20090692 Ver 1_Other Agency Comments_20120106

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2004 -00110 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 attn: Gene Young
Address: 407 N. Pike Road E. Address: P.O. Box 882
Sumter, SC 29153 Hampstead, NC 28443
Property description:
Size (acres) 114.49 Nearest Town Sneads Ferry
Nearest Waterway Turkey Creek River Basin White Oak
USGS HUC 03030001 Coordinates 34. 677432 N - 77.155525 W
Location description: The parcel to be known as Topsail Bluffs is located between the eastern terminus of Gus
Horne Road and Turkey Creek, in Sneads Ferry, Onslow County, North Carolina. Tax Parcel fD: 761 -37:
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 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 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 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 1/6/2011 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.
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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) 251 -4469 /
David. E. Bailev2(aa-)usace.armv.mil.
C. Basis For Determination
The site exhibits water bodies with mean hieh water, ordinary high water, and wetland criteria as defined in the 1987
wetland delineation manual. The water bodies on the site include an Unnamed Tributary to Turkey Creek (a
Relatively Permanent Water which becomes a Section 10 Navigable Waterway) and Turkey Creek (a Section 10
Navigable Waterway), and abutting and adjacent wetlands. This determination is based on site visits and verifications
by David E. Bailey on 8/18/2010 and 10/26/2010.
D. Remarks
The wetland line was originally verified by the USACE in 2004. Chanties in the wetland line were delineated by Gene
Young (Applied Resource Management) and modified and verified by David E. Bailey ( USACE) on 10/26/2010: the new
verified wetland line is shown on the above referenced survey. Unnamed Tributary to Turkey Creek exists within the
delineated wetland boundary but is not depicted on the attached survey.
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 7 March 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."
Corps Regulatory Official:
Date 6 January 2011 Expiration Date 6 January 2016
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: // pert .nwp.usace.an-ny.mil /survey.htmi to
complete the survey online.
Copy furnished:
Joanne Steenhuis , NCDENR -DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405
Charles F. Riggs R Associates, Inc , Ken Johnson, P.O. Box 1570, Jacksonville, NC 28511 -1570