20070183 Ver 1_Other Agency Comments_20030122

Section 111.5.
CROSSING LONGITUDE LATITUDE
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North Carolina Department of Transportation
Rail Division Cox to Hoskins Siding Improvements

Notification of Jurisdictional Determination
Property
Owner NC_DOT /Rail Division
Marc Hamel
Address 1553 Mail Service Center
Raleigh, NC 27699-1553
Telephone Number
Size and Location of Property (waterbody,
Division's Cox to Hoskins Siding Extension
College Drive, adjacent to the Deep River,
Carolina.
Indicate Which of the Following apply:
Authorized.
Agent EcoScience
C/o Adam V. McIntyre
Address 1101 Haynes Street Suite 101
Raleigh, NC 27604
Telephone Number 919 828-3518
Highway name/number, town, etc.) NC DOT /Rail
Project located south of I 40 to the intersection of
northeast of High Point, in Guilford County, North
0 There are wetlands on the above described property which we strongly suggest should be delineated and surveyed.
The. surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval be the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The wetlands on your pronertV have been delineated (limits were fla~~ed in the field), and the
ltmtts of the Corns jurisdiction have been explained to you It is recommended that you
provtde a land survey ofthese fla,~~ed ltmtts i~ertfication ofsuch a survey, unless there is a
change to the law or our published re~ulattons, could result in a signed determination that
may be relied upon for a pertod not to exceed five years from the date of the verification
0 mere are r~o wetlands present. on the above aescnbed property which are subject to the permit requirements of
section 404 of the Clean Water Act (33 USC 1344). Unless there. is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers re ulatory program, please contact
John Thomas at 19 - 876 - 8441 extension 25
Project Manager Signature
Date January 22, 2003 Expiration ate January 22 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

NOT1f~IC'~'T10NOF ~'~~1D1llM51;RAT1~'E t1PPL+:~1I~ OP'I IONS AND PROCESS AND; "~
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Applicant: Mr. Marc Hamel, NC DOT /Rail Division File Number: Action ID. Date: January 22,
1553 Mail Service Center, Raleigh, N.C. 27699-1553 200320342 2003
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
XX PRELIMINARY JURISDICTIONAL DETERMINATION E
SEC~hION I - Thy tullo~<<in~~ identifies your ri~}Its and opti~~ns :regarding an adminisirati~~e appeal of the above

,1;>~ i~ic~n. .1dt{;+i~,n~~! ;,,ti~i-m~rti~n may be found at httt~ usurc.ann_y.mil in~tlfunctions'cw/cec«oire~~ or
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_C~nps re ~ulation~ at ; ~ CFR Part 331 .
_
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this~~otice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Pernut or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined 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.
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 approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD 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.

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 maybe 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.
SECTION II - REQUEST FOR APPEAL or OI3JECIIONS TO.AN INITIAL PROFFERED PERMIrI
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.
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If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: Raleigh Regulatory Field Office also contact:
C/o John Thomas Mr. Arthur Middleton, Administrative Appeal Review Officer
6508 Falls of Neuse Rd., Suite 120 CESAD-ET-CO-R
Raleigh, North Carolina 27615 U.S. Army Co ?s of Engineers, South Atlantic Division
Telephone: [phone] ext. 25 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
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.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490