20211554 Ver 1_Pasquotank C&D Landfill - Misc Documents-10-25-21_20211025

4h. Purpose of Proposed Project
The Pasquotank County C&D Landfill is a current operation off of Simpson Ditch Road which is
authorized by the North Carolina Division of Solid Waste by a Life of Site permit issued
December 29, 2016. The permit has been amended several times to approve the expansions
necessary to accommodate the increase in C&D materials generated by storms and increased
construction. This expansion is expected to provide capacity for 6 to 12 years.
41 The improvement of the site will commence with the construction of an impermeable base to
manage the runoff from the C&D material. Bulldozers, dump trucks, and backhoes will be used
to develop the base and then the cell walls. The perimeter of the cell wall will be landward of
silt fencing while vegetation is allowed to permanently stabilize the slo-pes.

AUTHORIZATION T(Y ACT AS.REPRESENTATIVE FORM
Landowner of record authorizes Environmental Professionals, Inc. to.
t, enter the property to gather environmental and site information, including delineation of
environmental regulatory jurisdictions;
2. enter the site with the regulatory agencies (Le_ U.S. Army Corps of Engineers,
North Carolina Division of Coastal Management, North Carolina Division of Water
Quality, etc) as needed to review regulatory alignment(s) and/or to identify additional
regulatory jurisdictions;
3. submit plats and other information to acquire regulatory agency confirmations, approvals,
and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of
Coastal Management: North Carolina Division of Water Quality, etc.); and
4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or
determinations.
` Landowner
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client
t'� I� 1-§CY.
Date
Date

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-20 )9-0250 County: Pasauotank U.S.G.S. Quad: NC- Nixonton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requuestor.
Pasauotank County
c/o Mr. Pat McDowell
Address:
Post Office Box 391
Elizabeth City, North Carolina 27090
Telephone Number:
(2521388-4161
E-mail:
patmcdow(&,,aol.com
Size (acres) 2.41 (Review Areal Nearest Town Elizabeth City
Nearest Waterway Halls Creek River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude: 36.237038
Longitude:-76.266987
Location description: The review area for the Jurisdictional Determination consists of 2.41 acres of a parcel with an area of 149
acres located at the existin landfill fac" off Landfill Road near Elizabeth CItypasquotank County. North Carolina.
Indicate Which of the.Following Alaoly:
A. Preliminary Determination
There appear to be wetlands on the above described project area/properly, 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 (RNA) (33 USC § 403). The 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 3/26/2021. 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.
❑ There appear to be 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 (RNA) {33 USC § 403). However, since the
wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation
process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWAJRHA
jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the 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 permit
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.
❑ There are wetlandson the above described project area/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 recommend you have the 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 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

SAW 2009-00250
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 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 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/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.
® 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 in Elizabeth City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters ofthe US, including wetlands, without a Department of the Army permit 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 Army 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 determination and/or the Corps regulatory program, please contact Anthony Searbraugh at (910) 2514619 or
anthonv d.searbran2h(&usace.armv.mil.
C. Basis For Determination: Basis For Determination: The wetlands within the property were delineated
using the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain
Regional Supplement Version 2.
D. Remarks: All aquatic resources within the review area are accurately depicted on the attach plat entitled
Wetland Survey for Pasguetank County Landfall Site, dated 03/26/2021.
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:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip 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 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 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 Office if you do not object to the determination in this correspondence."
Corps Regulatory Official:
Date of JD: 06/14/2021 Expiration Date of JD: Not applicable

SAW 2009-0025©
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-1/corpsmapu.usace.army.mil/eiiLapex/Pp--136:4:0
Copy furnished:
Agent: Environmental Professionals, Inc,
Mr. Georee Wood
Address: Post Office Box 3368
_Kill Devil Hilts, North Carolina 27948
"Telephone Number_ [phone]
E-mail: obxwoodl?a,vahoocom

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Permit No. 70-02 CDLF - 1996, Amendment #6, s �i w000weu a nssoaares, v.a. I'
Expiration - Life of Site (Permit to Construct Phases 6A, 68, & 6C) N
Pasquotank County C&D Landfill" _ _ -
Mount Hermon Township, Pasquotank County, North Carolina