20190159 Ver 1_SAW-2019-00124_PJD_20210518 (2)

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00332 County: Johnston U.S.G.S. Quad: NC- Four Oaks NE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Resource Environmental Solutions
Matt DeAngelo
302 Jefferson Street, Suite 110
Raleigh, NC 27605
757-202-4471
mdeangelo*res.us
Nearest Town Smithfield
River Basin Neuse
Coordinates L atitude: 35.4705
Longitude: -78.3197
Location description: The project comprises portions of multiple properties situated along two unnamed tributaries of Polecat
Branch, occurring both north and south of Brogen Rd (S.R. 1007), near its intersection with Yelverton Grove Rd (S.R. 2508).
39.14
Polecat Branch
03020201
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 2/14/2020. 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.
E 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
deteunination may not be used in the peunit evaluation process. Without a verified wetland delineation, this preliminary
deteunination 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 peunit 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 peunit
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.
E There are waters, including wetlandson the above described project area/property subject to the peunit 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
deteunination 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.

❑ 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 onDATE. Unless there is a change in the law or our published regulations, this
deteunination 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
peunit 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 deteunination 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 deteunine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Auny peunit 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 Auny 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 deteunination and/or the Corps regulatory program, please contact Christopher Hopper at [phone] (x35) or
christopher.d.hopper(a(usace.army.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 2/14/2020 and
the attached figure, `Potential Wetland or Non -Wetland Waters of the U.S. Map Strawberry Hill
Mitigation Project', dated February 2/14/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/deteilination 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 deteunination for the above described site. If you object to this
deteunination, 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) four. If you request to appeal this deteunination you
must submit a completed RFA form to the following address:
US Aiuiy 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 deteunine 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 four to the Division Office if you do not object to the deteunination in this correspondence. **
DAILEY.SAMANT DAILEY.SAMANTHA.J.1387
567948
HA.J. 1 3875567948 2020.05.05 06:53:36 -04'00'
Corps Regulatory Official:
Date of JD: 2/14/2020 Expiration Date of JD: Not applicable
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:
Property Owner: Bridaitte Edwards Davis
Address: 3200 Broaden Road
Smithfield, NC 27577
Telephone: [phone]
Property Owner: Jan Hill
Address: 3188 Stevens Sausage Road
Smithfield, NC 27577
Telephone: [phone]
Property Owner: Joseph Madert & Stephen Madert
Address: 4910 Pine Lake Drive
Myrtle Beach, SC 29577
Telephone: [phone]
Property Owner: Melorse Haas
Address: 3299 Brogden Road
Smithfield, NC 27577
Telephone: [phone]
Property Owner: William Carpenter
Address: 3032 Yelverton Grove Road
Smithfield, NC 27577
Telephone: [phone]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
i
Applicant:
DeAlmelo
Resource Environmental Solutions Matt
File Number: SAW-2020-00332
Date: 05/04/2020
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
PRELIMINARY JURISDICTIONAL DETERMINATION
I - The following identifies your rights and options regarding an administrative appeal
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
E
of the above decision.
0
SECTION
Additional
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
•
signature
rights
permit.
•
this
PERMIT: You may accept or appeal
ACCEPT: If you received a Standard Permit, you may
authorization. If you received a Letter of Permission (LOP),
on the Standard Permit or acceptance of the
to appeal the permit, including its terms and conditions,
APPEAL: If you choose to decline the proffered permit
you may appeal the declined permit under the Corps of
form and sending the form to the division engineer.
the permit
sign the permit document and return it to the district engineer for final
you may accept the LOP and your work is authorized. Your
LOP means that you accept the permit in its entirety, and waive all
and approved jurisdictional determinations associated with the
(Standard or LOP) because of certain terms and conditions therein,
Engineers Administrative Appeal Process by completing Section II of
This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT
completing
engineer
DENIAL: You may appeal the denial of a
Section II of this form and sending the form to
permit under the Corps of Engineers Administrative Appeal Process by
the division engineer. This form must be received by the division
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 I 4
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.
T INT OF CONTACT FOR • UESTIONS 1' INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Christopher Hopper
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding
also contact:
Mr Phillip 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, 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: Christopher Hopper, 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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 05/04/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Resource Environmental Solutions, Matt
DeAngelo, 302 Jefferson Street, Suite 110, Raleigh, NC 27605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Strawberry Hill Mitigation
Project, SAW-2020-00332
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project comprises portions of
multiple properties situated along two unnamed tributaries of Polecat Branch, occurring both north and south
of Brogen Rd (S.R. 1007), near its intersection with Yelverton Grove Rd (S.R. 2508).
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Johnston City: Smithfield
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.4705 Longitude: -78.3197
Universal Transverse Mercator:
Name of nearest waterbody: Polecat Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Z Office (Desk) Determination. Date: 5/04/2020
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
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (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)
JH1
34.46986
-78.316736
3,361 I.f.
Non -Wetland
Waters
Section 404
JH5
35.465638
-78.318587
939 I.f.
Non -Wetland
Waters
Section 404
Wetland A
35.470905
-78.319172
8.745 ac.
Wetland
Section 404
Wetland B
35.470374
-78.322813
1.322 ac.
Wetland
Section 404
Wetland C
35.470033
-78.322705
0.432 ac.
Wetland
Section 404
Wetland D
35.469676
-78.323350
0.347 ac.
Wetland
Section 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 are included in the administrative
record and are appropriately cited:
▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: _ Potential Wetland or Non -Wetland Waters of the U.S. Map Strawberry Hill Mitigation Project', dated February
2/14/2020
▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
▪ 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: 24k Four Oaks, NC
❑ Natural Resources Conservation Service Soil Survey. Citation: Johnston County Soil Survey, Sheet 11
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
▪ Photographs: ® Aerial (Name & Date): Undated color aerial: Source unknown (attached exhibit)
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
▪ Other information (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.
DAILEY.SAM DAILEY.SAMANT
ANTHA.J.138 HA.J.1387567948
2020.05.05
7567948 07:08:13 -04'00'
Signature and date of Regulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtaining the signature is
2/14/2020 impracticable) t
I 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.

Potential Non -Wetland Waters of the U.S.
Feature ID
JH1
JH5
Total
Length (LF)
3,361
939
4,300
Potential Wetland Waters of the U.S
Feature ID
WA
WB
WC
WD
Area (acres)
8.745
1.322
0.432
0.347
Ditch
0 150 300
Feet
1 in = 300 feet
Potential
Wetland or Non -Wetland Waters
of the U.S. Map
Strawberry Hill
Mitigation Project
Johnston County, North Carolin
Date: 2/14/2020
Revisions: NONE
Drawn by: MDD
Checked by: JLS
Legend
Study Area
Potential Wetland Waters of the US
Potential Non -wetland Waters of the US
Ditch
1,71 Wetland Datapoint
0 Upland Datapoint
REFERENCE
1) Horizontal Datum is NAD83 UTM Zone 17N.
2) Map Projection is NAD_1983_StatePlane_
North_Carol ina_FI PS_3200_Feet
Total
10.846