19951268 Ver 3_Design/Maps/Site Plans_20210105

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id, SAW-2021-02014 County: Brunswick County U.S.G.S. Quad: Kure Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
Charles Paul III
Bald Head Island Limited, LLC
PO Box 3069
Bald Head Island, NC, 28461
[phone]
jbiggs4i bhisland.com & cpaul(&,bhisland.com
Size (acres) 5.1 acres Nearest Town Southport, NC
Nearest Waterway Long Bay River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 33.928816
Longitude: -77.999188
Location description: This 5.1 acre project is located at the Deep Point Marina located at 1299 Ferry Road, Southport,
Brunswick County, NC (Parcel ID: 2380000301).
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, 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. 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 resourceprotection 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 are wetlands on the above described 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 determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RIIA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
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 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.
Page 1 of 2

SAW-2021-02014
_ 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.
OEMS
_ We recommend you have the waters of the U.S. on your 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 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 pet iod not to
exceed five years.
_ 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 . 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 to determine their requirements.
Placement of di edged or fill material within waters of the 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 Gary Beecher at [phone] or
Gary.H.Beecher(a7usace.army.mil.
C. Basis For Determination: There appear to be potential Jurisdictional Wetlands on this 5.1 acre site.
D. Remarks: A desk top review was conducted on this JD application using information from the consultant (LMG), Corps
generated QL2 Lidar Maps and the original SAW-1996-02657 wetland delineation.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic r esources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
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: Mi. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNIN a,USACE.ARMY.MIL

SAW-2021-02014
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 N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
espondence. Digitally signed by Gary H.
Gary H. Beecher Beecher
Corps Regulatory Official: Date 2021.11.09 15:24:31-05'00'
Date: November 9, 2021 Expiration Date: PJD does not expire
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 our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
Copy Furnished via e-mail to:
Consultants:
Christian Preziosi
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
[phone]
cpreziosi a,Imgroup.net

.Appendix 2 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: Completed by Corps on November 9, 2021
B NAME AND ADDRESS OF PERSON REQUESTING PJD: Bald Head Island Limited, LLC
PO Box 3069; Bald Head Island, NC 28461
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 1299 Ferry Road Deep Pt Marina,
SAW-2021-02014
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Brunswick City: Southport
Center coordinates of site (lat/long in degree decimal format):
Lat.: 33.928816 Long.: -77.999188
Universal Transverse Mercator: 18 S 222752.58 m E 3758315.73 m N
Name of nearest waterbody: Cape Fear River
E REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: Completed by Corps on November 9, 2021
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (Le., Section
404 or Section 10/404)
WI
33.928795
-77.997159
-0.36 ac
Wetland waters
Section 404
W2
33.928772
-77.997944
--0.21 ac
Wetland waters
Section 404
W3
33.928597
-77.997944
-0.14 ac
Wetland waters
Section 404
W4
33,928813
-77.999895
-0.07 ac
Wetland waters
Section 404
W5
33.929220
-78.000627
O.17 ac
Wetland waters
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) theapplicant 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 should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■
■
■ 1
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Section 404/401 Preliminary Delineation Sketch
Data sheets prepared/submitted by or on behalf of the PJDrequestor.
Office concurs with data sheets/delineation report.
n 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: USGS Brunswick County GIS Mosaic
Natural Resources Conservation Service Soil Survey. Citation: Brunswick County GIS Soils Data
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)
n Photographs: ■ Aerial (Name & Date): NAPP 1998 2020 NC OneMap Photography
or Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Other information (please specify): Corps generated QL2 Lidar Maps, SAW-1996-02657
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later iurisdictional
determinations.
Gary H.
Beecher
',. Digit Ily signed by Gary H.
Beecher
/ Date: 2021.11.0915:24:09
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.

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Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri
China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap,contributors, and the GIS
User Community
L:\WETLANDS\2021 WETLANDS FILES\LMG21.388 --- Deep Point Marina, BHI Limited\MAPS
Boundaries are approximate and not meant to be absolute.
Map Source: ArcGIS World Street Map
N
0 1,000 2,000 4,OOC
Feet
Deep Point Marina
Brunswick County, NC
Map Date: August 2021
LMG21.388
4LMG
LAND MANAGEMENT GROUP
a DAVEY# company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 1
Vicinity Map

NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field notes.
A survey of delineated areas and review and approval by the U.S. Army
Corps of Engineers is recommended prior to specific site planning.
-0.14
Legend
Project Area - 5.1 ac
Potential Uplands -, 4.1 ac (80%)
Potential Wetlands - 0.9 ac (18%)
Wetland Line Off Property
Data Points
N
L:\WETLANDS\2021 WETLANDS FILES\LMG21.388 --- Deep Point Marina, BHI Limited\MAPS
Boundaries are approximate and not meant to be absolute.
Map Source: 2020 NC OneMap Aerial Photography
100 200
400
Feet
Deep Point Marina
Brunswick County, NC
Map Date: August 2021
LMG21.388
tLMG
LAND MANAGEMENT GROUP
a DAVEY. company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Preliminary
Upland/Wetland
Delineation Sketch

Chad Paul
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, November 9, 2021 3:26 PM
To: Chad Paul; Jerry Biggs
Cc: Currey, Gregory E CIV USARMY CESAD (USA); Christian Preziosi
Subject: Signed Preliminary JD for the Deep Point Marina project in Southport, Brunswick County, NC
(SAW-2021-02014)
Attachments: SAW-2021-02014 PJD.pdf
ALCON,
I've attached the signed Preliminary JD for the Deep Point Marina project in Southport, Brunswick County, NC.
USACE Project ID:
SAW-2021 02014
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary