HomeMy WebLinkAbout20171559 Ver 3_More Info Received_20220131Homewood, Sue
From: Miller, Vickie M. (Raleigh) <Vickie.Miller@hdrinc.com>
Sent: Monday, January 31, 2022 11:07 AM
To: Homewood, Sue
Cc: Wendee Smith; Masemore, Sushma; Wojoski, Paul A
Subject: [External] RE: GRMS documents
Attachments: Duke Energy_Agent_Authorization_form.pdf
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Good morning Sue,
See below.
1. The Duke Energy Agent Authorization form is attached.
2. The Jurisdictional Determination files are large so you will see a OneDrive link in just a few minutes with all of
them in in.
3. I will send this to you in a separate email due to the confidential nature of the information.
4. Ken, our water resources engineer, is in the process of backchecking, finalizing and submitting the CLOMR
application. He said the plan is to submit on Thursday of this week. Everyone understands that they could not
construct within the floodplain areas until that has been processed. We would like for the condition to allow
construction on the site but no filling within the floodplain until that has been reviewed and approved. Ken has
talked with the state reviewer and they are aware of the importance of the schedule from what he said. He also
plans to give the reviewer a heads up of when it will be submitted.
Let me know if you need anything else.
Thanks,
Vickie
Vickie Miller, AICP, Pws
D 919.232.6637 M 919.559.2632
hdrinc.com/follow-us
From: Homewood, Sue <sue.homewood@ncdenr.gov>
Sent: Monday, January 31, 2022 10:32 AM
To: Miller, Vickie M. (Raleigh) <Vickie.Miller@hdrinc.com>
Cc: Wendee Smith <wsmith@s2cnc.com>; Masemore, Sushma <sushma.masemore@ncdenr.gov>; Wojoski, Paul A
<Paul.Wojoski@ncdenr.gov>
Subject: GRMS documents
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unless you recognize the sender and know the content is safe.
Good morning Vickie,
1
Thank you for the updated documents last night and this morning. As we continue to review our file I identified a few
more documents/items:
1. On Sept 27, 2021 you submitted a response to the Division's Request for Additional Information that included
Agent Authorization forms for some of the partners of the project. At that time you noted that the Agent
Authorization Form for Duke would be forwarded separately. I have looked through my files and have been
unable to find where that form was submitted. Could you please point out to me when/where it was submitted,
or provide one now please.
2. Please forward a copy of the verified/approved JDs for the transportation and utility corridors.
3. On Friday you indicated that you would forward an updated Site Plan with timelines for all the buildings. The
plan sent last week did not include a timeline for each of the buildings.
4. Yesterday you indicated that you would get back to us regarding the status of the Floodplain Mapping Revision
process.
Thank you,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue.Homewood@ncdenr.gov
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
urn cofrespondonoe tod!Ns seams issubject to /iv
Myth Cave* Akio taw and froy t re disdosedlqp milt ,patios.
2
AGENT AUTHORIZATION FORM
I, Andrew Tate, representing the Duke Energy, hereby certify that I have
authorized Vickie Miller, representing HDR Engineering, Inc. of the
Carolinas, to act on my behalf in the processing, issuance, and acceptance
of the verification of jurisdictional waters of the U.S. and Section 404/401
permitting associated with infrastructure for the Greensboro Randolph
Megasite, located in Randolph County, North Carolina.
Owner's Contact Information:
Andrew Tate, Director, North Carolina Economic Development
Duke Energy
Owner's Address: 411 Fayetteville Street
Raleigh, NC 27601-1849
Telephone Number. 828-808-2817
Email address: Andrew.Tate@duke-energy.com
Owner's signature
September 30, 2021
Date
Agent's Contact Information:
Vickie Miller, AICP, PWS
HDR Engineering Inc. of the Carolinas
Agent's Address: 555 Fayetteville Street, Suite 900
Raleigh, NC 27601
Telephone Number. 919-232-6600
Email address: Vickie.miller@hdrinc.com
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-01268 County: Randolph County U.S.G.S. Quad: Climax
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: HDR
Vickie Miller
Address: 555 Fayetteville Street, Suite 900
Raleigh, North Carolina 27601
Telephone Number: 919-232-6637
Size (acres) 41 (approximately) Nearest Town Liberty
Nearest Waterway Sandy Creek River Basin Cape Fear
USGS HUC 03030003 Coordinates Latitude: 35.890614
Longitude: -79.631629
Location description: GREENSBORO RANDOLPH MEGASITE ELECTRIC UTILITY CORRIDOR. The site
extends from the existing Duke Energy corridor west of Hockett Road and north of the intersection of Hockett and
Whitt Hunt Roads, eastward across Raccine Road, NC 22, Old Red Cross Road, Shiloh Road and US 421 to the
Greensboro Randolph Megasite (See attached maps).
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 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 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/RHA 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.
_ 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.
Page 1 of 2
SAW-2015-01268
_ 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 period 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.
_ 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 Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged 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 Andrew Williams at
(919) 554-4884 or Andrew.E.Williams2(ausace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: This PJD is for the Electrical Utility Corridor associated with the Greensboro
Randolph Megasite and does not include other components of the project.
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 resources 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: Mr. Philip A Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNIN@USACE.ARMY.MIL
SAW-2015-01268
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 RFA form to the Division Office if you do not object to the determination in this
correspondence. /��`^) �� Date:2021.12.10
Corps Regulatory Official:
T �14:22:29 -05'00'
Date: December 10, 2021
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.
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_ _ _ _ _ _ _ _ _ _ _ _ _ _
SAW-2015-01268
PROCESS AND
NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Vickie Miller, HDR
File Number: SAW-2015-01268
Date: December 10,
2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
7
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
Corps
I - The following identifies your rights and options regarding an administrative
information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
appeal of the above decision.
or
regulations at 33 CFR Part 331.
A:
•
•
INITIAL PROFFERED PERMIT: You may accept
ACCEPT: If you received a Standard Permit, you may sign
authorization. If you received a Letter of Permission (LOP),
or object to the permit.
the permit document and return
you may accept the LOP and your
you accept the permit in its entirety,
determinations associated
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
therein, you may request that the
to the district engineer. Your
or you will forfeit your right to appeal
and may: (a) modify the
or (c) not modify the permit
objections, the district engineer
on the Standard Permit or acceptance of the LOP means that
permit, including its terms and conditions, and approved jurisdictional
OBJECT: If you object to the permit (Standard or LOP)
permit be modified accordingly. You must complete Section
objections must be received by the district engineer within
the permit in the future. Upon receipt of your letter, the district
permit to address all of your concerns, (b) modify the permit
having determined that the permit should be issued as previously
will send you a proffered permit for your reconsideration,
because of certain terms and conditions
II of this form and return the form
60 days of the date of this notice,
engineer will evaluate your objections
to address some of your objections,
written. After evaluating your
as indicated in Section B below.
B:
•
•
PROFFERED PERMIT: You may accept or appeal
ACCEPT: If you received a Standard Permit, you may sign
authorization. If you received a Letter of Permission (LOP),
the permit
the permit document and return
you may accept the LOP and your
you accept the permit in its entirety,
determinations associated
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
terms and conditions therein, you
by completing Section II of this form
within 60 days of the date of
on the Standard Permit or acceptance of the LOP means that
permit, including its terms and conditions, and approved jurisdictional
APPEAL: If you choose to decline the proffered permit
may appeal the declined permit under the Corps of Engineers
(Standard or LOP) because of certain
Administrative Appeal Process
and sending the form to the division engineer. This form must be received by the division engineer
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
the division engineer within 60 days of the date of this notice.
approved JD or
60 days of the date of
JD.
Engineers Administrative
form must be received by
SAW-2015-01268
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
■ 1
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
andrew.e.williams2(ausace.army.mil
If you only have questions regarding
also contact:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
the appeal process you may
Officer
Administrative Appeal Review
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN (a,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, FLOOR M9, Atlanta, Georgia 30303-8803
Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-01268 County: Randolph County U.S.G.S. Quad: Climax
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
North Carolina Department of Transportation, Division 8
Patrick Norman, Division Engineer
121 DOT Drive
Carthage, North Carolina 28327
(910)773-8000
675 (approximately) Nearest Town Liberty
Sandy Creek River Basin Cape Fear
03030003 Coordinates Latitude: 35.886902
Longitude: -79.645924
Location description: GREENSBORO RANDOLPH MEGASITE TRANSPORTATION CORRIDOR. The site
begins approximately 400 feet southeast of the Big Buck Road, Harold Meadows Road intersection and extends along
US 421 and adjacent to the Greensboro Randolph Megasite and ends approximately 2000 feet southwest of the Troy
Smith Road, Starmount Road intersection in Randolph County, North Carolina. (See attached maps).
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 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 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/RHA 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.
_ 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.
Page 1 of 2
SAW-2015-01268
_ 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 period 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.
_ 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 Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged 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 Andrew Williams at
(919) 554-4884 or Andrew.E.Williams2(ausace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: This PJD is for the Transportation Corridor associated with the Greensboro
Randolph Megasite and does not include other components of the project.
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 resources 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: Mr. Philip A Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNIN@USACE.ARMY.MIL
SAW-2015-01268
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 RFA form to the Division Office if you do not object to the determination in this
correspondence.
/444Date: 2021.12.10
Corps Regulatory Official: 17:09:11 -05 00
Date: December 10, 2021
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 email):
HDR
Vickie Miller
555 Fayetteville Street, Suite 900
Raleigh, North Carolina 27601
V ickie.Miller@hdrinc. com
Legend
Interchange Study Area
Streams - Intermittent and Perennial
Wetlands
Ponds
Megasite Boundary
Estimated Streams
Estimated Pond
Feet 1,600
Oak
Hollow
Lake
Greensboro
Guilford
Liberty
Siler City
Dodsons Lake
W-B-181-61
POTENTIAL JURISDICTIONAL FEATURES MAP
F�2
FIGURE 6
PATH: GAGISIPRGJECTS199fi]]9 CITYGFGREENSBGRG19259114 GBURUMSWATER-SEWERENVIRGIMAP OGCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JU MAP REV 29211292 NO MS GVERLAP.MXU - USER: JGARVEY - DATE: 12/2/2021
_ _ _ _ _ _ _ _ _ _ _
4
Legend
1 1 Interchange Study Area
Streams - Intermittent and Perennial
Megasite Boundary
Estimated Streams
POTENTIAL JURISDICTIONAL FEATURES MAP
F�2
FIGURE 6 - PAGE 1 OF 3
PATH: GAGISIPROJECTS199fi]]9 CITYOFGREENSBOR019259114 GBOROMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JO MAP REV 29211292 NO MS OVERLAP MAPBOOK. MXO - USER: JGARVEY - DATE: 12/2/2021
_ _ _ _ _ _ _ _ _ _ _ _
Legend
1 Interchange Study Area
Streams - Intermittent and Perennial
Wetlands
Ponds
Megasite Boundary
Estimated Streams
Estimated Pond
0 Feet b2b
a
POTENTIAL JURISDICIROURES MAP
F�2
FIGURE 6 - PAGE 2 OF 3
PATH: G:IGISIPROJECTS1995119 CITYOFGREENSBOR019259114 GBOROMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JO MAP REV 29211292 NO MS OVERLAP MAPBOOK. MXO - USER: JGARVEY - DATE: 12/2/2021
_ _ _ _ _ _ _ _ _ _ _ _
Legend
Interchange Study Area
Streams - Intermittent and Perennial
Wetlands
Ponds
Megasite Boundary
Estimated Streams
Estimated Pond
Feet b2b +�
F�2
PATH: GAGISIPROJECTS199fi]]9 CITYOFGREENSBOR019259114 GBOROMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JO MAP REV 29211292 NO MS OVERLAP MAPBOOK. MXO - USER: JGARVEY - DATE: 12/2/2021
_ _ _ _ _ _ _ _ _ _ _ _
Dodsons Lake
W-B-1 81-6
W-A-190-1)
SU (Sandy
Creek)
POTENTIAL JURISDICTIONAL FEATURES MAP
FIGURE 6 - PAGE 3 OF 3
SAW-2015-01268
PROCESS AND
NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Patrick Norman, NCDOT Division 8
File Number: SAW-2015-01268
Date: December 10,
2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
7
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
Corps
I - The following identifies your rights and options regarding an administrative
information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
appeal of the above decision.
or
regulations at 33 CFR Part 331.
A:
•
•
INITIAL PROFFERED PERMIT: You may accept
ACCEPT: If you received a Standard Permit, you may sign
authorization. If you received a Letter of Permission (LOP),
or object to the permit.
the permit document and return
you may accept the LOP and your
you accept the permit in its entirety,
determinations associated
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
therein, you may request that the
to the district engineer. Your
or you will forfeit your right to appeal
and may: (a) modify the
or (c) not modify the permit
objections, the district engineer
on the Standard Permit or acceptance of the LOP means that
permit, including its terms and conditions, and approved jurisdictional
OBJECT: If you object to the permit (Standard or LOP)
permit be modified accordingly. You must complete Section
objections must be received by the district engineer within
the permit in the future. Upon receipt of your letter, the district
permit to address all of your concerns, (b) modify the permit
having determined that the permit should be issued as previously
will send you a proffered permit for your reconsideration,
because of certain terms and conditions
II of this form and return the form
60 days of the date of this notice,
engineer will evaluate your objections
to address some of your objections,
written. After evaluating your
as indicated in Section B below.
B:
•
•
PROFFERED PERMIT: You may accept or appeal
ACCEPT: If you received a Standard Permit, you may sign
authorization. If you received a Letter of Permission (LOP),
the permit
the permit document and return
you may accept the LOP and your
you accept the permit in its entirety,
determinations associated
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
terms and conditions therein, you
by completing Section II of this form
within 60 days of the date of
on the Standard Permit or acceptance of the LOP means that
permit, including its terms and conditions, and approved jurisdictional
APPEAL: If you choose to decline the proffered permit
may appeal the declined permit under the Corps of Engineers
(Standard or LOP) because of certain
Administrative Appeal Process
and sending the form to the division engineer. This form must be received by the division engineer
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
the division engineer within 60 days of the date of this notice.
approved JD or
60 days of the date of
JD.
Engineers Administrative
form must be received by
SAW-2015-01268
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
■ 1
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Andrew Williams
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
andrew.e.williams2(ausace.army.mil
If you only have questions regarding
also contact:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
the appeal process you may
Officer
Administrative Appeal Review
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN (a,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, FLOOR M9, Atlanta, Georgia 30303-8803
Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-01268 County: Randolph County U.S.G.S. Quad: Climax
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: City of Greensboro, Department of Water Resources
Virginia Spillman, Assistant Director
Address: 2602 S. Elm -Eugene Street
Greensboro, North Carolina 27406
Telephone Number: 336-373-2055
Size (acres) 140 (approximately) Nearest Town Liberty
Nearest Waterway Sandy Creek River Basin Cape Fear
USGS HUC 03030003/03030002 Coordinates Latitude: 35.902755
Longitude: -79.649437
Location description: GREENSBORO RANDOLPH MEGASITE WATER/WASTEWATER UTILITY CORRIDOR.
The site for the water and sewer utilities begins at the intersection of Bora Drive and Liberty Road and follows Liberty
Road southeast to the northern portion of the GRMS. At the intersection with Julian Airport Road, the water main
corridor continues along Old US 421 to the north of the GRMS site and terminates at the Old US 421, Bowman Dairy
Road intersection. The force main sewer alignment corridor continues along Julian Airport Road, and proceeds
southeast along US 421 to the intersection with Starmount Road. The force main corridor terminates approximately
1300 feet northwest of the Starmount Road, Herman Husband Road intersection near Liberty, North Carolina. (See
attached maps).
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 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 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/RHA 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-2015-01268
_ 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 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 period 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.
_ 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 Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged 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 Andrew Williams at
(919) 554-4884 or Andrew.E.Williams2(ausace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: This PJD is for the Water/Wastewater Utility Corridor associated with the
Greensboro Randolph Megasite and does not include other components of the project.
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 resources 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: Mr. Philip A Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
SAW-2015-01268
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNIN@USACE.ARMY.MIL
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 RFA form to the Division Office if you do not object to the determination in this
correspondence.
4M (t) y� Date: 2021.12.10
Corps Regulatory Official:
16:04:53-05'00'
Date: December 10, 2021
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 email):
HDR
Vickie Miller
555 Fayetteville Street, Suite 900
Raleigh, North Carolina 27601
V ickie.Miller@hdrinc. com
Legend
City of Greensboro Wastewater Extension
City of Greensboro Water Extension
Megasite Boundary
0 Feet 2,500
�s.
:•ton -Sale m
-gpti
Guilford Occaneechi
Saponi Sdtsa
Burlington
Greensboro
• Alamante
i855
High Poinl
RandolpID
T,: Id ,on
❑e,:. 1r-
Asheboro
Miles 20
F�2
AERIAL PHOTOGRAPHY MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 2
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 2 WS AERIAL MAP 952218.MX0 - USER: JGARVEY - DATE: 5/25/2018
_ _ _ _ _ _ _ _ _
Legend
Study Area
Map Pages
Megasite Boundary
Guilford
Occ aneec hi
Saponi Sdtsa
Burlington
- Greensboro
40W
Alamance
High Point
Rand olp
1154fr Ded���
Asheboro
Miles 20
F�2
40
i-Ir and
Chatham
8 Everett
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POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - OVERVIEW SHEET
PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1008110 CITYOFGREENSBOR010259114 GBGRGMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 0801181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 052118 OVERVIEW.MXU - USER: JGARVEY - DATE: 6/442018
_ _ _ _ _ _ _ _ _ _ _ _
•
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
F�2
Liberty Rd
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 1 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
r
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
F�2
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 2 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
FY2
fr-
1
i
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 3 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
Potential Wetland
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
F�2
Upland Data Point
Wetland Data Point
Study Area
Megasite Boundary
Er«'
Liberty. Rd
Skyline Ave
4
rt
W-D-182-3 (Isolated)
Old 421
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 4 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
Potential Wetland
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
Feet
F�2
Upland Data Point
Wetland Data Point
Study Area
Megasite Boundary
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 5 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
Potential Wetland O
Potential Non -Wetland Water (Open Water) 0
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
Feet 0
F�2
Upland Data Point
Wetland Data Point
Study Area
Megasite Boundary
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 6 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
fA
Potential Wetland
Potential Non -Wetland Water (Open Water) 0
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
0 Feet
200
0 Upland Data Point
Wetland Data Point
Study Area
Megasite Boundary
.119
a it
.�4S�FF
■
s
F�2
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 7 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
fA
Potential Wetland 0 Upland Data Point
Potential Non -Wetland Water (Open Water) 0 Wetland Data Point
Potential Non -Wetland Water (Perennial) Study Area
Potential Non -Wetland Water (Intermittent) Megasite Boundary
0
0 Feet 200
F�2
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 8 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
Potential Wetland 0 Upland Data Point
Potential Non -Wetland Water (Open Water) 0 Wetland Data Point
Potential Non -Wetland Water (Perennial) Study Area
Potential Non -Wetland Water (Intermittent) Megasite Boundary
0 Feet 200 7
F�2
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 9 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
Potential Wetland
Potential Non -Wetland Water (Open Water) 0
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
0 Feet
i
F�2
200
0 Upland Data Point
Wetland Data Point
Study Area
Megasite Boundary
goki-
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
•
Ksr
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 10 OF 15
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
FY
PATH: LIG! SIPROJECTS1006770_CITY0FGREENSBOR010259114_GBOROM SWATER-SEWERENVIROMAP_DOCSIMXDIGRM S_NEPAIPERMIT_FIG_0601181WATER_SEWER_GRMS_PORT1ONIFIG 5 WS JD FEATURES_052118.MXD - USER: JGARVEY - DATE: 5/30/2018
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 11 OF 15
Potential Wetland
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
Feet A
F�2
Upland Data Point
Wetland Data Point
Study Area
Megasite Boundary
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 12 OF 15
LEGEND
A
Potential Wetland 0 Upland Data Point
Potential Non -Wetland Water (Open Water) 0 Wetland Data Point
Potential Non -Wetland Water (Perennial) Study Area
Potential Non -Wetland Water (Intermittent) Megasite Boundary
I I z&
0 Feet 200
F�2
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 13 OF 15
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
LEGEND
Potential Wetland
Potential Non -Wetland Water (Open Water)
Potential Non -Wetland Water (Perennial)
Potential Non -Wetland Water (Intermittent)
Feet
F�2
Upland Data Point
Wetland Data Point
Study Area
Megasite Boundary
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 14 OF 15
LEGEND
Potential Wetland O Upland Data Point
Potential Non -Wetland Water (Open Water) 0 Wetland Data Point
Potential Non -Wetland Water (Perennial) Study Area
Potential Non -Wetland Water (Intermittent) Megasite Boundary
Feet 0
W-A-182-5
W-A=182=2
F�2
PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018
_ _ _ _ _ _ _ _ _ _
Y �w •Z,'{,
•
POTENTIAL JURISDICTIONAL FEATURES MAP
PROPOSED WATER MAIN AND FORCE MAIN SEWER
FIGURE 5 - PAGE 15 OF 15
SAW-2015-01268
PROCESS AND
NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Virginia Spillman, City of Greensboro
File Number: SAW-2015-01268
Date: December 10,
2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
7
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
Corps
I - The following identifies your rights and options regarding an administrative
information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
appeal of the above decision.
or
regulations at 33 CFR Part 331.
A:
•
•
INITIAL PROFFERED PERMIT: You may accept
ACCEPT: If you received a Standard Permit, you may sign
authorization. If you received a Letter of Permission (LOP),
or object to the permit.
the permit document and return
you may accept the LOP and your
you accept the permit in its entirety,
determinations associated
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
therein, you may request that the
to the district engineer. Your
or you will forfeit your right to appeal
and may: (a) modify the
or (c) not modify the permit
objections, the district engineer
on the Standard Permit or acceptance of the LOP means that
permit, including its terms and conditions, and approved jurisdictional
OBJECT: If you object to the permit (Standard or LOP)
permit be modified accordingly. You must complete Section
objections must be received by the district engineer within
the permit in the future. Upon receipt of your letter, the district
permit to address all of your concerns, (b) modify the permit
having determined that the permit should be issued as previously
will send you a proffered permit for your reconsideration, as
because of certain terms and conditions
II of this form and return the form
60 days of the date of this notice,
engineer will evaluate your objections
to address some of your objections,
written. After evaluating your
indicated in Section B below.
B:
•
•
PROFFERED PERMIT: You may accept or appeal
ACCEPT: If you received a Standard Permit, you may sign
authorization. If you received a Letter of Permission (LOP),
on the Standard Permit or acceptance of the LOP means that
permit, including its terms and conditions, and approved jurisdictional
APPEAL: If you choose to decline the proffered permit
may appeal the declined permit under the Corps of Engineers
the permit
the permit document and return
you may accept the LOP and your
you accept the permit in its entirety,
determinations associated
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
terms and conditions therein, you
by completing Section II of this form
within 60 days of the date of
(Standard or LOP) because of certain
Administrative Appeal Process
and sending the form to the division engineer. This form must be received by the division engineer
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
the division engineer within 60 days of the date of this notice.
approved JD or
60 days of the date of
JD.
Engineers Administrative
form must be received by
SAW-2015-01268
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
■ 1
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
andrew.e.williams2(ausace.army.mil
If you only have questions regarding
also contact:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
the appeal process you may
Officer
Administrative Appeal Review
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN (a,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, FLOOR M9, Atlanta, Georgia 30303-8803
Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL