20061223 Ver 3_PJD_20230313

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01277 County: Pitt U.S.G.S. Quad: NC -Greenville SW
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Kenneth Smith Properties, Inc.,
Mr. Kenneth Smith
Address: 1588 HWY-102 East
Auden, North Carolina 28513
Telephone Number: 252-717-2551
E-mail: kenneth a,jonesandsmith.us
Size (acres) 27.05 Nearest Town Winterville
Nearest 'Waterway Swift Creels River Basin Neuse
USGS HUC 03020202 Coordinates Latitude: 35.5057
Longitude:-77.4033
Location description: The review area is a proposed extension of the existing Brookstone Subdivision from 351 Winding
Meadows Lane in Winterville, NC. Parcel Index Number: 4674429731, AIt. PIN: 70650.
Indicate Which of the Followine Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/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). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/1/2021. Therefore
this preliminary 'urisdiction determination may be used in the permit evaluation rocess including determining com ensato
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures a permit decision made on the basis of a preliminag JD will treat all waters and wetlands that would be affected in an
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 Re ug latory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
re uest an approved JD which is an appealable action by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/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,
including wetlands on your project area/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 project area/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
(C WA)(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, including wetlandson the above described project area/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 recommend you have the waters, including wetlands on your project area/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, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed, Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2021-01277
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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in die 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/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 (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] 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 Emily B. Thompson at [phone] or
Emily.B.ThompsonQusace.army.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 9/24/202.1.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/detennination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The del ineationldetermination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in 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 i4USACE.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 avl2licable.
**It is not necessary to submit an RFA form totheDivision Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: � �. J,�LAft
Date of JD: 9/24/2021 Expiration Date of JD: Not applicable

SAW-2021-01277
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
http://corpsmapu. usace.army.ini I/cm_apex/Vp=13 6:4:0
Copy furnished (via e-mail):
Agent:
Environmental and Soil Service, Inc.
Mr. Scott Stone
Address:
Post Office Box 82
Pinetous, North Carolina 27864
Tel eplione Number:
252-531-3471
E-mail:
esssoil(&aol.com

i
0
c
O
�
U �
—
axi o
v
NI
U
'r
c
Uf
c
� J
a
v oC-
a
m m
Y X
C
0
C Y Q
a
gwg
0
u
rn
c
o
m
? c c C
Val
L
U Q m V
v
1 r
Iltl
dL
v
s ,nCD 0
SAw++�++kO
�+++ ++��
0
tom, ��� •
co
CD oioo L?<o
�Go
r-
• w o
• r-I O`] C+:. CO l Op m CO ti7