20150041 Ver 1_Attach D Moncure Holdings JD Letter (10.09.14)_20150224

U.S. ARMY CORPS OF ENGINEERS Copy
WILMINGTON DISTRICT
Action Id. SAW- 2014 -00610 County: Chatham U.S.G.S. Quad: Merry Oaks /Moncure
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: Mr. Jason Kaplan
Address: Moncure Holdings, LLC
282 Century Place, Suite 2000
Louisville, Colorado 80027
Telephone No.:
Property description:
Size (acres) 945 Nearest Town Moncure
Nearest Waterway Shaddox Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates N 35.61239 W - 79.02114
Location description 945 acre site located on Moncu re- Flatwood Road, in Moneure, Chatham County, NC,
Indicate Which of the Followinu Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this
property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional
determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. 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 may be relied
upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S. 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.
The waters of the U.S. 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.
X 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 10/10/2014. 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 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 Washington, NC, at (252) 946 -6481 to determine their requirements.

Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination
and/or the Corps regulatory program, please contact Andrew Williams at 919 -554 -4884 ext. 26.
G. Basis For Determination
The six 6 streams Streams identified as 1,3,4,5,8 and 12 are relatively permanent waters PWs and are unnamed
tributaries to Shadciox Creek (Stream 7l. an RPW. Sltaddox Creek flaws to the Haw River, a traditional[v navigable water
(TNW), which is tributary to the Cane Fear River a navigable water of the United States. The Ordinary I j h Water Marks
OHWMs) of the unnamed_ tributaries were indicated following physical characteristics: _Bed and banks, Clear natural line
impressed on the hank, shelving, scour, and the destruction of terrestrial vegetation. The wetlands meet the hydra It tic
vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wethmid Delineation Manual and the
Eastern Mountains and Piedmont Regional Supplement and are contifuous with one of the tributaries listed above (Wetlands
identified as A, B, C. D. E, F, G,_ I, O,T,U,V,W,X,Y,CC,FF,II,JJ,KK,00 beaver impoundment,} or are adjacent to one of the
tributaries listed above (Wetlands identified as H.J,K,L,M,P,O,Z,AA,BB,DD EE.GG HH.LL,NN.00) .
D. Remarks
The stream identified as Stream 2 was determined to be isolated and is not subiect to Section 404 of the Clean Water Act.
See the attached maps (Shects 1 -51) received by the U.S. Army Corps of Engineers on August 27, 2013.
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:Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by December 8, 2014.
* *It is not necessary to submit an RFA form to the District Office if you do not object to -the determination in this correspondence. **
Corps Regulatory Official: 41w� "�
Date October 10, 2014
Expiration Date October 10, 2019
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 the Customer Satisfaction Survey located at our website at hiip : / /re,- ulatory.usacesurvey.com/ to complete the survey
online.
Copy furnished:
Troy Beasley
Withers and Ravenel
1410 Commonwealth Drive, Suite 101
Wilmington, North Carolina 28403