20231396 Ver 1_BrandeeBoggs_USACE_20231012

1
Inscore, Chris
From:Boggs, Brandee C CIV USARMY CESAD (USA) <[e-mail]>
Sent:Tuesday, October 10, 2023 1:26 PM
To:Inscore, Chris
Cc:Hickman, Tyler N; Andrea J Leslie
Subject:Delineation Concurrence and NWP#57_SAW-2023-01686 (Duke Energy Distribution
Eller Ct/Duke Energy Distribution/3803 Eller Court/Caldwell)
Attachments:2021_NWP-57_Electric Utility Line and Telecommunications Activities.pdf; WotUS
maps_SAW-2023-01686_08222023.pdf
This Message Is From an External Sender
This message came from outside your organization. Do not click links or open attachments unless you recognize the sender and
know the content is safe.
Report Suspicious
On August 22 2023, we received information from you requesting the Wilmington District, Regulatory
Division review and concur with the boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-
mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently
accurate and reliable representation of the location and extent of aquatic resources within the identified review
area. The location and extent of these aquatic resources are shown on the delineation map (or survey), labeled
WOUS Fig 7 page number: 1-1; page number: 1-4; page number: 1-7; page number: 1-8; and dated July
2023 without revisions.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/1256 provides guidance for
Jurisdictional Determinations (JD) and states “The Corps generally does not issue a JD of any type where no JD
has been requested”. At this time we are only verifying the delineation. This delineation may be relied upon
for use in the permit evaluation process, including determining compensatory mitigation. “This verification
does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be
interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is
not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331).
However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional
Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide
any additional documentation.
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 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,
2
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.
In addition I am attaching the Nationwide Permit #57 Electric Utility Line and Telecommunications
Activities. This is a non-notifying permit action however the project must meet the terms and conditions of
the attached NWP including but not limited to receiving all other necessary permits such as 401
certification.
Kindest Regards,
Brandee Boggs (she/her)
Regulatory Specialist
Work Hours: Tues-Thurs 930a.m-6pm
828.271.7980 x 4224
US Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801