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Home My WebLink About20230124 Ver 1_Kyndall Cove PCN Attachments Package Revised 4-13-23 Part 1_20230414 Page 1 of 53 Kyndall Cove S. D. Pre-Construction Notification Attachments SEGi Page 3 of 53 SEGi Page 4 of 53 SEGi Page 5 of 53 SEGi Page 6 of 53 SEGi Page 7 of 53 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01690 County: Brunswick CountyU.S.G.S. Quad: Winnabow NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Port City Community Church Richie Marshall Address: 250 Vision Drive Wilmington, NC, 28403 Telephone Number: (910)202-8800 Size (acres) 20.51 acres Nearest Town Leland, NC Nearest Waterway Sturgeon Creek River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.23469 Longitude: -78.02143 Location description:This 20.51acre project site includes (2) separate parcels located on Old Fayetteville Road in Leland, Brunswick County, NC. (Parcel IDs: 037DB012, 037DB011). The wetlands onsite were evaluated using the Navigable Waters Protection Rule (NWPR) guidelines Indicate Which of the Following Apply: A.Preliminary Determination There are waters, including wetlands, on the above described project area, 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. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any 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 Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described 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 of the U.S. on your 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 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 (CWA)(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 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 (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. Page 1 of 2 Page 8 of 53 SAW-2020-01690 We recommend you have the waters of the U.S. on your 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 of the U.S., including wetlands, 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 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 ______________. 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 no waters of the U.S., to include wetlands, present on the above described project area 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. X 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 Wilmington, NC 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 Gary Beecher at (910) 251-4694 or Gary.H.Beecher@usace.army.mil. Basis For Determination:Thewetlands on this 20.51 acre project site do not meet the Navigable WatersProtectionRule (NWPR) requirements for Jurisdictional Waters or Wetlands of the U.S. These w areJurisdictional Waters of the U.S. Remarks:Site visit conducted with David Scibetta (SEGI) on February 26, 2020 & June 2, 2020. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F.Appeals Information for Approved Jurisdiction Determinations (as indicated in Section 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@USACE.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 November 20, 2020. Page 9 of 53 SAW-2020-01690 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: ______________________________________________________ Date:September 29, 2020 Expiration Date: September 29, 2025 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 our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Copy Furnished via e-mail to: Consultant: David Scibetta SEGI 5315 South College Road, Suite E Wilmington, NC, 28403 (910)452-2711 dscibetta@segi.us Page 10 of 53 SAW-2020-01690 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Port City Community Church File Number: Date: Richie MarshallSAW-2020-01690September 29, 2020 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 SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 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 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 permitto 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 permitfor 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) becauseof 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. Page 11 of 53 SAW-2020-01690 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. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 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. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: US Army Corps of Engineers District Engineer, Wilmington Regulatory Division, South Atlantic Division Attn: Gary Beecher Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A.SHANNIN@USACE.ARMY.MIL 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 send this form to: District Engineer, Wilmington Regulatory Division,Attn:Gary Beecher, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137, PHILIP.A.SHANNIN@USACE.ARMY.MIL Page 12 of 53 Page 13 of 53 Page 14 of 53 Page 15 of 53 Page 16 of 53 Page 17 of 53 SEGi Page 18 of 53 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02086 County: Brunswick County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Fay Fieldcrest LLC Mike Rokoski Address: PO Box 1328 Wrightsville Beach, NC, 28480 Telephone Number: (910) 315-6200 E-mail Address: mjrokoski@gmail.com Size (acres) 61.2 acres Nearest Town Leland, NC Nearest Waterway Sturgeon Creek River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.22965; Longitude: -78.01377 Location description:This 61 acre project is located on Oak Lane in Leland, Brunswick County, NC. (Parcel ID: 0370005576 & 038IH001). Indicate Which of the Following Apply: A. Preliminary Determination XThere appear to be waters, including wetlands, on the above described 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. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any 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 Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request 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 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. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any 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 Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request 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 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 of the U.S., including wetlands, on your 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. Page 1 of 2 Page 19 of 53 SAW-2021-02086 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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(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 of the U.S., including wetlands, 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 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 of the U.S., including wetlands, on your 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 of the U.S., including wetlands, 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, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. 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 ______________. 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 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 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. XThe 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 Wilmington, NC 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 Gary Beecher at (910) 251-4694 or Gary.H.Beecher@usace.army.mil. C.Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: A desk top review was done on this JD application using information submitted by the consultant (SEGI) and Corps generated Topographic maps. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section 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: Page 20 of 53 SAW-2021-02086 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 PHILIP.A.SHANNIN@USACE.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 N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: ______________________________________________________ Date of JD: April 6, 2022 Expiration Date: PJD does not expire 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 our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Furnished via e-mail to: Consultant: David Scibetta SEGI 5315 South College Road, suite E Wilmington, NC 28412 (910) 452-2711 dscibetta@segi.us PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM Page 21 of 53 BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 4/6/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Fay Fieldcrest LLC, Mike Rokoski, P.O. Box 1328, Wrightsville Beach, NC 28480 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Oak Lane, SAW-2021-02086 D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Oak Lane Leland, Brunswick County, NC (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NCCounty: Brunswick City: Leland Center coordinates of site (lat/long in degree decimal format): Latitude: N 34.22965 Longitude: W 78.01377 Universal Transverse Mercator: Name of nearest waterbody: Sturgeon Creek E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: April 6, 2022 Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. 9ƭƷźƒğƷĻķ ğƒƚǒƓƷ ƚŅ DĻƚŭƩğƦŷźĭ ğǒƷŷƚƩźƷǤ Ʒƚ ǤƦĻ ƚŅ ğƨǒğƷźĭ ğƨǒğƷźĭ ƩĻƭƚǒƩĭĻƭ źƓ Ǟŷźĭŷ ƷŷĻ ğƨǒğƷźĭ ƩĻƭƚǒƩĭĻ \[ğƷźƷǒķĻ ΛķĻĭźƒğƌ \[ƚƓŭźƷǒķĻ ΛķĻĭźƒğƌ ƩĻƭƚǒƩĭĻƭ Λź͵Ļ͵Ͳ {źƷĻ bǒƒĬĻƩ ƩĻǝźĻǞ ğƩĻğ ΛğĭƩĻğŭĻ ͻƒğǤ ĬĻͼ ƭǒĬƆĻĭƷ Λź͵Ļ͵Ͳ ķĻŭƩĻĻƭΜ ķĻŭƩĻĻƭΜ ǞĻƷƌğƓķ ǝƭ͵ ƓƚƓΏ ğƓķ ƌźƓĻğƩ ŅĻĻƷͲ źŅ {ĻĭƷźƚƓ ЍЉЍ ƚƩ {ĻĭƷźƚƓ ǞĻƷƌğƓķ ǞğƷĻƩƭΜ ğƦƦƌźĭğĬƌĻ ЊЉΉЍЉЍΜ tƩƚƦƚƭĻķ b ЌЍ͵ЋЋВЏЎ АБ͵ЉЊЌАА ЋЎ͵АЌ ğĭ ĻƷƌğƓķ ЍЉЍΉЍЉЊ ĻƷƌğƓķ Њ ЍЉЍΉЍЉЊ tƩƚƦƚƭĻķ b ЌЍ͵ЋЌЊЏЉ АБ͵ЉЊЍЋБ Љ͵ЉЋ ğĭ ĻƷƌğƓķ ĻƷƌğƓķ Ћ ЍЉЍΉЍЉЊ tƩƚƦƚƭĻķ b ЌЍ͵ЋЌЊЌЌ АБ͵ЉЊЋБЉ Љ͵ЌЌ ğĭ ĻƷƌğƓķ ĻƷƌğƓķ Ќ ЍЉЍΉЍЉЊ tƩƚƦƚƭĻķ b ЌЍ͵ЋЌЊЋБ АБ͵ЉЊЊАЊ Љ͵ЏА ğĭ ĻƷƌğƓķ ĻƷƌğƓķ Ѝ ЍЉЍΉЍЉЊ tƩƚƦƚƭĻķ b ЌЍ͵ЋЌЊЉЌ АБ͵ЉЊЋЌА Љ͵ЎВ ğĭ ĻƷƌğƓķ ĻƷƌğƓķ Ў tƩƚƦƚƭĻķ ЍЉЍΉЍЉЊ bƚƓΏ b ЌЍ͵ЋЋВЋВ АБ͵ЉЊЍЍЌ ЊЋЍЋ ƌŅ bƚƓΏǞĻƷƌğƓķ ĻƷƌğƓķ ğƷĻƩ Њ tƩƚƦƚƭĻķ bƚƓΏǞĻƷƌğƓķ ЍЉЍΉЍЉЊ bƚƓΏ b ЌЍ͵ЋЌЊЏА АБ͵ЉЊЌВБ ЊЎЉЋ ƌŅ ĻƷƌğƓķ ğƷĻƩ Ћ tƩƚƦƚƭĻķ bƚƓΏǞĻƷƌğƓķ ЍЉЍΉЍЉЊ bƚƓΏ b ЌЍ͵ЋЌЊЏЋ АБ͵ЉЊБЉБ АЏВ ƌŅ ĻƷƌğƓķ ğƷĻƩ Ќ Page 22 of 53 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources inthe review area, and the requestor of this PJD is hereby advised of his or her optionto request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and theircharacteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or aNationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP orother general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permitauthorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a profferedindividual permit) or undertaking any activity in reliance on any form of Corps permitauthorization based on a PJD constitutes agreement that all aquatic resources in thereview area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all termsand conditions contained therein), or individual permit denial can be administrativelyappealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an officialdelineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the followinginformation: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Field sketch of wetland Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: DatasheetspreparedbytheCorps: Page 23 of 53 Corpsnavigablewaters'study: U.S.GeologicalSurveyHydrologicAtlas: USGSNHDdata. USGS 8 and12digitHUCmaps. U.S.GeologicalSurveymap(s).Citescale & quadname:2019 Winnabow 1:24k NaturalResourcesConservationServiceSoilSurvey.Citation:Soil Survey of Brunswick Co. Nationalwetlandsinventorymap(s).Citename: State/localwetlandinventorymap(s): FEMA/FIRMmaps: 100-yearFloodplainElevationis:(NationalGeodeticVerticalDatumof1929) Photographs:Aerial(Name&Date):2019 NCOneMaps Orthoimagery orOther(Name & Date): Previousdetermination(s). File no.anddateofresponseletter: Otherinformation(pleasespecify): IMPORTANT NOTE:Theinformation recorded on thisform has not necessarilybeen verifiedbytheCorps and should not berelieduponforlaterjurisdictionaldeterminations. SignatureanddateofRegulatory SignatureanddateofpersonrequestingPJD staffmembercompletingPJD (REQUIRED,unlessobtainingthesignatureis DATE 1 impracticable) 1 DistrictsmayestablishtimeframesforrequestertoreturnsignedPJDforms.Iftherequesterdoesnotrespondwithinthe establishedtimeframe,thedistrictmaypresumeconcurrenceandnoadditionalfollowup is necessarypriortofinalizingan action. Page 24 of 53 Page 25 of 53 Page 26 of 53 Page 27 of 53