20071212 Ver 1_Other Agency Comments_20070814

r U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
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Action Id. SAW-2007-2585 County: Robeson U.S.G.S. Quad: Dillon East
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: John W. Ward, Jr. ESTATE
Address: PO Box 3493
North Myrtle Beach. SC 29582-0493
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pi1G 1 ~ 2007
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Telephone No.:
Properiydescription: ~D3 ~1DSTOFtF~"A~S
Size (acres) 5.82 Nearest Town Rowland ~
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Nearest Waterway Contrary Swamp River Basin Lumber
USGS HUC 03040203.. Coordinates N 34.4922 W 79.2741
Location description The nronerty is located on Butler Road (off NC 1301 approximately three miles south of I-95
near Roland, Robeson Count y. North Carolina. Parcel ID number is 1916-O1-020.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there maybe 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 maybe relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe
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 wetland on your property 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 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.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Page 1 of 2

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Action ID: SAW-2007-2585
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 Ms. Kimberly Garvey at [phone].
C. Basis For Determination
The site exhibits water bodies that have ordinary high water marks. This determination is based on information
submitted by Restoration Systems, LLC on 7/13/2007.
D. Remarks
The purpose of this JD is for a NC EEP full delivery project. The area that has been delineated is under easement for
the mitigation area.
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: Ms. Kimberly Garvey, Project Manager
Wilmington Regulatory Field Office
PO 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 com lete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that-it~h'as been eceived by the District Offic ithinj¢0 days of the date of the NAP.
Should you decide to submit an RFA forrm,~it must be eceived~~flfi~above ad ess by 9 Q.~tober 2007.
**It is not necessary to s.bmitan RFA>~orm to th i ct Of ce ifyou d not objectao the determination in this
correspondence.** ~ -'I ~~ . ' ~"
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Corps Regulatory OffEial: L.;~%'' `" -°----
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Date 9 Aueust 2007 ~ Expiration Date Au ust 2012
The Wihnington District is committed to providing the high t level of su~rt to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Surveyor-visit
http://www.saw.usace.army.mil/WETLANDS/index.html to complete the survey online.
Copy furnished:
John Preyer, Restoration Systems, LLC., 1101 Haynes Street, Suite 107, Raleigh, NC 27604
M. Randall Turner, Restoration Systems, LLC., 1101 Haynes Street, Suite 107, Raleigh, NC 27604
Eric Kulz, NC DWQ, 401 Oversight/Express Review Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650
Guy C. Pearce, NC EEP, 2728 Capital Boulevard, Suite 1H 103, Raleigh, NC 27604
Ken Averitte, DWQ, 225 Green Street, Suite 714/Systel Bldg., Fayetteville, NC 28301-5043
Page 2 of 2

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LEGEND / Robeson County
Northern UT Watershed North Carolina
(725 Ac.)
Southern UT Watershed
(ll7 Ac.)
Project Area
0 1000 2000
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FEET
Watershed
,r~ ,3} Map
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Restoration Plan
n Brown Marsh Swamp
/ KO ~ ASSOCIATES, P.C, Robeson County, North Carolina
Consulting Engineers
1011 SCHAUB DR., SUITE #202 RALEIGH, N. C. 27606 Date: ]!()$~U7 Figure: 2
(9l9) 851-6066