20221406 Ver 2_Malmo Attachments 8-25-23_20230825

DAVEY#-.
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
August 25, 2023
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Malmo Loop Tract; Phase 1A & Spine Road
Malmo Loop Rd; Leland; Brunswick County, NC
NWP 29 & 14 Application
Action ID# SAW-2022-01061 & DWR Project #20221406
To Whom It May Concern:
On behalf of Malmo Ventures, LLC, Davey Resource Group is submitting a Pre -Construction Notification form and
associated attachments for Phase 1A & Spine Road of the Malmo Loop Tract residential development, located off
Malmo Loop Rd in Leland, NC. The purpose of the project is to construct the first phase of a residential subdivision
within the tract (Phase 1A) and a spine road that will provide access from Malmo Loop Road to Hwy 74/76.
A NWP 29/14 and 401 WQC were issued earlier this year for impacts to 0.183 ac of wetlands and 0.1 acre of
jurisdictional open water ditches needed for Phases 1A and 113. Since that time, Phase 113 has been removed from
the applicant's development plan (area to be sold to a third party, see Sheet 2). Additionally, the spine road has been
designed and additional wetland impacts are requested. The applicant wishes to replace the previous permits with
this request. Future phases of the overall development will likely have additional wetland/stream impacts and will
be looked at cumulatively with impacts in Phase 1A and the spine road.
AT&E assessment of the entire site was performed and did not identify any issues. Forested portions of the site may
provide suitable habitat for the northern long-eared bat & tri-colored bat. The NLEB determination key was prepared
for the project and resulted in a MANLAA determination. Additionally, streams and wetlands in the southwestern
part of the site may provide suitable habitat for the American alligator and wood stork, but these areas will be
avoided. Also note that we requested comments from SHPO for the entire site and they didn't have any comments.
The project proposes to impact 0.332 acres of jurisdictional wetlands and 0.03 acre of jurisdictional ditches for lot fill
and roads. To mitigate for these impacts, the applicant proposes restoring wetlands and streams on site by removing
an old road bed. A restoration plan is enclosed.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
4.,-, WLI
Kim Williams
Environmental Scientist
www.davey.com • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

MALMO LOOP TRACT
Phases 1A & Spine Road
Brunswick County
PCN Attachments
Table of Contents
1.0 PRE -FILE REQUEST
2.0 AGENT AUTHORIZATION FORM
3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
4.0 SITE PLAN DRAWINGS
Sheet 1. Site Plan of Phase 1A & Spine Road
Sheet 2.Overall Land Use Plan
Sheet 3. Existing Conditions at Stream/Wetland Crossing
Sheet 4. Wetland Exhibit Bridge and Culvert Profiles
Sheet 5. Wetland Impacts #1 - #2
Sheet 6. Wetland Impacts #3 - #4
Sheet 7. Wetland Impacts #5 - #6
Sheet 8.Open Water Impact #1
Sheet 9. Wetland Impact #7 & Road Cross Section
Sheet 10. Wetland Impact #8
5.0 PRELIMINARY JURISDICTIONAL DETERMINATIONS
6.0 PREVIOUS SECTION 404/401 PERMITS
7.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC Species List
NLEB Determination Key
8.0 STREAM AND WETLAND RESTORATION PLAN

1.0 PRE -FILE REQUEST

8/25/23, 10:50 AM The Davey Tree Expert Company Mail - Pre -Filing Request: Malmo Loop Rd; Brunswick Co.
DAVEYS Williams, Kim <[e-mail]>
Pre -Filing Request: Malmo Loop Rd; Brunswick Co.
1 message
Williams, Kim <[e-mail]>
To: 401 [e-mail]
Cc: Kim Williams <[e-mail]>
Mon, May 9, 2022 at 3:08 PM
Hello -
I am working with Logan Homes on the development of their property off Malmo Loop Rd in Brunswick County. They are
proposing a residential development that may impact wetlands. Attached is a wetland map. A site plan is currently being
developed.
Client: Logan Homes c/o Ms. Mary Catherine Santos; [e-mail]
Site: Malmo Loop Rd Tract; Leland, NC (Brunswick County)
This email serves as our pre -filing meeting request.
Thanks so much!
Kim
Kim Williams I Section Manager
Davey Resource Group, Inc.
Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: [phone]
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403
DAVEY
Resource Group
Visit our local office page
MalmoLoopFarm_PreliminaryDelineationSketch_AJD.pdf
2009K
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view= pt&sea rch =a ll&permth id =th read -a: r2073001007672133702%7Cmsg-a: r-334561711 81263781 ... 1 /1

2.0 AGENT AUTHORIZATION FORM

DAVEY#-.
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for Malmo Loop Tract; Phase 1 & Spine Road located in Northwest, NC. All questions regarding
this project should be directed to Davey Resource Group.
Sincerely,
plicant
rint Name
s�JI?Z1Z3
Date
Phone: [phone] Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph

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4.0 SITE PLAN DRAWINGS
Sheet 1. Site Plan of Phase 1A & Spine Road
Sheet 2.Overall Land Use Plan
Sheet 3. Existing Conditions at Stream/Wetland Crossing
Sheet 4. Wetland Exhibit Bridge and Culvert Profiles
Sheet 5. Wetland Impacts #1- #2
Sheet 6. Wetland Impacts #3 - #4
Sheet 7. Wetland Impacts #5 - #6
Sheet 8.Open Water Impact #1
Sheet 9. Wetland Impact #7 & Road Cross Section
Sheet 10. Wetland Impact #8

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5.0 PRELIMINARY JURISDICTIONAL DETERMINATIONS

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02583 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
Malmo Ventures
Tim Long
60 Gregory Rd NE
Belville, NC, 28451
[phone]
tlo ng(a,loganhom es.co m
Size (acres) 216
Nearest Waterway Hood Creek
USGS HUC 03030005
Nearest Town Leland, NC
River Basin Cape Fear
Coordinates Latitude: 34.26427 Longitude:-78.12013
Location description: This 216-acre site is located on Fawnbrooke Way NE in Leland, Brunswick County, NC.
(Parcel IDs:021000057,0210005701 & 02100078,0210007702 & 0210007701)
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described property, that may be subiect 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 iurisdiction 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
iurisdictional 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

SAW-2022-02583
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.
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 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 Gary Beecher at [phone] or
Ga rv.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 conducted on this application using information provided by the consultant (Davey
Resources Group) and from Corps generated Lidar 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:

SAW-2022-02583
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. SHANNINgUSACE.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.
Digitally signed by Gary H.
Gary H. BeecherBeecher
Date: 2023.05.09 13:24:58-04'00'
Corps Regulatory Official:
Date of JD: Mav 9, 2023
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 email to:
Kim Williams
Wes Fryar
Davey Resource Group
3805 Wrightsville Avenue. Suite 15
Wilmington, NC, 28403
Kim. Williams(a,Davey. co m

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: May 9, 2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: KIatz,N.,th Klotz,&Manna,.T,..ts,DRG,3805 Wrightsville Ave., Ste.,5, Wilmington, NC28403
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Klutz, North Klutz, Marinaro Tracts,
SAW-2022-02583
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (lat/long in degree decimal format):
Lat.: 34.263742 Long.:-78.116031
Universal Transverse Mercator: 17 s 765152.36 m E 3795131.87 m N
Name of nearest waterbody: Hood Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑x Office (Desk) Determination. Date: May 9, 2023
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY
JURISDICTION.
Site
Latitud
Longitude
Estimated
Type of aquatic
Geographic authority to
number
a
(decimal
amount of
resource (i.e., wetland
which the aquatic
(decima
degrees)
aquatic resource
vs. non -wetland
resource "may be"
I
in review area
waters)
subject (i.e., Section 404
degree
(acreage and
or Section 10/404)
s)
linear feet, if
applicable)
W1
34.268738
-78.122259
0.3 ac
Wetland
Section 404
W2
34.268209
-78.123399
0.1 ac
Wetland
Section 404
W3
34.265748
-78.117627
18 ac
Wetland
Section 404
W4
34.266093
-78.121172
0.1 ac
Wetland
Section 404
W5
34.265264
-78.125155
0.04 ac
Wetland
Section 404
W6
-78.125155
-78.124775
1.6 ac
Wetland
Section 404
VV7
34.264238
-78.125787
0.3 ac
Wetland
Section 404

W8
34.264156
-78.126296
0.1 ac
Wetland
Section 404
Wg
34.262958
-78.126343
0.4 ac
Wetland
Section 404
W10
34.262729
-78.125450
0.1 ac
Wetland
Section 404
W11
34.261803
-78.125933
2.3 ac
Wetland
Section 404
W12
34.262585
-78.122297
4.23 ac
Wetland
Section 404
W13
34.263409
-78.116712
15.7 ac
Wetland
Section 404
W14
34.263514
-78.112511
0.3 ac
Wetland
Section 404
W15
34.264018
-78.111903
1.2 ac
Wetland
Section 404
W16
34.264657
-78.111232
0.1 ac
Wetland
Section 404
W17
34.268301
-78.105677
4.0 ac
Wetland
Section 404
S 1
34.265664
-78.121598
666 If
Non-
Section 404
Wetland
Waters
S2
34.263739
-78.122636
1,149If
Non-
Section 404
Wetland
Waters
S3
34.263776
-78.121774
668 If
Non-
Section 404
Wetland
Waters
S4
34.262155
-78.125169
1,002 If
Non-
Section 404
Wetland
Waters
S5
34.261715
-78.125708
286 If
Non-
Section 404
Wetland
Waters
S6
34.261465
-78.125763
118 If
Non-
Section 404
Wetland
Waters
T1
34.267847
-78.123713
426 If
Non-
Section 404
Wetland
Waters

T2
34.263611
-78.112019
47 If
Non-
Section 404
Wetland
Waters
T3
34.263547
-78.112046
38 If
Non-
Section 404
Wetland
Waters

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to 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 their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other 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 permit
authorization, 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 subject
permit 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 proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review 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 terms
and conditions contained therein), or individual permit denial can be administratively
appealed 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 official
delineation 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 following
information:

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: Section 401/404 Preliminary Sketch - PJD Reference
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
x] Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
1:600, USGS Leland 7.5 Minute Topographic Quad
■❑ Natural Resources Conservation Service Soil Survey. Citation: _NRCS GIS Soils Data
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ❑■ Aerial (Name & Date): NAPP 1998 Infrared, 2020 NC One Map
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑x Other information (please specify): Corps produced Lidar Maps
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Date: 2023.05.09 13:25:30-04'00'
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01061 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
Malmo Ventures LLC
D Logan
60 Gregory Road, Ste 1
Belville, NC, 28451
[phone]
dlogan(alogandevelopers.co m
Size (acres) 686 acres
Nearest Waterway Hood Creek
USGS HUC 03030005
Nearest Town Northwest, NC
River Basin Cape Fear
Coordinates Latitude: 34.258007 Longitude:-78.113536
Location description: This 686 acre site (Ashton Woods) is located off Malmo Loop Road in Northwest, Brunswick County,
NC (Parcel ID: 0280000106).
Indicate Which of the Following Apply:
A. Preliminary Determination
X 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 iurisdiction 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
iurisdictional 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

SAW-2022-01061
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.
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 [phone] or
Ga rv.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 conducted on this JD application using information obtained from the consultant
(Davey Resources Group) and Corps generated QL2 Lidar 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: