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Home My WebLink About20141149 Ver 1_Jurisdictional Determination_20150922A • 1 `� — 1 RECEIVEd —� W.C.Dept. of ENR I 1 SEP 2 9 2015 U.S. ARMY CORPS OF ENGINEERS Aston satem i WILMINGTON DISTRICT ,qronal o___ fr6 Action Id. SAW- 2015 -01701 County: Caswell U.S.G.S. Quad: NC- CHERRY GROVE NOTIFICATION OF JURISDICTIONAL DETERMINATION Interested Party: Restoration Svstems. LLC Agent: Axiom Environmental, Inc. attn: John Prever attn: Grant Lewis Address: 1101 Havnes Street, Suite 107 Address: 218 Snow Avenue Raleigh. NC 27604 Raleigh. NC 27603 Size (acres) —30 Nearest Town Elon Nearest Waterway Motes Creek River Basin Haw USGS HUC 03030002 Coordinates 36.275885 N. - 79.421314 W Location description: The oroiect site is located on both sides of Milesville Road near its intersection with Massev Road, north of Elon. in Caswell Countv. North Carolina. The Proiect Area is shown as the "Benton Branch Stream and Wetland Restoration Site Easement" on the attached map labeled Figure Nos. 3 and 3A. "Benton Branch Stream and Wetland Restoration Jurisdictional Areas." Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 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. 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 and Section 404 of the Clean Water Act. 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 waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 4 The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and /or the Corps regulatory program, please contact David Bailev at 919 - 554 -4884 ext 30 or David .E.Boilev2na.usace.armv.mil. C. Basis For Determination: The Droiect area exhibits water bodies with ordinary high water and wetland criteria as defined in the aDDlicable egional suDDlement to the 1987 wetland delineation manual. The water bodies on the site are listed in the attached table. This determination is based on a field verification by David E. Bailev (USACE) on 8/27/2015. D. Remarks: The wetlands on the DroDerty were flagged by Axiom Environmental. Inc, and are approximated on the attached man, labeled Figures No. 3 and 3A. "Benton Branch Stream and Wetland Restoration Jurisdictional Areas." 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 N /A. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Digitally c=US, signed =U.S. Government ou3 PK DN: c =US, o =U.S. GovernmenL ou =DoD, ou =PKI, ou =USA, cn= BAILEY.DAVID.E.1379283736 Corps Regulatory Official: Date: 2015.091211:52:55- 04'00' Date: September 22.2015 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 httn :Hcomsmaou.usace.annv.mil /cm anex/Vo= 136:4:0. Copy furnished: Sue Homewood, NCDENR -DWR, 450 W. Hanes Mill Rd, Suite 300, Winston- Salem, NC 27105 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND_ m, REQUEST FOR APPEAL Applicant: Restoration Systems, LLC File Number. SAW- 2015 -01701 Date: September 22, 2015 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION F, SECTION I - The folio vng�identifes your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://-vvww.usace.anny.mil/Missions/CivilWorks/Rep or Corps regulations at 33 CFRPart 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 II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the 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. SECTION II -REQUEST FOR APPEAL or OBJECTI = 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. 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: David E. Bailey CESAD -PDO Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 10M15 Wake Forest, North Carolina 27587 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 opportuni , 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: David Bailey, 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 IOM15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 Benton Branch tstimatea amount OT Site Number/ Cowardin aquatic resource in Class of aquatic Feature Name Latitude Longitude Class review area resources Non- section 10 - Benton Branch 36.2774805113 - 79.4179317777 R3UB1/2 2,054 linear feet Non - Wetland 290 Non - section 10 - UT -1 36.2774536861 - 79.4226357174 R3UB2/3 SA linear feet Non - Wetland 375 Non - section 10 - UT -2 36.2761583468 - 79.4234676484 R3UB2/3 '� linear feet Non - Wetland Non - section 10 - UT -3 36.2763061403 - 79.4248210140 R3UB1 /2 1,124 linear feet Non - Wetland Non - section 10 - UT -4 36.2752760301 - 79.4150453492 R3UB1 /2 811 linear feet Non - Wetland Non- section 10 - UT -4a 36.2743480665 - 79.4151885017 R3UB1/2 340 linear feet Non - Wetland Non- section 10 - UT -4b 36.2742809497 - 79.4145153858 R3UB1 /2 261 linear feet Non - Wetland Non - section 10 - UT -5 36.2759950810 - 79.4136161722 R3UB1/2 1,466 linear feet Non - Wetland Non - section 10 - UT -6 36.2726304378 - 79.4292093174 R3UB1 /2 1,039 linear feet Non - Wetland Non - section 10 - SA Wetland 36.2762610566 - 79.4144767666 PFO1 0.03 acres Wetland Non - section 10 - SB Wetland 36.2752724620 - 79.4151066970 PSS1 0.08 acres Wetland Non - section 10 - SC Wetland 36.2741298311 - 79.4143880769 PSS1 0.005 acres Wetland Non - section 10 - SD Wetland 36.2744362643 - 79.4146622151 PSS1 0.03 acres Wetland Non - section 10 - SE Wetland 36.2744269088 - 79.4150853238 PSS1 0.002 acres Wetland Non - section 10 - SF Wetland 36.2781820334 - 79.4223266265 PF01 0.07 acres Wetland Non - section 10 - SG Wetland 36.2767174281 - 79.4237323136 PSS1 1.83 acres Wetland Non - section 10 - DA Wetland 36.2765494402 - 79.4249710616 PFO1 0.03 acres Wetland Non - section 10 - DB Wetland 36.2731579654 - 79.4294088587 PSS1 0.08 acres Wetland Non- section 10 - DC Wetland 36.2763387500 - 79.4162026102 PSS1 0.04 acres Wetland GA Wetland 36.278119 - 79.423368 PFO 0.1 Non- section 10- Wetland GB Wetland 36.274094 - 79.415279 PEM 0.02 Non - section 10- Wetland GD Wetland 36.274827 - 79.414892 PFO 0.1 Non - section 10 - Wetland GE Wetland 36.275875 - 79.415167 PFO 0.05 Non - section 10-Wetland GF Wetland 36.276180 - 79.415600 PEM 0.1 Non - section 10 - Wetland DA Wetland UT-3 to Benton Branch UT -2 to Benton Branch GA Wetland SF Wetland UT -1 to Benton Branch SG Wetland UT -2 to Benton Branch .e UT -2 to Benton Branch DB Wetland UT-6 to Benton Branch r�. 0 Benton Branch UT -5 to Benton Branch DC Welland. GE Wetland SB Wetland GO Wetland SE Wetland UT-4a to Benton Branch GB Wetland N r- Aaom Emaoranpeal, Mc. Prepared' for UT-4b to Benton Branch Drawn by KRJ Legend Date AUG 2015 OBenton Branch Stream and Wetland Restoration Site Easement Scale: 1:4500 Jurisdictional Streams - approximately 7,884 linear feet Project No 15 -007 Open Water Ponds - approximately 1.30 acres Jurisdictional Wetlands - approximately 2.27 acres '-* Benton Hardwood Forest - appronmately 0.19 acres FIGURE _ Headwater Forest - approximately 2.08 acres ® NCDOT Roads 3 500 1,000 2.000 — eel Project UPPER CAPE FEAR GF Wetland UMBRELLA MITIGATION BANK SA Wetland Caswell County NC Title BENTON BRANCH STREAM AND WETLAND UT'to RESTORATION Benton Branch JURISDICTIONAL AREAS SD Wetland Notes 1. Background Imagery Source: 2010 aenal photography SC Welland provded by the NC One Map program (online, provided by the NC Geographic Information Coordination council) UT-4b to Benton Branch Drawn by KRJ Legend Date AUG 2015 OBenton Branch Stream and Wetland Restoration Site Easement Scale: 1:4500 Jurisdictional Streams - approximately 7,884 linear feet Project No 15 -007 Open Water Ponds - approximately 1.30 acres Jurisdictional Wetlands - approximately 2.27 acres '-* Benton Hardwood Forest - appronmately 0.19 acres FIGURE _ Headwater Forest - approximately 2.08 acres ® NCDOT Roads 3 500 1,000 2.000 — eel DC Welland Benton Branch GF Wetland SB Wetland Legend SE Wetland OBenton Branch Stream and Wetland Restoration Site Easement Jurisdictional Streams - approximately 7,884 linear feet Open Water Ponds - approximately 1.30 acres UT-4a to Jurisdictional Wetlands - approximately 2.27 acres Benton Branch Bottomland Hardwood Forest - approximately 0.19 acres _ Headwater Forest - approximately 2.08 acres NCDOT Roads GB Welland 0 150 300 600 Feet UT -5 to Benton Branch GE Wetland SC Wetland SA Wetland UT-4 to Benton Branch GD Wetland SD Wetland UT-4b to Benton Branch N r--•. 1 Aafom EnardrrtenlN, tnc. Prepared for Project: UPPER CAPE FEAR UMBRELLA MITIGATION BANK Caswell County, NC Title BENTON BRANCH STREAM AND WETLAND RESTORATION JURISDICTIONAL AREAS Notes. 1. eacegroend Imagery Sourco 2010 anal photography p—ded by Pe NC 0-10ap program (online. prov,ded by the NC Geographic Information Coorainatwn C.—J) Drawn by KRJ Date AUG 2015 Scale 1:1600 Project No. 15 -007 FIGURE 3A f RECE VeoC r E � � - -7 I , U.S. ARMY CORPS OF ENGINEERS N.C.Dept. WILMINGTON DISTRICT SEP 2 9 20115 Wln8ton -Sale: , Action Id. SAW- 2015 -01698 County: Alamance U.S.G.S. Quad: NC- SAXAPAI3�V09lonal C NOTIFICATION OF JURISDICTIONAL DETERMINATION Interested Party: Restoration Svstems, LLC Agent: Axiom Environmental, Inc. attn: John Prever attn: Grant Lewis Address: 1101 Havnes Street, Suite 107 Address: 218 Snow Avenue Raleieh. NC 27604 Raleish. NC 27603 Size (acres) —14.5 Nearest Town Saxaaahaw Nearest Waterway Orphan Creek River Basin Haw USGS 14UC 03030002 Coordinates 35.979366 N. - 79.316171 W Location description The Droiect site is located on the west side of Salem Church Road, aaaroximately 0.4 mile northwest of its intersection with Pavne Road, near Graham. North Carolina. The Proiect Area is shown as the "Orphan Creek Stream Restoration Site Easement" on the attached mar) labeled Figure No. 3. " Orphan Creek Stream Restoration Jurisdictional Areas." Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 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. 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 and Section 404 of the Clean Water Act. 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 waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and /or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 J The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and /or the Corps regulatory program, please contact David Bailev at 919 -554 -4884 ext 30 or David .E.Bailev2(a)usace.armv.mil. C. Basis For Determination: The proiect area exhibits water bodies with ordinary high water and wetland criteria as defined in the applicable rMional supplement to the 1987 wetland delineation manual. The water bodies on the site are listed in the attached table. This determination is based on a field verification by David E. Bailev (USACE) on 12/16/2014. D. Remarks: The wetlands on the uronerty were flageed by Axiom Environmental, Inc, and are approximated on the attached man labeled Figure No. 3, "Orahan Creek Stream Restoration Jurisdictional Areas." 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 10M 15 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 N /A. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Digitally C=y,o=U byovern ent, o.E.1379283736 DN: c =US, o =BAI Government, ou =DOD, ou =PKI, ou =USA, cn= BAILEY.DAVID.E.1379283736 Corps Regulatory Official: Date'. 2015.091209:35s2 - 04'00' Date: September 22, 2015 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 httD :HcorL)smat)u.usace.armv.mil /cm apex/f?v= 136:4:0. Copy furnished: Sue Homewood, NCDENR -DWR, 450 W. Hanes Mill Rd, Suite 300, Winston- Salem, NC 27105 1 I NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL, Applicant: Restoration Systems, LLC File Number: SAW- 2015 -01698 I Date: August 22, 2015 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E II =■IMI■ SECTION 1 - The following identifies your rights ano options regarding an administrative appeal of the above decision. Additional information may be found at http: / /Nvww.usace.anny.miI /Missions /CivitWorks!Re u� IatoryPi-ogramandPemiits.aspx or Corps regulations.at 33.,CER Part 33I. 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 II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 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. BAPPEAL 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. 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: David E. Bailey CESAD -PDO Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, North Carolina 27587 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: David Bailey, 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 10M 15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 Orphan Creek rsurnareo amount or Site Number/ Cowardin aquatic resource in Class of aquatic Feature Name Latitude Longitude Class review area resources R3UB1 /2, Non- section 10 - UT -1 35.9792405568 - 79.3163187287 R4SB4/5 1,459 linear feet Non - wetland Non - section 10 - UT -2 35.9786988756 - 79.3145572542 R3UB2/3 232 linear feet Non - wetland Non - section 10 - UT -3 35.9795509988 - 79.3162545597 R4SB4 /5 382 linear feet Non - wetland Non - section 10 - UT -4 35.9801819298 - 79.3174626076 R45B4/5 595 linear feet Non - wetland Non- section10 - GA Wetland 35.9789512117 - 79.3141232989 PSS1 0.09 acres Wetland Non- section10 - GB Wetland 35.9797659404 - 79.3158135787 PSS1 0.05 acres Wetland UT-4 to Meadow Creek Proles a' s UPPER CAPE FEAR G, ! _ UMBRELLA MITIGATION BANK UT-3 t0 Meadow Creek GB Wetlad Alamance County, NC n Title: ORPHAN CREEK STREAM RESTORATION r� JURISDICTIONAL AREAS UT 1 to �, <, Meadow Creek Notes. 1. Background Imagery Source 2010 —al photography 0 program iodine prowded by _ GA Wetland the NC Geographic Ihiormaboh Coordmano, Counen UT -2 to prawn by: KRJ ,^.' ,SY:•; 71 Meadow Creek Date: MAY 2015 Scale: 1:2000 Legend Project No. 15 -007 Orphan Creek Stream Restoration Site Easement Jurisdictional Streams - approximately 2,668 linear feet FIGURE _ Jurisdictional Wetlands (Headwater Forest) - approximately 0.14 acres 4-foot elevation contours (LiDAR 2007) 3 0 250 500 1,OD0 eet •r U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2015 -01696 County: Alamance U.S.G.S. Quad: NC- SAXAPAHAW NOTIFICATION OF JURISDICTIONAL DETERMINATION Interested Party: Restoration Svstems. LLC Agent: Axiom Environmental. Inc. attn: John Prever attn: Grant Lewis Address: 1101 Havnes Street. Suite 107 Address: 218 Snow Avenue Raleigh. NC 27604, Raleigh. NC 27603 Size (acres) —19 Nearest Town Snow CamD Nearest Waterway Motes Creek River Basin Haw USGS 14UC 03030002 Coordinates 35.989085 N, - 79.284057 W Location description: The site is located on the south side of Mt. Willen Road. at)t)roximately 0.25 mile west of its intersection with Dodsone Lane, in Snow CamD. Alamance Countv. North Carolina. The Proiect Area is shown as the "Motes Creek Stream and Wetland Restoration Site Easement" on the attached mat) labeled Figure No. 3. "Motes Creek Stream and Wetland Restoration Jurisdictional Areas." Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 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. 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 and Section 404 of the Clean Water Act. 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 waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and /or the Corps regulatory program, please contact David Bailev at 919 - 554 -4884 ext 30 or David. E.Ba ilev2a..usace.a rmv.mil. C. Basis For Determination: The Droiect area exhibits water bodies with ordinary high water and wetland criteria as defined in the aDDlicable Le ional suDDlement to the 1987 wetland delineation manual. The water bodies on the site are listed in the attached table. This determination is based on a field verification by David E. Bailev (USACE) on 7/27/2015. D. Remarks: The wetlands on the Droaertv were flagged by Axiom Environmental. Inc. and are aoaroximated on the attached man labeled Figure No. 4, "Motes Creek Stream and Wetland Restoration Jurisdictional Areas." E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The del ineation/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 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 N /A. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Digitally ,o=U by BAILEYento.=DoD, ou=PK DN: c =US, n=US. Government 7928373OU =PKI, ou= USA ,cn= 6AILEY.DAVID.E.1379283736 Corps Regulatory Official: Dace. 2015.09.221022:03-04'00' Date: Sentember 22.2015 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 httD :Hcorasmat)u.usace.armv.mil /cm anex/Vo= 136:4:0. Copy furnished: Sue Homewood, NCDENR -DWR, 450 W. Hanes Mill Rd, Suite 300, Winston- Salem, NC 27105 ADMINISTRATIVE APPEAL OPTIONS AND PROCESS REQUEST FOR APPEAL Applicant: Restoration Systems, LLC I File Number: SAW- 2015 -01696 I Date: September 22, 2015 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http: / /WWW.usace.army.rniI/ Missions/ CivilWorks/ RegulatoryProgramandPemiits.aspx or Corps regulations at 33 CER 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 II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the 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. 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. 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: David E. Bailey CESAD -PDO Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, North Carolina 27587 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 opportunit7r to participate in all site investi - ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David Bailey, 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 Estimated amount of Site Number/ Cowardin aquatic resource in Class of aquatic Feature Name Latitude Longitude Class review area resources Non - section 10 - Motes Creek 35.9898739603 - 79.2840262696 R31_1131/2 1831 linear feet Non - wetland 500 Non- section 10 - UT1 35.9916233480 - 79.2841187586 R3UB1 /2 1272 linear feet Non - wetland Non - section 10 - UT2 35.9869753593 - 79.2833855341 R3UB1 /2 2098 linear feet Non - wetland Non - section 10 - UT3 35.9864389549 - 79.2836648169 R3UB2/3 545 linear feet Non - wetland Non - section 10 - SA Wetland 35.9866296610 - 79.2822732649 PFO1 0.006 acres Wetland N_.. ;,..,L:_ 10 co 1n /..tfar. . 35.9867426465 , -- 79 2 364 ��8�3�89��r c --f351 0.92 �:� _ Non - section 10 - SC Wetland 35.9865534025 - 79.2833961634 PF01 0.01 acres Wetland Non- section 10 - SD Wetland 35.9859860312 - 79.2835719356 PFO1 0.001 acres Wetland Non - section 10 - SE Wetland 35.9860059492 - 79.2835667440 PFO1 0.002 acres Wetland Non - section 10 - SF Wetland 35.9859663069 - 79.2835137531 PF01 0.001 acres Wetland Non - section 10 - SG Wetland 35.9869088283 - 79.2836608085 PSS1 0.04 acres Wetland Non - section 10 - SH Wetland 35.9874928923 - 79.2845061814 PSS1 0.19 acres Wetland Non- section 10 - PA Wetland 35.9903953667 - 79.2820975781 PSS1 0.11 acres Wetland LB Wetland 35.991586 - 79.284136 PEM 0.1 Non - section 10 - Wetland LA Wetland 35.987112 - 79.283903 PEM 0.1 Non - section 10 - Wetland UT -1 to Motes Creek =.fie LB Wetland (• 9 Motes Creek �y z e UT -2 to Legend Motes Creek Stream and Wetland Restoration Site Easement Jurisdictional Streams - approximately 4.778 linear feel Jurisdictional Wetlands - approximately 0.49 acres Botiomland Hard —d Forest - apprommatley 0.11 acres _ Headwater Forest - approximately 0.38 acres 4-foot elevation contours (LiDAR 2007) e� NCDOT Roads 0 500 1,000 Motes Creek PA Wetland Motes Creek `5,80 ,R. '°i•4r..,, r9:d t i UT -2 to Motes Creek N � Awm MAiniwrK kv- Prepared for Project UPPER CAPE FEAR UMBRELLA MITIGATION BANK Alamance County , NC Title. MOTES CREEK STREAM AND WETLAND RESTORATION JURISDICTIONAL AREAS Notes. 1. Background imagery source 2010 amid photography proyided by the NC GneMap program (online, provided by the NC Geographic Intor —hoo Coord'uuibon Councin Drawn by KRJ LA Welland Date JULY 2015 Scale: 1:3500 SG Wetland ` .� j' Project No.. 15-007 SA Wetland UT -3 to SC Wetland Motes Creek FIGURE SE Wetland I SD Wetland 3 2,000 SF Wetland