20071083 Ver 1_USACE - Jurisdicitional Determination_20070716

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-02232-065 County: New Hanover U.S.G.S. Quad: Wrightsville Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION `~/
Property Owner/Agent: City of Wilmington ~
Address: Attn: Public Utilities Department
305 Chestnut Street/PO Box 1810
Wilmington, NC 28402
Telephone No.: 910-341-7805
Property description:
JIJL 1 6 2007
DENR -WATER QiJALITY
YVEIIANDS aVD STORtAlyATER BRANCH
Size (acres) apex. 6 Nearest Town Wilmington
Nearest Waterway UT to Hewletts Creek River Basin Cape Fear
USGS HUC 03030001 Coordinates N 34.2017 W 77.8793
Location description The project area is an approximately 6600' x 40' sewer line construction easement, known as
the Hewletts Creek Force Main Replacement, is located along Pine Grove Drive, south of a municipal golf course, and
extending to Mockingbird Lane and Cascade Road, in wetlands and unnamed tributaries to Hewletts Creek, in
Wilmington, North Carolina.
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
_ 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 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.
X The waters of the U.S. including wetland 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 properly 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 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 maybe relied upon for a period not to exceed five years from the date of this
notification.
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Action ID: ,S,4nl•a.W~• Oo?a3a 'dt°~
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 [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 Jennifer Frye at 910-251-4923.
C. Basis For Determination
This project area exibits wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and
is contiguous with Hewletts Creek, a Navigable Water of the United States. This site also contains waterbodies that
exhibit an Ordinary High Water Mark and are tributaries to Hewletts Creek. This determination is based on
information submitted by Kimley-Horn and Associates, Inc. on 6/21/2007.
D. Remarks
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:
District Engineer, Wilmington Regulatory Division
Attn:Jennifer Frye, Project Manager,
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
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 9/12/2007.
**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 07/12/2007 Expiration Date 07/12/2012
The Wihnington 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.saw.usace.army.miUWETLANDS/index.html to complete the survey online.
Copy furnished:
Todd Tugwell, Kimley-Horn and Associates, Inc., PO Box 33068, Raleigh, NC 27636-3068
DENR-DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
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