HomeMy WebLinkAboutNCG021025_Application_20231109 Dogwood LD, PLLC
SHINGLETON FARMS SAND MINE
October 16, 2023
Attn: Mike Lawyer
NCDEQ- DEMLR-Stormwater Section
1612 Mail Service Center
Raleigh,NC 27699-1612
512 N. Salisbury Street, 5t6 Floor
Raleigh,NC 27604
RE: Shingleton Farms Mine NPDES NCG 02 o963
RETURN NOTICE#1351
Fender County
Dear Mr.Lawyer,
On behalf of Mr.Farnell Shingleton,we are submitting an updated discharge permit Notice for
General Permit for mines under NCGo20000. As we received your letter to Mr. Shingleton dated
September 20,2023,we have prepared a fully revised package that includes the latest review by the
Mining Program for the current modification to the mine. The mine was last approved in 2021 for
a minor modification of 9 additional acres,and we are submitting another modification for 5 acres.
We submitted the NPDES NOI application in May 202o,but even then,Mr.Shingleton thought he
was approved for discharge when he first permitted his mine in 2oi7. We're not sure why the
application process took this amount of time,but regardless of permit coverage,we have proposed
adequate erosion control and dewatering practices to reduce or eliminate any or all sediment runoff
from entering the downstream waters and wetlands since discharging or dewatering began.
You have requested we submit an updated application,pumping plan,and site plans to match
current conditions,which we have included. Please review the attached documents and let us know
if you have any questions or need additional information.
Regards;
Dogwood LD,PLLC
P-278-5
J. anch Smith,PE
dogwoodldpllc; gmail coin
(9ia)-264-1071
Cc: (i)NOI-NCG02 Application
(2)Current Mine Maps
(1)Copy of 2018 Welland PJD
Stormwater NPDES NCG02 Application **INFO REQUEST**
Cook,Brittany 5:Brittany.000k@deq.nc.gov>
Thu 10/26/2023 8:19 AM
To:famell shingletonfarmscom<famell@shingletonfarrnscom>;dogwoodldpllc@gmail.com<dogwoodldpllc@gmail.com>
Cclambe,Brian<brianJambe@deq.ncgov>
Good morning,
My name is Brittany Cook and I am the General Permit Coordinator for NPDES Stormwater Program at NC DEQ.We
received an application for coverage under General Permit NCG020000 for Shingleton Farms Mine on 904 Saps Road
in Hampstead.The passing of the NC State budget included updated fee adjustments for 2023.This is retroactive to
10/3/23 so all General Permit applications received on or after 10/3/23 must be accompanied by a $120 check.
In order to process the application for the Shingleton Farms Mine, please mail a $120 check made payable to NC
DEQ to: 1612 MCS, Raleigh NC 27699-1612.
Thank you,
Mrs.Brittany Cook
NPDES Stormwater General Permit Coordinator
Stormwater Program,Division of Energy,Mineral,and Land Resources
N.C.Department of Environmental Quality
Phone: (919) 707-3648
Email: Brittanycook@deq.nc.gov
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official,
�b\�123
NC6021025
Division of Energy, Mineral, and Land Resources Land Quality Section
National Pollutant Discharge Elimination System
NCG020000
This general permit covers STORMWATER AND/OR WASTEWATER DISCHARGES FOR AGENCY USE ONLY
associated with activities under SIC(Standard Industrial Classification)Code 14 Date Received
(Mineral Minina Industry)except for:peat mining, coal mining, metal mining, Year Month Day
oil and g '`- pits, in-stream sand
mining, c e intermixed on site
with stoc ^w � �I 1 information on the Certificate of Coverage
DEMLR I c W i-e f Qd 680A aid�V Check# Amount
OcivE2T Su �� T 1 Arvi�P�1/( form. Send the original,DireetitPermit Assigned to
signed t S rti flL(!C r�rl (9) below to: NCDEMLR
Stormx (� Raleigh, NC 27699-1612.
The sub....__._.. _. ge under the General Permit. Prior to coverage under this
General Permit a site inspection will be conducted.
1. Owner/Operator(to whom all permit correspondence will be mailed):
Name of legal organizational entity: Legally responsible person as signed in Item (10)below:
H F G S
Street address: City: State and zip code:
I�Lflq G 2 Nq3
Telephone number: Email address:
b 6 S. eom
2. Industrial Facility(facility being permitted):
Facility name: Facility environmental contact:
MOJ E
Street address: City: ttate and zip code:
d j G
Telephone Number: Email address:
to p co
Latitude of entrance: -j,/,y/60
Longitude of entrance: 7 ,
Parcel Identification Number(PIN)
35- 5825-- Do011
4-digit SIC code: Facility is: Date operation is to begin or began:
/t/ New ❑Proposed Existing f�6tiS ZoZd
Brief description of the types of minerals mined at this facility:
AW4 - /d,
Is this a processing-only facility for materials mined elsewhere? Is this an inactive mine site?
❑Yes ❑Yes
No 1 C60
Does total area of this mine site include ready-mixed concrete plant and/or asphalt plant areas?
❑Yes,and has separate NPDES stormwater permits(provide permit numbers):
❑Yes,and does not have separate NPDES stormwater permits
jo No
Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section?
WYes(please provide the Mining Permit Number) -1/-12-.
❑No(please indicate the status of the Mining Permit application)
Page 1 of 8
Are you applying for a discharge permit in the same location as a previously permitted mine?
_414e's(please provide permit number and mine name)
❑No
If the stormwater discharges to a municipal separate storm sewer system (MS4), name the operator of the MS4:
®</A
3. Consultant(if applicable):
Name of consultant: Consulting firm:
Street address: City: State and zip code:
205 S1&-R4Lf DR NG 2d
Telephone number: Email address:
4. Development Activities and Buffers
Mining operation will precede development activities at this site:
❑Yes
0
ine is located within one of the 20 Coastal Counties,and will it add more than 10,000 ftz of impervious surface:
QYe (to both)
o,this mine is within one of the 20 Coastal.CounYies,.but�will not at more than 10;000 ftz'"of impervious surface
❑No,this mine is not within one of the'20 Coastal Counties T
Mine is in the Neuse,Tar-Pamlico;or Catawba River_Basins;OR in'the Randleman or Jordan Water supply�Watersheds?
❑Yes(specify size of stream"buffers)
is #
KNO
S. Mine Dewatermg
Mine dewaterng`-will occur at this site:
-R
Yes ❑No(mark N/A for the rest of this section) .-
mine dewatenhgfromthisfaciiityviiiilibedischargedto:`' ,- -"
Y, f
Surface Waters and/or Wetlands4., '
[]Other(specify) _---
[]Mine will not discharge dewatering to Surface Waters and/or Wetlands;specify how dewatering will occur and where
water will be directed:
❑N/A
Wetlands and/or Surface Waters are within 400'of the mine pit perimeter: 404/401 Certification permits required:
Dyes(specify distance) $p r []Yes(briefly describe)
❑No ❑No
❑N/A ❑N/A
Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
Yes(please attach to this application) ❑No
6. Wastewater Treatment
Will this facility wash mined materials?
❑Yes Pd No
Will discharges of process wastewater treatment systems occur(including possible recycle system overflows)
[]Yes(please describe)
No
Page 2 of 8
Will this facility employ chemical additives to flocculate suspended solids?
_❑Yes(specify name/manufacturer/quantity of daily use)
R No
Note: please visit:https•//files.nc.gov/ncdeg/Water+Quality/Environmental+Sciences/ATU/PAMS 30 18.pdf for list of
approved PAMS
Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that exceed the 10-yr,24-hr
rainfall event?
❑Yes(specify which systems)
No
Are wastewater treatment facilities(including recycle systems) planned in the 100-year flood plain?
❑Yes [I No
Wastewater Treatment Alternative Review as required by 15A NCAC 2H.0105(c)(2)
Ty es of wastewater this mine site will discharge: ❑Mine Dewatering ❑Process Wastewater
Types of wastewater considered for this alternative review: ❑Mine Dewatering []Process Wastewater
Are there existing sewer lines within a one-mile radius?
❑Yes
❑Wastewater treatment plant will accept wastewater
❑Is feasible to connect(explain)
❑Is not feasible to connect(explain)
❑Wastewater treatment plant will not accept wastewater(please attach letter documenting this)
❑No
Are you already proposing a closed-looprecycl e.system.(CL'RS)=tit meets de'eign requirements ofl5A NCAC-2T.10000?
❑Yes,for dewatering ;' ( - � - i :• ��
❑Yes,for process wastewater _'`` — -!#
1
❑Yes,for both ,r F*-
❑No,this option.is technologically feasible(explain) a it
❑No,thi'option is not technologically feasible(explain);.
❑No,this option is otherwise feasible(explain) ?
J ♦ Z
( �i:l .'.f"i iS'�r'i7�• Itii ,`;i . !��li;1i�!c k''k.: l I;I;:' •1['�� '�z� � •'�
[]No,this option is otherwise not feasible(explain)
What is the feasibility of building a CLRS compared to direct surface water discharge?
Surface or Subsurface Disposal System
❑A surface or subsurface disposal system is technologically feasible(explain)
❑A surface or subsurface disposal system is not technologically feasible(explain)
❑A surface or subsurface disposal system is otherwise feasible to implement(explain)
❑A surface of subsurface disposal system is not otherwise feasible to implement(explain)
What is the feasibility of employing a subsurface of surface discharge as compared to a direct discharge to surface waters?
Direct Discharge to surface waters is the most environmentally sound alternative to all reasonably cost-effective options
for the wastewaters being considered?
[]Yes
❑No
Page 3 of 8
If this review included all wastewater discharge types,would excluding some types make any of the above non-discharge
options feasible for some the wastewaters?
❑Yes
❑No
7. Outfalls(s) At least one outfall is required to be eligible for coverage.
3-4 digit identifier: Name of receiving water: Classification: []This water is impaired.
If Cast LLpy Baim-& ❑This watershed has aTMDL.
Discharge from this outfall isfrom: _j&UA4FbWF-7L1JKFVI1
13 �a.•��..ttR Z�(.
Stormwater UO Mine Dewatering ❑Process Wastewater
Discharge occurs from this outfall:
❑Only during a rainfall event (�6vNDUy Af— •, Rtlffit-L5
Intermittently(please indicate how often)
[]Continuously (please indicate flow in CFS)
Latitude of outfall: Sr ,at"I
Longitude of outfall: 2
Brief description of the industrial activities that drain to this outfall:
Po
Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑Yes )2�Mo
If yes, how many gallons of new motor oil are used each month when averaged over the calendar year?
luk
u.—�
3-4 digit identifier: Name of recewii "water: Class kfication`f '❑This water is impaired.
FI f(( _ G ' ❑This watershed-has a,TMDL.
D' charge from this oytfalHs" rom: } (
Stormwater me Dewatering ❑Process Wastewater,
Discharge occurs from this outffall:�-�
❑Only during a rainfalhevent
_'= C?ROv 't 7.S I+�YQ F't��ufAu .S
�lntermittently'(please indicate how often)' N[6?�•13+�
❑Continuously (please indicate flow in CFS)
Latitude of outfall'4r '94.4 Wfl 1j3Rr0t:C1-__
Longitude of outfall:
Brief description of the industrial activities that drain to this outfall: t`
MAD J
Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑Yes o
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
nr k
3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired.
❑This watershed has a TMDL.
Discharge from this outfall is from:
❑Stormwater []Mine Dewatering ❑Process Wastewater
Discharge occurs from this outfall:
❑Only during a rainfall event
❑Intermittently(please indicate how often)
❑Continuously (please indicate flow in CFS)
Latitude of outfall:
Longitude of outfall:
Brief description of the industrial activities that drain to this outfall:
Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑Yes ❑ No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
Page 4 of 8
All outfalis must be listed and at least one outfali is required. Additional outfalls may be added in the section
"Additional Outfalls"found on the last page of this NOI.
8. Other Facility Conditions (check all that apply and explain accordingly):
❑This facility has any other NPDES permits.If checked,list the permit numbers for all current NPDES permits:
❑This facility has Non-Discharge permits(e.g. recycle permit). If checked,list the permit numbers for all current Non-
Discharge permits:
This facility uses best management practices or structural stormwater control measures.
I checked, briefly describe the practices/measures and show on site diagram:
A
ib
,? his facility has a Stormwater Pollution Prevention Plan(SWPPP).
checked, please list date that SWPPP was implemented: ##4*., U"
❑This facility stores hazardous waste stored in the 100-year floodplain.
If checked,describe how the area is protected from flooding:
❑This facility is a(mark all that apply) "
❑Hazardous Waste Generation Facility
[]Hazardous Waste Treatment Facility
❑Hazardous Waste Storage Facility
❑Hazardous Waste Disposal Facility
If checked, indicate:
Kilograms of waste generated each month:
Type(s)of waste:
How material is stored:
Where material is stored:
Number of waste shipments per year:
Name of transport/disposal vendor:
Transport/disposal vendor EPA ID:
Vendor address:
❑This facility is located on a Brownfield or SUPERFUND site
If checked, briefly describe the site conditions:
❑Facility provides appropriate secondary containment for bulk storage of liquid materials
If checked, briefly describe these measures:
❑Site has an active landfill within the mining permit boundary
If checked, please indicate type:
a) ❑LCID(Land clearing and Inert Debris)
b► ❑other(specify)
9. Re uired Items (Application will be returned unless all of the following items have been included):
L12theck for$100 made payable to NCDEQ 'PAID AMA/ 9.070
Copy of most recent Annual Report to the NC Secretary of State a Ql
This completed application and any supporting documentation
Copy of the approved mining permit or indication of mining permit application status
02topy of US Army Corps—approved wetland delineation(if applicable)
Page 5 of 8
[D41ne drawing of the water flow through the facility or block flow diagram
ictorial description of the nature of any sources of water and any collection and treatment measures
0,A.site diagram showing,at a minimum,existing and proposed:
a) outline of drainage areas
b) surface waters
c) stormwater management structures
d) location of stormwater outfalls corresponding to the drainage areas
e) runoff conveyance features
f) areas where materials are stored
g) impervious areas
h) site property lines
copies of large scale(24"x36"minimum)site plan showing:
a) topographical lines
b) all outfall locations
c) applicable buffers and delineated wetlands
d) receiving waters
e) 100-year flood plain(if applicable)
❑Ropy of county map or USGS quad sheet with the location of the facility clearly marked
If mines site is in one of the 20 Coastal Counties(if applicable)
❑Applicant has check with the appropriate regional office to verify the need for a Coastal State Stormwater permit.
N14- a) Indicate the Regional Office Contact:
❑Detailed list of:
a) impervious surface areas and percentages
b) sub-drainage areas
c) total drainage area
If mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater (if
applicable)
copies of large scale(24"x36"minimum)plans delineating areas on the listing acreage including:
a) wetlands
b) ditches
c) well-placements
d) pits
e) borrow areas
f) overburden storage
g) stormwater controls/BMPs
h) vehicle maintenance areas
i) settling basins
j) product process(such as screening,stockpiles,and waste piles)
k) total drainage area
1) impervious surface percentages(if state Stormwater programs apply)
m) applicable buffers
n) access and/or haul roads
pump dewatering size and information on its specifications
El Well information(design,depths,maintenance)
Mftysical monitoring for the wetland areas
❑Settling pond size information,if applicable
❑Level spreader design,if applicable
13'6etails about dewatering method
❑cone of influence calculations
Page 6 of 8
LQ6escription of measures to prevent erosion and flooding
ZI'De,scription and information about 401/404 permits that have been obtained
opy of US Army Corps of Engineers wetlands delineations or approved wetland delineation(if applicable)
1 have contacted my local regional office about a Pumping Operation and Monitoring(POM) plan
a) Regional Office Contact:
b) Date Contacted: e-
10. Applicant Certification:
North Carolina General Statute 143-215.6B(i)provides that: Any person who knowingly makes any false statement,
representation,or certification in any application,record, report, plan,or other document filed or required to be maintained
under this Article or a rule implementing this Article. . .shall be guilty of a Class 2 misdemeanor which may include a fine not
to exceed ten thousand dollars($10,000). 1 hereby request coverage under the referenced General Permit.
Un r penalty of law, I certify that:
I am the person responsible for the permitted industrial activity,for satisfying the requirements of this permit, and for
any civil or criminal penalties incurred due to violations of this permit.
The information submitted in this NOI is,to the best of my knowledge and belief,true, accurate, and complete based on
my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the
information.
I will abide by all conditions of the NCG02 permit. I understand that coverage under this permit will constitute the
permit requirements for the discharge(s)and is enforceable in the same manner as an individual permit.
1 hereby request coverage under the NCG020000 General Permit and understand that coverage under this permit will
constitute the permit requirements for the discharge(s)and is enforceable in the same manner as an individual permit.
Printed Name of Person Signing:
Title:
(Signature of Applicant) (Date Signed
Mail the entire package to: DEMLR—Stormwater Program
Department of Environmental Quality
512 N. Salisbury Street, 6th floor
1612 Mail Service Center
Raleigh, NC 27699-1612
Page 7 of 8
r
r
PUMPING OPERATION & MONITORING PLAN
NPDES NCG020000 DISCHARGE PERMIT
SHINGLETON FARMS SAND MINE
Hampstead, Pender County, North Carolina
Prepared for:
T. Farnell Shingleton
12919US Hwy 17
Hampstead, NC 28443
Prepared by:
Branch Smith, PE
DOGWOOD LD, PLLC
dogwoodidpllc@gmaii.com
(910) 264-1071
1 of 2
—Pumping-Plan Narrative
T. Farnell Shingleton is expanding State Mining Permit 71-12.There are two flashboard risers that
are installed at two separate pits on the property. The risers dewater stormwater from the Pits.
Discharges occur as stormwater runoff, and not any pumped discharges. The pumping is
considered part of the cell mining and moving water from one pit to another.
Currently,the pumping operations consist of a 1,000gpm trailered or mobile sump pump. During
the dewatering activities, the estimated withdrawal rate in gallons per day will be 480,000 GPD
based on the 1,000 GPM Pump running 8 hrs per day. There are no residences within 500-ft of
the property so no private wells will be affected. There are wetlands downstream of one of the
Pits, but currently there is no pumping within 800-ft of the wetland edge.
The discharge outlet structures consist of 1/2 48"Aluminum Flashboard Riser 7'tall from
bottom of the riser to top of riser. The barrel pipe is 36"Aluminum that has a 1%slope to a rip-rap
apron below the barrel. The property is in the Trumpeter Creek Watershed (C; Sw; Index 18-74-
49-2-1-1)within Cape Fear River. The ditch downstream is called Canary Branch that leads into
Trumpeter Creek. This Creek is not on the 303(d) list of NC.
Pit A has been reclaimed to about 80°/o completion. The flashboards are 4-ft from the bottom
leaving 3-ft of freeboard. There is an additional 4-ft of freeboard to the top of Pit A for water
levels to rise overthe riser structure. Therefore,there is sufficient capacity for stormwater in this
Pit. There is no pumping operations on this Pit currently and none planned for the future. This
Pit should be a fully reclaimed Pond within 6-8 months.
Pit D is proposed to be excavated as part of a mining permit modification. The pumping plan is for
the pump described above to be used to pump the excavated pit groundwater into Pit C as shown
on the mine maps and herein. The flashboard riserfor Pit 2 is about 700-ft from the pumping
discharge and has 9-acres of surface area. There is also an additional 2-ft of freeboard from the
water level. Therefore,there is 5.8 million gallons of capacity for Pit C,and we do not anticipate
any discharges unless we lowerthe flashboards. There is an additional 3-ft of freeboard to the top
of Pit C before overtopping the entire Pond/lake area. Any discharges that do leave Pit C flow in a
non-erosive manner through rip-rep prior to entering the existing wetland downstream.
Attachments
■ Flash Board Riser-Barrel
■ Pump Specifications
2of2
lem
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Specifications Features and benefits
Suction connection 4.in 000 mm)flange J Interchangeable impellers to Fully automatic priming from
Delivery connection 4 in(100 mm)flange tackle a full range of solids dry to 28 feet(8.5 meters).
handling applications. Venturi priming requires no
Max capacity 1,079 USGPM t p g
_ (245m3/hr) I Field Smart Technology(FST) adjustment or control.
Max impeller diameter 10.0 in allows the user to monitor Available as open set or Sound
(Max solids hand 1.Y.in(45 mm) I &control the pump from
Attenuated Enclosure.
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Max operating temp 176 OF*(80°C) Standard build engine
� New compressor belt tensioner 3TNV88F(EPA Final Tier 4).
'Max working pressure 68 psi(4.7 bar) reduces time to change and
Max suction pressure 58 psi(4.0 bar) adjust belt to approximately 30 Other engine options available.
,Max casing pressure _ 103 psi(7.1 bar) minutes. Optional environmentally
Max operating speed 2200 rpm New sight lass and measuring friend) skid base contains all
.............................. 9 9 9 Y
•Please comautour office for applications in excess of 1WF(80`Q. stick added to monitor level fluid spills.
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--- "4ormance curare Suction-lift table 1800-rpm-- °—
Pump curve is based an Oft dynamic suction lift. Performance data provided in tables is based an water tests at sea
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lw D 20 40 60 tb 1nD 120 10 10 180 20D 220 240 20380 guidance only.Please contact the factory or office for further details. rvo
nPo
I 45 U
;'o ax j5 4n Total Total Delivery Head(feet)
11f1 m _ 11 8% suction -
110 r - "+ 35 Head 13 26 39 52 66
1001 isi 30 u"i
9D —
g (feet) Output(USGPM)
m 25
0
-- - - zo 9 10 623 574 509 427 328
x to nl — x
so ,m <6 1s 15 623 558 476 377 262
40 2
30 1
10 20 591 525 443 344 230
20
s s 25 574 492 410 295 164
0
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0 250 saD iso 1o0a 1250
rlow(USGPM)
Open trailer
{ Fuel capacity30 US Gal(114Liters)
t Weight dry 1,930 lb(875 kg)
iWeight wet 2,150.1b(975kg)
Dimensions L 102 in x W 54 in x H 70 in
(L 2,591 Prim x W 1,372 mm x H 1.778 mm)
............................................... TNV8.............................
Information provided above is based on the Yanmar 3TNV88F.
Sound attenuated enclosure
' Noise @ 23 ft(7 m)67 db(A)
Fuel capacity 80 US Gal(303 Liters)
Weightdry2,67016(9�211
Weight wet 3,250 lb(1,474 kg)
Dimensions L 82 in x W 47 in x.H,65 in fPf
(L2,083mmxW1,194mmxH1,651mm) 1
......:..........................:.............
....................:....::
Information provided above is based on the Yanmar 3TW88F.
Driver Power Energy Use Emissions
Materials 1800 RPM Rating
Pump casing Cast Iron BS EN 1561./EN. 11 'Yanmar 3TNV88F 24'HP 1.0 US Gal/fir EPA FT4 _
JL1030 __.� � 2 Yanmar 3TNV88C 35 HP 1.2 US Gal/hr EPA FT4
Wearplates Cast Iron BS EN 1561/EN- 3 Yanmar 3TNV88BDSA 36 HP 1.2 US Gal/hr EPA iT4
JL1030 ---���---����1
Pump shaft Carbonsteel BS970:199'' ' 4 Caterpillar C1.5T 40 HP 1.5 US Gal/hr EPA iT4
I 817M40T 15 Electric motor 20 HP 24.1.A j
.....................:.
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Mechanical seaffaces Silicon carbide Vs Silicon
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••••••••••• •Specifications and illustrations are subject to revision without nonce.Xylem makes no
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xyleilL
LY 02019 Xylem.All rights reserved.Godwin is a trademark of Xylem Dewatering Solutions,Inc,
Let's Solve Water www.xylem.ccm/godwin a whollyawned subsidiary of Xylem Inc.
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FRONT VIEW �3. 0 PROFILE VIEW O 0
48"ALUMINUM 9
FLASHBOARD RISER U �� py
J" 12'WIDE HUGGER BAND WITH V H
1%'SLOPE 12'FLAT GASKET QI
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OUTLET 36'DIAX2V 36'DIAX20'
PIPE U
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1,. a1'
PLATE FRONT 7•2"
6'X45W PLATE BOTTOM
FULLY WELDED "PLATE FRONT
POMOPIPE PROW
4B11.ONAWIDHS DR
GREENSBORO,N027407
33&2S2.SM
PONOPMPEPRDDUCRLOH
DAM S OLf
SEP 2S,2023
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01325 County: Pender U.S.G.S. Quad:Topsail,NC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Farnell Shingleton
Address: 12919 US Hwy 17 South
Hampstead,NC 28443
Telephone Number: 910.619.7140
Email Address: farnell(a)shinaletonfarms.com
Size(acres) 16.4 Nearest Town Hampstead
Nearest Waterway Trumpter Swamp River Basin Cape Fear
USGS HUC 030 Coordinates Latitude:34.415844
Longitude:-77.727097
Location description: The roiect area is an expansion of an existing mine located at 904 Saps Road in Hampstead,
Pender County,NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are 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 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 prelirinary 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 overall 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.
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.
Page 1 of 2
SAW-201941325
_ 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 deprc`tion 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.
There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the
pennit 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
(LAMA). You should contact the Division of Coastal Management in Wilmington,NC,at(910)796-7215 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 Emily Greer at
910.251.41567 or emilv.c.areerna usace.arml,mil.
C. Basis For Determination: See Preliminary Jurisdictional Determination dated 12/27/2018.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation
in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service,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: Jason Steele,Review Officer
60 Forsyth Street SW,Room IOM15
Atlanta,Georgia 30303-8801
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—NA
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. GREER.EMILY.C.13853253oy 00
DN cDigitally signed by U4S O:US.Go emmenyou_DoD3ov PKI,
/!/ ou=USAcn=GREEUMILY.C.1385325300
Corps Regulatory Official: Date 2019.0I.15I M:11-05OP
Date: 12/27/2018 Expiration Date: NA
SAW-201841325
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://cort)smapu.usace.army.mil/cm apcx/f?p=136A:0.
Copy Furnished:
Wes Frvar
Land Manaeement Group.Inc.
AW-20I8-01325
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Parnell Shingleton File Number: SAW-2018-01325 Date: 12/27/201ri
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) 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://wew.usace.amty.mil,.Missions/Civi]Works/Re ug latoryllro2ramandllermits.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 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.
R: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and remm 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 fart
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 11 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.
A W-2018-01325
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
— -regarding-the preliminary-JD.—The-Preliminary-JD-is-not appealable._Ifyouu wish,youwnay-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:
District Engineer,Wilmington Regulatory Division, Mr.Jason Steele,Administrative Appeal Review Officer
Attn: Emily Greer CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington,NC 28403 60 Forsyth Street,Room 1OM15
Atlanta,Georgia 30303-8801
Phone: 404 562-5137
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:Ms.Emily Greer,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.Jason Steele,
Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 1OM15,Atlanta,Georgia 30303-8801
Phone: (404)562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION _
A. REPORT COMPLETION DATE FOR PJD: 12/27/2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Famell Shingleton, 129191 US Highway 17 South,
Hampstead,North Carolina 28443
C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington,Saps Road Mine_904 Saps Road_Famell
Shingleton, SAW-2018-01325
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: Pender City: Hampstead
Center coordinates of site (lat/long in degree decimal format):Lat.: 34.4158' Long.:-77.7270'
Universal Transverse Mercator:
Name of nearest waterbody:Tmmpter Swamp
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 12/27/2018
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to
Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource
review area(acreage wetland vs.non- "may be"subject(i.e.,
and linear feet,if wetland waters) Section 404 or Section
applicable 10/404
Wetland 34.41749 -77.72644 7.5 ac Wetland 404
1) The Cotes 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 AID 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 orjudicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and(7)whether the applicant elects to use either an AID 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 ofjurisdictional aquatic resources in
the review area, the Corps will provide an AID to accomplish that result, as soon as is
practicable. This PJD finds that there "Wray be"waters of the U.S. and/or that there 'Spay 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: Preliminary Upland/Wetland Sketch June 2018
® Data sheets prepared/submitted by or on behalf of the PJD requester.
®Office concurs with data sheets/delineation report.
❑Office does not coneurwith 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: 1:24k,Topsail,NC_
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey_
®National wetlands inventorymap(s). Cite name: USFWS Online Wetland Mapper
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): SimSuite 2016
or®Other(Name&Date): Pender Co GIS June 4,2018_
❑Previous determination(s). File no. and date of response letter:
❑Other information(please specify):
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.
G R E E R.E M I LY. Digitally signed by Signature and date of
GREEREMILV.C.1385325300 person requesting PJD
DN:c=US,o=US.Government ou=DoD, (REQUIRED,unless obtaining
C.1385325300 ��"OO-USa the signature is impracticable)'
cn=GREER.EMILY.CI385325300
Date.2019.01.15 17:03:35-05'W
Signature and date of Regulatory Signature and date of person
staff member completing PJD requesting PJD(REQUIRED,
unless obtaining the signature
is impracticable)'
' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to tinaliring
an action.
PROJECT AREA WETLANDI
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LEGEND
Q Project Area—16.4 acres
Uplands—8.9 ac(54%1
- Potential Wetlands—7.5 ac(46%)
^�- Data Form Locations
,y0g;TNs a rot a survey.At boundaries and distances are mnsge,ed appaumale.
TMs re once s a vahnoay sketch prepared kom field mil A s,,ey of defeated _
areas ad rer:e v am approval M tare US Nmy Caps of Engireas is recommended poor
10 speaks se pla,'Mp SCALE 1'=150'
�YYFTIANOS]ote NTTI.ANp6 F0.r3'140.1b145—SaPo Road Aero.Femell5nvigMonW.APS
'Boundaries are apppproximate and are not mea0.1 to be,absolute. OMen IMnled at 171g7)
Source;M16 w A4riel prooeorai
Saps Rd Mine I.V( Figure 7
Pander County,NC Preliminary
Upland/Wetland Sketch
June 2016 3aos Wrynwixe Avenue
u1c a 4o-16-145 We Ctoo,ec)W3
Pnme.9104520001 Fa.:910453 0060
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-201941325 County: Pender U.S.G.S.Quad:NC-Topsail
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Farrell Shineleton
Address: 12919 US Hiehwav 17 South
Hampstead,North Carolina 28443
Telephone Number: 910.619.1704
E-mail: farnell(a?shineletonfarms.com
Size(acres) 4_4 Nearest Town Hampstead
Nearest Waterway Trumpeter River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude:34.40978
Longitude:-77.72627
Location description: The project area is located at the end of Santis Road,west of Hoover Road and north of Godfrey Creek
Road at address 904 Santis Road in Hampstead.Pender County, North Carolina.
Indicate Which of the Followine Apply:
A. Preliminary Determination
® There appear to be waters including wetlands,on the above described project area/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.The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/312020.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 project area/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
including wetlands,on your project area/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 project area/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 he relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters including wetlands,on the above described project area/property 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.
❑ We recommend you have the waters including wetlands,on your project area/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 including wetlands,on your project area/property have been delineated and the delineation has been verified by
the Corps.The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
SAW-2018-01325
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 including wetlands,have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE.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 project area/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.
® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(LAMA).
You should contact the Division of Coastal Management in in Wilmington,NC,at(910)796-7215 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 till 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 Emily Greer at 910.251.4567 or
emily.c.ereerAusace.army.nd .
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/14/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. 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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele,Review Officer
60 Forsyth Street SW,Room 1OM15
Atlanta,Georgia 30303-8801
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 Not applicable.
**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
GREER.EMILY.C.13853253O0 Da9ea2020.1edby 6E32-OILLY.Ct385325300
Date of JD: 12/14/2020 Expiration Date of JD: Not applicable
SAW-2018-01325
_The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,pplease complete the Customer Satisfaction Survey-located-at -http://corpsmapu.usace.ariny.mil/cm_apex/f9p=136:4:0
Copy fumished:
Agent: SEGi,lincd.
David Scibetta
E-mail: dscibetta(dseeims
SAW-2018-01325
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Farrell Shineletun File Number: SAW-2018-01325 Date: 12/14/2020
Attached is: See Section below _
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
IN 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 or http://www.usace.antty.mil/MissionsiCivilWorks-Regulatoryi'roeraniandl'cmiiis.asp\
or the 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 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 11 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 11 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.
SAW-2018-01325
-SEC-TION-11=REQUEST-FOR-APPEAL or OBJEC-TIONS 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:
District Engineer,Wilmington Regulatory Division Mr.Jason Steele,Administrative Appeal Review Officer
Attn:Emily Greer CESAD-PDO
Wilmington Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street,Room 1 OM 15
69 Darlington Avenue Atlanta,Georgia 30303-8801
Wilmington,North Carolina 28403 Phone: (404)562-5137
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:Emily Greer,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.Jason Steele,Administrative Appeal
Officer,CESAD-PDO,60 Forsyth Street,Room 1OM15,Atlanta,Georgia 30303-8801
Phone:(404)562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/14/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Shingleton Farms,LLC,Farrell Shingleton, 12919 US
Highway 17 South,Hampstead,North Carolina 29443
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Saps Road Mine_904 Saps
Road_Famell Shingleton), SAW-2018-01325
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:The project area is located at the end of
Sapps Road,west of Hoover Road and north of Godfrey Creek Road at address 904 Sapps Road in Hampstead,Pender
County,North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County:Pender City:Hampstead
Center coordinates of site (lat/long in degree decimal format): Latitude:34.40978 Longitude:-77.72627
Universal Transverse Mercator:
Name of nearest waterbody:Trumpeter
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY)-
® Office (Desk) Determination. Date: 12/14/2020
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of Geographic authority to
Type
aquatic resources i Te of aquatic n which the aquatic resource
Site Number altitude(decimal Longitude(decimal review area(acreage resources(i.e., may be"subject(i.e.,
degrees) degrees) wetland vs.non-
and linear feet,if wetland waters] Section 404 or Section
applicable 10/404)
Wetland 34.40978 -77.7262 3 acres Wetland 404
_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 afliis or her option to requestatrd obtain-an
approved JD (AID) 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 AID 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 AID 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 AID, 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: Field Sketch of Wetlands.Shingleton Farms,9/3/2020
®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:
❑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: 1:24k.Topsail,NC
®Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
®National wetlands inventorymap(s). Citename: USFWS Online Wetland Manner
❑State/local wetland inventory map(s):
ED FEMA/FIRM maps: FEMA.sov
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): Current SAW RegulatoryGIS Viewer
or®Other(Name&Date): LiDAR
® Previous determination(s). File no. and date of response letter: SAW-2018-01325. 12/27/2018
❑Other information(please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later iurisdictional determinations.
y signed by
GREER.EMILY.C. G EIER!EMLY.C.385325300
0 5,00, 0.,2.,4,2:57:28
1385325300
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
12/14/2020 (REQUIRED, unless obtaining the signature is
impracticable)'
t Districts may establish timeframes for requester to return signed PJD forms. If the requester 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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Approximate Wetlands
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------ 9/3/2020 020-017.01 S