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HomeMy WebLinkAbout20090692 Ver 1_Other Agency Comments_20121101U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2012-01766 County: Onslow U.S.G.S. Quad: Sneads Ferry NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner. Alderman Shaw Company, LLC Agent: Applied Resource Management. P.C. attn: Bo Shaw attu• Gene Young Address: 407 N. Pike Road E. Address: P.O. Box 882 Sumter, SC 29153 Hampstead, NC 28443 Property description: Size (acres) 2.077 -` Nearest Town Sneads Ferry Nearest Waterway Turkey Creek River Basin White Oak USGS HUC 03030001 Coordinates 34.508785 N - 77.475465 W Location description: The subject project area is an add-on to the Topsail Bluffs s/d property, between the terminus of Gus Horne Road and the original s/d property, near Sneads Ferry Onslow County North Carolina The protect area Includes Parcel # 761 -35.2 and a revised portion of the northwest section of Parcel # 761 -37. 7 Indicate Which of the Following Apply: A. Preliminary Determination 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 X 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 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 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 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. _ 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. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 11 /1/2012 . 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 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. 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 Wilmington, NC, at (910) 395 -3900 to determine their requirements. Pagel of 2 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. David E. Bailey at (910) 2514469 / David.E.Bailey2Ausace.army.miL C. Basis For Determination The site exhibits water bodies wetland criteria as defined in the 1987 wetland delineation manual and applicable Regional Supplements. The wetlands on site abut an Unnamed Tributary to Turkey Creek, a Relatively Permanent Water, which flows to Turkey Creek. a Traditionally Navigable Water. This determination is based on an office verification by David E. Bailey on 11/12012. D. Remarks The wetland line was delineated by Gene Young (Applied Resource Management). 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: District Engineer, Wilmington Regulatory Division Attn: David E. Bailey, Regulatory Specialist, Wilmington Regulatory Field Office 69 Darlington Avenue 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 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 December 31, 2012. * *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: Date: November 1. 2012 Expiration Date: November 1. 2017 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 hn:Hper2.nyM.usace.army.mil/survey.htmi to complete the survey online. Copy furnished: Joanne Steenhuis, NCDENR -DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405 Ken Johnson, Charles F. Riggs & Associates, Inc., P.O. Box 1570, Jacksonville, NC 28541 -1570