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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 Let's Sol_v_e Water The Godwin CD100S Dri-Prime pump is a versatile,general purpose dewatering pump designed for use in the industry's most challenging construction,municipal,industrial and emergency response applications. This rugged pump is ideally suited for tough dewatering jobs,and is the S reliable choice for rental solutions. The CD100S is a member of the Godwin S Series of Smart pumps, equipped with a new generation of Field Smart Technology(FST)for remote monitoring and control.In addition to improved hydraulic efficiency,greaterfuel economy,and streamlined serviceability,the CD impeller is interchangeable with a Flygt N Technology non-clog impeller, providing the flexibility to tackle stringy,modern wastewater applications with the same pump. 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. anywhere in the world. 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. t Larger diameter pipes may be required for maximum flows. and quality of mechanical seal oil. • Improved hydraulic design reduces vibration,maximizes efficiency and fuel economy. godwir� ® a xylem brand Godwin CD100S Dri-Prime Pump ............... --- "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 Flow(maA,,) level and 68-F ambient All information is approxi mate and for general to 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 o D 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 .....................:. Impeller Cast Steel BS3100 AS Hardness Please,on+act the famory or office for further derails,A typical picture to 200 HB Brinell of the pump is shown.All Information Is approximate and for general guidance only.Consu It the ---^--- — - -----� factory for other driver options. Mechanical seaffaces Silicon carbide Vs Silicon carbide ••••••••••• •Specifications and illustrations are subject to revision without nonce.Xylem makes no reprosentation regarding the completeness or accuracy of this information and is not liable for any direct or indirect damages arising from or relating to this information or its use. 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. D�saurrmu z 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 AAAA OUTLET 36'DIAX2V 36'DIAX20' PIPE U Y-1U}• 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 nanowur i 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 1 talk._ .• , N �z + a Fes_ {{ y. P.. � f - 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. r . a r 4i *- . r ' d j d�• k .f 1c r' i' 'Y 7 'rr r'IM'Y' q ,'yipVGA P R��C9 g 'ff f s a fit rip 4 Y Property Line 0 Project Area, Per Paramounte Engineering Approximate Wetlands N 0 30 60 120 180 240 Field Sketch of Wetlands Feet Shingleton Farms w 1 inch=120feet Hampstead, Pender Co., NC ------ 9/3/2020 020-017.01 S