AND
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Kevin Martin S&EC
File Number: SAW-2018-00888
Date: November 7, 2019
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
1<
APPROVED JURISDICTIONAL DETERMINATION
D
1<
SECTION
Additional
Corps
PRELIMINARY JURISDICTIONAL DETERMINATION
I - The following identifies your rights and options
information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
regarding an administrative
E
appeal of the above decision.
or
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
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,
permit, including its terms and conditions, and approved jurisdictional determinations associated
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
terms and conditions therein, you
by completing Section II of this form
within 60 days of the date of
and sending the form to the division engineer. This form must be received by the division engineer
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
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
the division engineer within 60 days of the date of this notice.
approved JD or
60 days of the date of
JD.
Engineers Administrative
form must be received by

SAW-2018-00888
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: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding
also contact:
Mr. Philip Shannin, Administrative
the appeal process you may
Appeal Review Officer
South Atlantic Division
CESAD-PDO
U.S. Army Corps of Engineers,
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,
consultants, to conduct investigations of the project site during the course of the appeal process.
notice of any site investigation, and will have the opportunity to participate in all site investi
and any government
You will be provided a 15 day
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: Andrew Williams, 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. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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Legend
Area For AJD
Area For PJD
Perennial Stream
G=000 Intermittent Stream
Linear Wetland
.D„o Isolated Linear Wetland
Wetland
Open Water
90 TT PL
\
\
\
Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only
S&EC reserves the right to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped
using
topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC's detailed delineation should be approved and
permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features flagged by
S&EC, they should retain a NC Registered Professional Land Surveyor to
locate S&EC's flagging.
Cedar Creek
•
r
•t .
Project Number:
13512.W1
Project Manager:
Scale:
KM
1"=300'
Map Title: Figure 3 - Sketch Map
Essex Place
Franklin County, NC
0 150 300
600 Feet
Date:
5/22/18
Source:
NC One Map
Soil & Environmental Consultants, PA
�,11 :• i % 1.04 ,a. ,%:,•F ::9,9,E. • Fax: :9:9:S.9,,,