20141255 Ver 3_Wetlands JD SAW-2014-00415_20210510

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-00415 County: Onslow
U.S.G.S. Quad: Kellum
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Weyerhaeuser Real Estate Development Agent:
Com max
attn: Tailor Downey
P.O. Box 12768
New Bern, NC 28561
[phone]
Land Management Grotto, Inc.
attn: Christian Preziosi
3805 Wrightsville Ave., Suite 15
Wilmington. NC 28403
910)452-0001_
Property description:
Size (acres) 594.7 Nearest Town Jacksonville
Nearest Waterway Rocky Run & Horse Swamp River Basin White Oak
USGS HUC 03030001 Coordinates 34.751458 N-77.297706W
Location description: This tract is referenced as Tract 3 of the original 1.754.84-acre propert known as Onslow 22,
which is located e parcel is located on the southeast side of Old Rocky Run Road (SR 14131. approximately 1.5 mi. north
of its intersection with NC 24, adjacent to Horse Swamp and Rocky Run Creek, near Jacksonville. Onslow County,
North Carolina. Tax iD: 032434.
Indicate Which of the Following Apply:
A. Preliminary Detertination
_ 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 Administrative Appeal Process ( Reference 33 CFR Part 331).
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 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.
X There are waters of the U.S. including wetlands on the above described 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 strongly suggest you have the wetlands on your project area delineated. Due to the size of your property andlor our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your property 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.
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 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.
Page 1 of 2

X 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 and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Mr. Mickey Sugg at [phone]
mickev.t.su.nn usace.armv.mil.
C. Basis For Determination
The site exhibits water bodies with ordinary high water, as well as abutting and adjacent wetlands as defined in the
1987 wetland delineation manual and the Atlantic and Gulf Coastal Plain Regional Supplement. The water bodies on
the site include Rocky Run and several unnamed tributaries (UTs) and Horse Swamp and several UTs. all Relatively
Permanent Waters - which drain into Northeast Creek, a Section 10 Navigable Waterway - and contiguous wetlands.
D. Remarks
Cross reference Action ID. 2009-00315 for the entire Onslow 22 property. This notification is a reverification of Tract 3
(Portion of Onslow 22) where Wilmington Corps Staff previously conducted several extensive field inspections.
Wetlands THUS, FT300:308. GD1=8. RH1e25, Ts1=8, and SH1-32 were previously determined to be isolated wetlands
and continue to be deemed isolated. These isolated wetlands still may be subject to regulation by the State of North
Carolina and it is recommended that prior to any work in these wetland areas, you should contact Ms. Joanne
Steenhuis with the North Carolina Division of Water Quality. 127 Cardinal Drive Extension, Wilmington, North
Carolina 28403 or [phone].
E. 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:
U.S. 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 District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 12 Mal' 2014.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Mickey Sugg
Date March 10, 2014
/.-
Expiration Date March 10, 2019
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 attached customer Satisfaction Survey or visit http://www.perg.nwp.usace.anny.miI/survey.html to
complete the survey online.
Copy furnished:
Joanne Steenhuis, NC DWR
Christian Preziosi
Page 2 of 2

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Taylor Downey, Weyerhaeuser Real
Estate Development Company
Attached is:
File Number: SAW-2014-
00415
Date: March 10,
2014
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
PROFFERED PERMIT (Standard Permit or Letter of permission)
PERMIT DENIAL
A
B
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
http://www.usace.army.mil/CECW/Pages/reg materials.aspx or 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 11 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 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 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: Mickey Sugg
Wilmington Regulatory Field Office
69 Darlington Drive
Wilmington, NC 28403
If you only have questions regarding the appeal process you may
also contact:
Jason Steele, Administrative Appeals Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, SW (Room 10M15)
Atlanta, GA 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Signature of appellant or agent.
Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Mickey Sugg, Project Manager,
Wilmington Regulatory Field Office, 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]