20150368 Ver 1_bridge 53 JD_20150416

U.S..��.�Y �O�PS OY .�N��N �rRS ��`�
WILMTNGTON DiSTRTCT
Action Id. SAW-2014-OOb05 Couaty: CasweCC i7.S.G.S. Quad: NC/VA-Rin�sold
NOTYF�CATYON O� .,'UR�SDIC � IONp� . D�TE�MINAT�ON
Property 4vvner: NC Department of Transuortation, Div 7
J1VI. Mills
Address: PO Bo�c
Greensboro, NC 27415
7�elephone Num6er: 336-334-3192
Size (acres) N/A Nearest Town Miltan
Nearest Waterway Cane Creek River Basin Lower Dan. North CaroIina.
USGS HLTC 8301.0I04 Coorclinates Latitude: 3G.540�Longitude: -79.2632
T.,ocation description: Stud area for WBS No.17BP.7.R.82 Brid e No. 53 over Car�e Cree on 5R 1527 River Bend
Rnad west of Milton NC.
��dicate `�Vhich ox the Followin A 1:
A. ��elimirary �efe: mina�io�
Based an prelizninary information, ihere x�na.y be waters of the U.5. including we�lands on t17e abave describad project area.
We strongly suggest yon have tIus property inspected to determine the extent of Department of the Army (DA}
jurisdiction. To be considered finaI, a juiisdictaonal detPrrrLation must he verified by the Corps. This preliminarq
determination is not an appealable action undez the Regulatory Program Adrninistrati�ve Appeal Process {Raference 33
CFR Part 331). If you �rish, you may request an approved JD (which may be appealed), by conta.cting the Cozps district
for ftuther instruction. AIso, you may provide new information for fizrther considezation by the Corps to reevaluate the
JD.
�. Approved retermuinat�on
There are Navigable Waters of the United States within the above described project area subject to tbe permit requrrements
J of Sectian 10 of the Rivers and Harbars Act and Sec�ion 404 of the Clean Water Act. Unless there is a chan�ge an the law
ox our pnblished regulations, this detexmination may ba relied upon far a period not to exceed iive years from the date of
this notification.
X'Tk�.eze are waters of the U.S. including wetlands on the above described project area subject to the pernut requirements of
Seciaon 404 of the Clean Water Act (CWA}(33 USC § i344}. Unless there is a change in the la.w or our published
regulations, ttris rtetermination may be relied upon for a period not to e�cceed five years from tJae date of this notification.
We strongly suggest you ha�e the waters of the U.S. includi�ag wetlands on your project area delineated. Due to tb.e
size of youz pzoperty and/ar our present workload, the Corps may not be able to accomplish this wet�aud delineation in a
tirnely manner, For a more timely delineation, you znay wish to obtain a consultant. To be considered final, any
delinea�iom m�st be verified by the Carps.
X The waters of the U.S. inclucling wetiands on your project area have been delineated ax�d the delineation has been
verified by the Corps. We slrongly suggest you have this delineation sur�eyed. Upan completion, tIvs survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depictiozz of aIl areas subj ect to
CWA jurisdiction on your property wbich, pro�vided there is no cha.nge in the law or our published regulations, may be
relied upon fox a period not to exceed five years.
The waters of the U.S. including w'etlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory O£�'icial identified below an . Unless there is a change in tlie law or our published
reguIations, this dete�ina�ion 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 wet�ands, present on the above desczibed project area which are subject to the
r pezmit requirements of Section 404 of the Clean Water Act {33 USC 1344). T]nless there is a change in the Zaw or out
pnblished reg�xlations, this deternvnation may be relied�upon for a period not to exceed five years from the date of thzs
notificat:ion.
Action Id. SAW-2014-00972
Page 1 of 2

Placernent of dredged or fill material within waters of the US and/or wetlands without a Deparhment oithe Army permit may
constituta a violatian of Section 301 of the Clean Water Act (33 LT�C § 1311). If you have any qnestions regarding Yhis
determination and/ar the Corps regulatory program, please contact Eric Alsmever at 919-554-�48$4 �3 or
Eric.C.Alsme er usace.arm .mail.
C. 3asxs � or Determina:�o�: �'he p�toject area contains zelatively permanent vvaters, with indicators of ordinary ]v.gh
water marks, stream channels of of Cane Creek, and adjacent wetlands. Cane Creek is a tributary of the Dan River, a
Traditional Navigable Water.
i;. Re�arks: This TD was conf'umed by field inspection on 12/17/2013. The drawing on the attached Figure 3, "Wetland
Delineation, Projecf No. 17.BP.7.R.$2", received by e-mail on 3/4/2014, accurately depicts the jurisdictional waters of the US
within the subject study area.
�. .� ttent?on U��.�.A �rogram �'articipants
TYus delineationldetemunation has been conducted to identify the limits o� Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/detern�nafion may not be valid :foz tlae wefland conservation
pro�visions of the Food Security Act of I985. If you or your tenant are USDA Program participants, az anticipate part�cipataon
in USDA programs, yau shouZd request a certified weiland detern�at�on from the local office of tlze Naiural Resouzces
Conservation Service, prior to starting work.
F. Appea�s T.1lformat�Ot1 (This infnrmation applies only ta approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approvec� jurisdictional determi.nation for the above described site. If you object to tlus
deberm;nation, you may request an adminislrative appeal iauder Corps regulations at 33 CFR Part 331. �nclosed you wzll find a
Noti�catzon of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
deteimination you must submit a completed RFA form to the folIowing address:
US Army Corps of Engineers
South Atlantic Division
Atln: rason Steele, Review Officer
60 Forsyth Sireet SW, Room 10M15
At�anta, Georgia 34303-8801
Jxx order £or an RFA to be accepted by the Carps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, azzd that i# has been received by the Division Office withi.n 50 days of the date of fhe NAP.
Should yau decide ta submit an RFA forni, it must be zeceived at the above address by Julv 3, 2014.
**It is not necessary to submit an RFA fortn to the Division Offce if you do not object to the deterini.uation in this
correspandence.�* ,:
/� 'i .5'—
�.�.�- C- - f �`-�,
Corps Regulatary Official: ,
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Date: Mav 5, 2014 Expira�ion Date: Mav 5, 2019
The Wilmington District is com�mitted to pro�riding the highest level of support to the public. To help us ensure we
continue ta do so, please camplete our Customer Sa�isfac�ion Survey, located online at
h :llre lato .usacesurve .coml.
Copy fizrnished: Agent: ARC.A.DIS
Robert Lepsic
Address: 801 Corporate Center Drive, Suite 304
Ralei�h, NC, 27b07
Telephone Number: 919.854.12$2

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k NQTrFICA'TID�T OF AiIMINIS�RATi`� APPEA�. OPTIONS AND PROCESS �.ND
� -"�" RE UEST FOR A!'PEAL
A licant: NC De t. af Trans ortation, Div 7;J.M. Mil�s k'ile Number: SA��-2014-00605 Date: Ma S, 20x4
� Attached is: See 5ection below
�❑ 11VZTZAL PROFFERED PERMIIT Standard Pernut or Letter of ermr.ssion A
�❑ PROFFERED PERMIT (S�andard Pemiit oz' Letter o� ermission) B
� ❑ P�RMIT DENIAL C
� � APFROVED JURISDICTIONAL DETERM.TNATIQN D
� I—I PRELIMINARY T[TRISDICTIONAL DETERMINATION E
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SEC'TION I- The f�llowing ident�f"ies vaur nglits and apti�ms regardtng an admin3slrative appeal �if th.e ab��v� deciswn.
Add�f�c+nal u�farniauon may be found at http /.�www �sace.arrny.miU.l'vlissions/�.:�iv�Worl:s/Regulat�ryPzo�ramandPertmts.�sph or
y C"r�rps regulai�ons at 33 CF�t Patt 33 X. __
� A: INITIA� �R��'�'ERED �ERNIIs : 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 dastrict engineer for fina.l
�1 authorization. If you received a ietter of Pertnissio:n (L0�), you may accept the LOP and your work is authorized. Your
� signature on the Standard Permit or acceptance of the LOP means that yon accept the permit in its e:n�t.rety, and waive aII
righ�s to appeal the pernut, including its terms and conditions, and approved jurisdictional deterrr+inations associated witYt the
perir�it.
� OB]ECT: Lf you object to the pez�nit (Standard or LOP) because of certain terrns and conditions therein, you may request
that tiie parmit ba �odified accordingly. Yau must complete Sectian II of this %ztn and return fihe form to the district
en,gineer. Your objections must he received by the district engineer with:ixz 60 days of the date of this notice, or you wi11
fo�rFeit youx right to appeal the pexxnit in the future. Upon receipt of yot�x' letter, the district engineer wi�l evaluate your
I� object�ons and �naay: (a) modify the permit to address a11 of your concerns, (b) modify the permit to address some of your
objections, or {c) not nr�odi�y the pernut having determined that the permit s�ould be issued as pre��iously written. After
evaluafing y'our objections, the district engineer will send you a praffered pez�ait for yonr reconsideration, as indicated in
Sec#ion B below.
I B: PROFFERED PERMIT: You �nay accept or appeal the pernut
� ACCEPT: If yau received a Standard Per.mit, you may sign the permit document and retum it to the d:istrict engineer far fina.I
authorization. If you received a Leiter of Permission (LOP}, you anay accept the LOP and your woz'�C is authorized. Your
si.gnature on the Standard Permit or accepta�nce of the LOP means that you accept the pernzit in its entixety, and waive a11
rights to appeal the permit, including :its terix�s and conditions, and approved jurisdictional determanations associated with tl�e
pernlit.
� APPEAL: If you choose to decliz�e the proffered penxiit (Standard or LOP) because of certain terms and conditions therein,
you may appeal tiie declined pernzit uzzder the Corps of Engineers Administraiive AppeaI Process by completing Sec�ion II of
this form and sending the fortn to #1ie dzvision engi.neer. This form must be received by the divi.szon engineer within 60 days
of the date of tius notice.
C: PERMTT DENIAI,: You may appeal the denial of a pernut under the Corps of Engineers Admi.nistrative Appeal Process by'
compleiang Section II of this �Fozm and sending the form to the division engYneer. T�is �orm must be received by the division
engineer witivn 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMiNATION: You may accept or appeal the approved JD or provide ne�v
infornnation.
� ACCEPT: You do not need to notify the Corps to accept an a�proved JD. Failure to noti�y tr�e Corps within 60 days of the
date of this notice, means that you accept the appraved JD in its entirety, and waive all rigk�ts to appeal the approved 7D.
� APPEAL: Zf yau disagree with the approved JD, you z�ay appeal the approved JD under the Corps of Engineers
Administra�ive Appea� Process by completing Sectzon. II of this �orm and sending the form to the district engineer. This form
must be received by the division engineer ruithin 6p da.ys of the date of this notice.
! E: PRELIMINARY ] URISDICTIONAL DETERMINATION: You do not need to ;respond to the Corps regarding the f
prelim�nary rD. The Preliminary JD is not appealable. �f yau wislz, you may requast an approved JD (which may be appealed}, �
by contactix�g the Corps district for further instruction. Also you may provide new information for further considera�ion bq tkie �
� Cozps to reevaluate �he JD. �
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FOR �FPEf1L. or C�BJE� TIONS 'Z'cU AN INiT1:,��L. PRUFFFiZED PERM�T
� REASONS FOR A�PEAL OR OBJECTZONS: (Describe your reasons for appealing the decision or your objections to an initial
� proffered pezmit in c�ear concise statements. Yau may attach addi�ional information to this �orn� to cJarify where your reasons or
� objections are addz'essed in the administrative record.)
�.A.DD�TIONAL INFORMATION: The appeal is limited to a review of the admi�nzstrative record, the Corps memorand.um for the
I record of the appeal conference or meeting, and any supplernental ix�oz�ation that the review officer has determined is neecled to
; clarify the administrative record. Neither the appellant nor the Corps ma.y add new information or analyses to the recoxd.
! However, you may provide addi.tional infomZation ta clarify the locaixon of infarmation that is akeady in the administrative
�record.
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� POJNT �F G�NTAC'I FOR LJ�STIOI`7S OR II`'FGRMATION
� If yau have questions regarding this decisian andlor �he
appeal pracess you may contact:
District Engineer, Wilmington Regalatory Di�isian, Atlx�:
Eric Alsmeyer
� US Army Corps of Engineers, WiImington District
Raleigh ReguIatory Field Of6ce
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
T#' yau only have questians regarding the appeal process you may
also contact:
Mr. Jason Steele, � dministrafive A�peal Review Cfficer
CESAD-PDG
U.S. Arm� Corps of Engineers, Soath Atlantic Division
60 Forsyth Street, �oam IOM15
Atlanta, Georgia 30303-8801
Phone: (404) 562�5137
RIGHT OF ENTRY: Your signature beZow grants tha right oi entry to Corps af Engineers personnel, and any governtnent
consulYants, to conduct in.vestiga�ions of the project site during the couxsa of the appeal process. You will be provided a 15 da.y
notice o� an site investigation, and will have the op ortuni to a,rbici ate in all si.te inti esti ations.
Date: ; Telephone :�umber:
of arn�ellant ar
For Permit denials, Proffered Pern�its and approved Jurisdictional Determinations send this form to:
Division �ngineer, Comrna�der, iT.S. Army Engineer Divisian, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PD�, 60 Forsyth Streei, Room 1OM15, Atlanta, � eorgi� 30303-8801
Phone: (404) SG2-5137

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