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Home My WebLink About20071668 Ver 3_401 Application_20121212noch ngineer$ .A. Joe E. Godwin Sr, P.E., RLS. Consulting Engineers & Surveyors Fleet Temple, P.E. 1403 NC Highway 50 South Jwn E Godwin Benson, North Carolina 27504 September 27, 2012 US Awry Corps of Engineers Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, North Carolina 28402 -1890 Attn: Crystal Amschler Reference: Nationwide Permit 12 Request Harnett County PIN 9594 -69 -5906 Lexington Plantation Anderson Creek Township Cameron, North Carolina Enoch Engineers Project No. 3059 Dear Mrs. Amschler, ®ENR —FRc) DEC 0 6 2012 aJ V V (919) 894 -5731 (919) 8947765 F= (919) 894-8190 websiW: www.enochenghmmm Eawl ge=W@enochengrneemwm DI- I tob8 03 4 - Enoch Engineers has completed a Pre - Construction Notification (PM form for the site referenced above. The site is located approximately 18 miles North of Fayetteville, North Carolina along NC Highway 24/87 in the Lexington Plantation subdivision (Lat. 35.260208, Long. - 79.010002). Please review this application for verification and authorization of this activity discussed in the PCN. PRnIP T 42TTU re Dv Pro'ect ameD 'on 1 Lexington n Plantation/Subdivision j Pro Nationwide Permit No. 12 Owner /Applicant Lexington Plantation Holdings/Frank Floyd Name of nearest waterbody (index No.) Sys Swamp (18- 23 -29 -2) Rice Patch Branch-(18-23-29-3) NC River Basin Fear USGS Sub- Basin/HUCODE -8 Upper Cape Fear /03030004 Pale 1 of 2 / 6 Enoch Engineers appreciates your consideration of this project. Should you have any questions or comments about this project please contact Jason Godwin at (919) 894 -7765, extension 241. Respectfully, Enoch Engineers, PA Vor anon E. Godwin Attachments: PCN form Figures (3) Dec. 22, 2010 JD (per Ronnie Smith) cc: Frank Floyd Chad Turlington, DWQ Page 2 42 -�0f W AT E9o� � y o < Oifioe Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Informadon 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number. or General Permit (GP) number. 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 W Mer Quality Certification — Regular ® Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization Is. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes Cl No For the record only for Corps Permit: ❑ Yes ® No it is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance meter from mitigation bank or in -lieu fee program. ❑Yes No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes No 2. Project Information 2a. Name of project: Lexington Plantation 2b. County: Harnett 2c. Nearest municipality / town: Anderson Creek Township /Cameron 2d. Subdivision name: Lexington Plantation 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Lexington Plantation Holdings, LLC (Frank Floyd) 3b. Deed Book and Page No. Deed Book 02885 & Page No. 0380 3c. Responsible Party (for LLC if applicable): PF Development Group, Inc. L5 C. L ': nn 3d. Street address: P.O. Box 1328 UU U11 ga. may, state, zip: Cary, North Carolina 27512 Ott, 1 1 LU11 3f. Telephone no.: 919-469 -8078 _ 3g. Fax no.: QUAL IMTY 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: Jason Godwin 4c. Business name Enoch Engineers, PA (if annlimhlal 9 4d. Street address: 1403 NC Highway 50 South 4e. City, state, zip: Benson, North Carolina 27504 4f. Telephone no.: 919 - 894 -7765 4g. Fax no.: 919- 894 -8190 4h. Email address: jason@enochengineers.com S. Agent(Consultant Information (if applicable) 5a. Name: Jason Godwin 5b. Business name (if aoolicable L Engineers, PA 9 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 59. Email address: 1403 NC Highway 50 South Benson, North Carolina 27504 919 - 8947765 919 - 894-8190 jason@enochengineers.com Page 2 of 10 B. Project Information and Prior Project History I. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN No. 9594 -69 -5906 1b. Site coordinates (in decimal degrees): I Latitude: 35.260208 Longitude: -79.010002 1c. Property size: 20.7 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Rice Patch Branch to Jumping Run to Reedys Swamp 2b. Water Quality Classification of nearest receiving water. Rice Patch Branch Index No. (18-23 -29-3) 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: E>osting conditions are pre- developnnent phasing of the site. General land use at this time is timbering, and pre- devetopmeni phashg 3b. List the total estimated acreage of all existing wetlands on the property: 0.75 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Directional boring was attempted at this locatlori. Changes were made due to stie conditions resulting in the directional bore breaching sou surface. 3e. Describe the overall project in detail, including the type of equipment to be used: Directional boring was attempted at tht location. Changes were made due to site conditions resulting in the direrdonal bore breaching sou surface. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / Project (including all orior nhasml in the nac0 I Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company. Enoch Engineers, PA Name (if known): Jason Godwin Other. 4d. If yes, list the dabs of the Corps jurisdictional determinations or State determinations and attach documentation. December 22.2010 S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? []Yes No Unknown 5b. If yes, explain in detail according to 'help file° instructions. 6. Future Project Plans 6a. Is this a phased project? Yes ❑ No 6b. If yes, explain. The Wolect Is phased. Daum are slip being developed. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. A Welland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Permanent (P) or Corps (404,10) or impact Temporar DWQ (401, other) (acres) W1 P Directlonal bare breach Headwater Wetland Yes Corps 0.01 W2 - Choose one Choose one YGWW W3 - Choose are Choose one Yes/No - W4 - Choose one Choose one Yes/No - WS - Choose are Choose one YesMo - W6 - Choose one (goose one Yes/No - 2g. Total Wetland Impacts: 0.01 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number Permanent (P) or intermittent (INT)? jurisdiction stream length Temporary (T) width (linear () feet) S1 - Choose one _ S2 - Choose one S3 - Choose one S4 - Choose are S5 - Choose one S6 - tchoose one 3h. Total stream and tributary Impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water Impacts bek»"r. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody Yes/No B4 - impact number Permanent (P) or (If applicable) Type of impact Waterbody Area of impact (acres) Temporary type B6 - 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water Impacts 4g. Comments: 5. Pond or Lake Construction If Pond or lake construction proposed, then complete the dart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) a� Flooded Filled Excavated Flooded Filled Excavated P2 Goose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? Yes 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer impacts (for DWQ) No If yes. permit ID no: If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? [3 Neuse [3 Tar- Pamlioo [3 Catawba [] Randleman ❑ Other. 6b. 6c. 6d. 6e. 6f. Buffer Impact Reason for impact Stream name Buffer Zone 1 �7.one 2 number — mitigation impact impact Temp Permanent (P) or required? (square (square Temoorary rT1 81 - Yes/No 82 - YesMo B3 - Yes/No B4 - YeslNo B5 - Yes Mo B6 - Yes/No 6h. Total Buffer impacts: 61. Comments: Page 5 of 10 D. Impad Justification and Mitigation i J. Avoidance and Minimization linear feet 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing p Choose one D1 al boring was atbenpted at tits location. Charges were made due to site cmditons ramming in the direr bore breaching son surthm. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction Directional boring was attempted at this fin. Charges were made due to sae cat Hom resulting in the direc Wmal techniques. breadhg 4f. Non - riparian wetland mitigation requested: sop surfeoe. 2. Compensatory Mint on for Impacts to Waters of the U.S. or Waters of the State acres 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No Impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this ❑ Mitigation bank project? ❑ Payment to in -lieu fee progra ❑ Permittee Responsible Mitigation 3. Complete If Using a Mitigation- Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 31). Credits Purchased (attach receipt and letter) Type: Choose one Quay: Type: Choose one Quantity: 3c. Comments: 4a. Approval letter from in4lou fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 49. Coastal (tidal) wetland mitigation requested: 4h. Comments: acres & Complete If Using a Perri ttee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation Page 6 of 10 PCN Form — Version 1.4 January 6. Buffer Mitigation (State Regulated Riparian Buf ar Rules) — required by DWQ i 68. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each Zone of the riparian buffer that requires mitt on. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact Multiplier 6e. Regriin:d mitigation (square feet) ($quare feet) II Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, perrnittee responsible riparian buffer restoration, payment into an approved 1n4ieu fee fund). 6h. Comments: Page 7 of 10 E. Stoornwrabar Management and Muse Flow Plan (required by DWQ) I. DMUn Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buflars WenfMied within one of the NC Riparlen Buffer Protection Rules? ❑ Yes ® No 1 b. 9 yes, then is a diffuse flow plan included? H no, e*ain why. ❑ Yes ® No 2. Seonrrrraier managenlem Plan 2a. What is the overall percent impevlo wwa of this project? 10% 2b. Does this pmjW recittire a Stormwater Management Plan? ❑ Yes ® No 2c. K this project DOES NOT require a Slormwate Management Plan, explain why: The project is exempt Aom th stoffmmar nww9wnant plan as a result from a PUD submitted to the county govemrtbra in around 2005 2d. N this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Starmweter Management Plan? Local Qovemment 3. Certified Local Govemment Stormwatm Review 3a. In which local ooverrintenCe Is this HaOett County 3b. Which of the following locally4mplemented slormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW USMP Water Supply Watershed ® Other: Hamet County 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Oyes ❑ No 4. DWQ 8tornrwaier Prourm Review 4a. Which of the following state - implemented storrnwater management programs apply (check all that apply): ❑Coastal cowta ❑HOW 8ORW Session Law 2006.246 ®Other: Local CoVwmnw 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 7 ❑ Yes ® No & DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? Byes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land? ❑ Y i No ® 1b. if you answered 'yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑YO ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered yes° to the above, has the document review been finalized by the State Clearing House? (If so. attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Welland Rules (15A NCAC 2H .0500), Isolated Weiland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Oyes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after- the -fad permit application? ❑Yes I ® No 2c. If you answered yes° to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? El Yes ® No 3b. If you answered yes° to the above, submit a qualitative or quantitative cumulative impact analysis most recent DWQ policy. If you answered 'no; provide a short narrative description. in accordance with the 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of waste II Nater generated from Sewage proposed p or available h san capacity of the subject facility. sanitary sewer systems. Page 9 of 10 PCN Form — Version 1.4 January 2909 09 5. Endangered Species and Designated Critical Habitat (Corps Requirement) I 5a. Will this project occur in or near an area with federally protected species or habitat? 0 Yes No 5b. checked with the USFWS concerning Endangered Species Act impacts? ®Yes ❑ No 5c. If yes, indicate the USFWS Field Office you have contacted. �aleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Registered forester, and Raleigh, USFWS Field office 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? DWO webste and onUne resources T. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in 0 Yes ® No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Registered wdreobgist, and NC State Historic resources 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? --F-o Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? On&* resourves, and survey data Applicant/ Agent's Printed Name Applicant/Agent's Signature Date Agent's s�ahrre is vWW only ifan auft testion MW tram the 8PPBCM is Page 10 of 10 IN 0 +w V V V r CL O O o ��$ i c= a L7 ; �p 0 =u . 0 0 P e 0 �9 Oo N 0 0 �l 00 � m� 0 a. m O CL O O o ��$ i c= a L7 ; �p 0 =u . 0 0 P e 0 �9 Oo N 0 0 �l 00 � m� Zoom in Zoom out ° Pan V� .jdt f .�! r _.'1 �rb •^7 • Y t s •� • � � a t Y .i Ilk s '�t�i w� � .4`�a�� +,�i •� � r•,y s{ ,Y,l; °A '�`i. a ';r''�r�{'w',� 1 •`�, '.p, r . � /��Ytt'1"rt •' '� �1 ='ar. t1 Yf `i �� S'.ZMs sr; ^`��7�,�`t��'•�'�y'�`�at'� � � ��1� Jim ,y '�, ,�y �' j, ,�y�,t, t � 1, _ •_� � +,- -�-'� ✓,kt ��xJi> 41 It IT �'� a` � ,t��'v�t��,y�r. jY'��t X+�1� _ � _�•� ��. �Ii.l ri .��`"ay� �.1 ,�� :. �� x't.y" 'yi«11• c Y. '.Yi1,[ sja.�, " 1`�y !}I'1 • a j,,` 4 ICI' �� }E ^�+ _ '•, r �P � 7TH �• d a v pit' ID Soil Name Hydric Description 1 BnB Blaney loamy sand, 2 to 8 percent slopes 1 Ro Roanoke loam, occasionally flooded 2 WfB Wakulla sand, 0 to 8 percent slopes Map Scale = One Inch = 322 feet Owner Information: PID 09956512 0282 01 NAME PF DEVELOPMENT GROUP INC ADDRESS No Data CITYST CARY, NC 27512 - ACRES 20.75 Acres 17.74 0.75 2.26 I I � Zoom 111 Zoom out ° Pan "41A Nil ttt� ° i fit►t 1;.• v 4 s'' ek ,1i�F•f��1jV�z ! ? :�� .tilt +a _,'�rx�"` 4 .�., ,•. �r�� a `, S t kt � r ` � — _ ''1�_F� `�,� R'�ltit. .+ � ll .'� •� r Z. J(� 1.� .a.,F �t [ 0 1 t+ ` l? •st \�f,��'{��.i��'r S�'•. ate. �`!, - t` - -X v •"� a •�_ +ttro'itiR.�•�'F,,'�j{�.�� ,�+�,•S y�l'r� ��"- 'h°�,, , }FF�,�°�.. .,� f°' gl' �`' tS :1 +`'T' *�,'�^�'iMli'f•�'•.'yth '..t• •t 11.11,+R[•',�''r,'��; t'�6��.15 .��t- i t1 q� "x °.°r•' ;`' `g t 9 EW Map Scale = One Inch = 322 feet Owner Information: PID 09956512 0262 01 NAME PF DEVELOPMENT GROUP INC ADDRESS No Data CITYST CARY, NC 27512 - ACRES 20.75 Zoning Overlay Results s-j ID Zoning ,I 459 RA -20R tl •%,rS i ;' • �_ r ty1j,�.ly'��A,'{t. r ,.Mr: 41 , Acres 20.75 pp, avt4�®P►W/ Cagy, NG �as`z F/^l t1, Y_ 5 gej�; Download Results- ZoningPolygon 09956512 0282 01.zio U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW 2007 -00902 County.. Ham Pitt, U.S.G.S. Quad: Olivia NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent: Mr. Jimmy Pierce Address: Post Office Boa 2191 Surf City. NC 28445 Telephone No.: Property description: Size (acres) 400 Nearest Waterway Reedv's Swamp USGS HUC 030300040511 Location description: The property h Indicate Which of the Following Apply: A. Preliminary Determination Agent: Mr ason o i Enoch En nee IPA 1403 C A wa �QSonth Benson. NC275041 i Nearest Town Snout Springs River Basin Cape Fear Coordinates N 35.26215 W Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program eve Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described project area subject the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our Present workload, the Corps may not be able to accomplish this wetland delineation in a timely nu niter. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U.S. including wetland on your project area have been delineated and the delineation has been verified by the Corp. We strongly suggest you have this delineation surveyed. Upon completion, this surrey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areal 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 date of this nodficadon. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344 Unless there is a d:lu+ in the law or our published regulations, this determination may be relied upon for a period not to exceed five years J �om the date of this notification. determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department 4f the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any quesgons regarding this determination and/or the Corps regulatory program, please contact Ronnie Smith at 910 - 151-4829. C. Basis For Determination D. Remarks E. Attention USDA Program Participants This delineadon/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 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. II F. Appeals Information (This information applies only to approved jnrisdietional determinations as indicated in It. 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 Weal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Ronnie Smith, Project Manager, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it m the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of a date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by February 20.2011. "It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** 1--1 r-. I' i Corps Regulatory Official: Date: Die ember 22.22.2010 Date: December 22.2015 The Wilmington District is committed to providing the highest level of support to the public. To help u-1 ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at httpJ/per2.nwp.usace army.mWsurvey.html to complete the survey online. NOCS ATION OF AD INISTRATI APPEAL OP'.I'IONS ANTI P'Rocas AND REQUIW FOR APPS,'', Applicant: Mr. Jimmy Pierce File Number: SAW -2007- Date: December 00902 22, 2010 Attached is: signed survey See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of ion B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMMATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECYiONT, -- The folio: wing? identifies. your _rigfits:uidoptions = regarding -an administrative,;appeal of the above. -= decision. Additional inforinatiOil inay� be - found:.at , h :%Lwww:usace.artn : ` r:matenals:'? - x orTCo sre ation_s'ati_ 33. F_R,PaA,33.1. - A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a better 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. e OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions erein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the fomi to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, I or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate y¢ur 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 evahuma ' your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section 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 t1 ie 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 determinatiorm associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain tern S and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by cc mpleting Section II of this form and sending the form to the division engineer. This form must be received by the division en date of this notice. Oneer within 60 days of the 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 engineer within 60 days of the date of this notice. received by the division D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appel I 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 Coi Ps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to nd to the Corps ° regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, ydu may request an approved JD (which may be appealed), by contacting the Corps district for further in itruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION IC E UESTFOI APP =o _O ECTIONS` "Q AN I1vITIAI _PROF_ F_ Ei D P 77 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the donston or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this for n to clarify where your reasons or objections are addressed in the administrative record.) i i i ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the CDrps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer I as determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or ana yses to the record. However, ou may rovide additional information to clarify the location of information that is already in the administrative record. - S�040. . bRlVi�4 If you have questions regarding this decision and/or the appeal If you only have questions m ' ' the appeal process you may process you may contact: also coact: Ronnie Smith Jason Steele USAED -RG Administrative Appeals Review 01 ficer 69 Darlington Avenue 60 Forsyth Street, SW (Room 9Mlb) Wilmington, North Carolina 28403 Atlanta, GA 30303 -8801 910- 251 -4829 404 -562 -5137 RIGHT OF ENTRY. Your signature below grants the right of entry to Corps of Engineers personnel, d any government consultants, to conduct investigations of the project site during the course of the appeal process. You i rill be provided a 15 day notice of any site investigation, and will have the glommity to ' ipate in all site investigations. Dom: elephone number: Signature of appellant or agent