20150342 Ver 1_USACE - Jurisdicitional Determination_20130905

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id 201301674 County Forsyth U S G S Quad Kernersville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent Smith Crossing Mixed Use Development / Allied Design, INc. / Channin Bennett
Address-
4720 Kester Mill Road
Winston- Salem, NC 27103
Telephone No 336 723 -8955
Property description
Size (acres) _ Nearest Town Kernersville
Nearest Waterway SFiddlers Creek River Basin Yadkin
USGS HUC 03040101 Coordinates N 36 078852 W -80 104768
Location description Proposed development site located off of 1455 Union Cross Road, adiacent to Fiddlers Creek,
Kernersville, Forsyth County North Carolina. This determination is for the drained pond on the site as defined by the
attached map and does not included other properties included in the future proposed protect.
Indicate Which of the Following Apnly:
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 venfied by the Corps This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1)
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 including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWAx33 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 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 waters of the U S including wetland 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 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 may be relied upon for a period not to exceed five years from the date of this
notification
Page 1 of 2

Action ID:
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 John Thomas at 919 5544884 ext. 25
C. Basis For Determination
There are stream channels within your aroiect site which are tributaries of Fiddlers Creek which flows into the Yadkin
River and the Atlantic Ocean.
D. Remarks
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
Atm Jean Gibby, 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 3315, 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 Novemaber 5, 2013
* *It is not necessary to submit an RFA orm to the District Office if you do not object to the determination in this
correspondence **
Corps Regulatory Official -
Date 09/05/2013 Expiration Date 9/05!2018
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 http //re ulatory.usacesurvey com- to
complete the survey online
Copy furnished
Walter Cole, S &ME, Inc, 3201 Spring Forest Road, Raleigh, CN 27616
Page 2 of 2

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Applicant' : Smith Crossing Mixed Use
Development / Allied Design, INe. / Channin
Bennett
File Number- SAW 2013
01674
Date: Septemberl 2, 2013
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
PRELIMINARY JURISDICTIONAL DETERMINATION
E
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 notice, 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 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
• 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 district 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 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.
M
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T
�,g +_S�TF�©R�APLPEAL or OBJECT ;TI®NST�©AjNIN+ITI�AL�PR©FFERED PE T ,Y
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 alreadz in the administrative record.
P;OIIVTOFCON�TAC�TFORa UES�TI®NSORINF�O
4 �,TION� *R ` ,,1
If you have questions regarding this decision
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
John Thomas @ 919 554 -4884 ext 25
Mr Mike Bell, Administrative Appeal Review Officer
CESAD- ET -CO -R
U S Army Corps of Engineers, South Atlantic Division
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.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Jean Gibby, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587

For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303 -8801

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