20240524 Ver 1_Cover Letter and Attachments_20240404

-0 WithersRavenel
.. Our People. Your Success.
April 4, 2024
US Army Corps of Engineers NC Division of Water Resources
Wilmington Regulatory Field Office 401 & Buffer Permitting Unit
Mr. Gary Beecher Ms. Stephanie Goss
69 Darlington Avenue 1617 Mail Service Center
Wilmington, NC 28403 Raleigh, NC 27699
Re: Pender County K-8 School - NWP 39 PCN Submittal
Hampstead, Pender County, NC
USACE AID: SAW-2023-01398
WR Project #23-0576
Dear Mr. Beecher and Ms. Goss,
On behalf of Pender County Schools, we are requesting authorization from the USACE to use
NWP 39, as well as requesting a 401 WQC from NCDWR, for the following impacts:
Proposed Impact Table
Jurisdictional
Type of
Impact Specification
Acres
Linear
Square
Feature
Impact
Feet
Footage
Wetland
Permanent
Road Crossing
0.334
-
14,532
Non -Wetland
Permanent
Road Crossings
0.029
168
1,263
Sidewalk
Non -Wetland
Permanent
Crossings/Site
0.054
483
2,363
Construction
Total
0.417
650
18,168
The proposed total permanent impacts to jurisdictional waters requested are 0.417 acres,
therefore, the proposed impacts are eligible for authorization under NWP 39.
The proposed project consists of the construction of a Kindergarten through eighth grade public
school and associated infrastructure (roads, parking, utilities, stormwater management, etc.).
Proposed Project
The proposed K-8 school project is located on one parcel (PIN: 3282-28-1109-0000) totaling
±145-acres located south of the intersection of HWY 210 and Whispering Pines Court in
Hampstead, NC, Pender County (Lat: 34.372295°N;-77.736293°W).
The project is in the Cape Fear River basin and onsite waters drain to Harrison's Creek. The
Water Quality Classification for Harrison's Creek is: C; SW and the Stream Index Number is: 18-
74-49. The cataloging unit for the site is 030300070804.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

Pender County K-8 School Withers Rave n e l
Pender County
Our Pcopie Your Svccess.
NWP 39 PCN Submittal
The purpose of the proposed project is the construction of a Kindergarten - 8' grade public
school to meet the existing deficit and growing demand for public schools in Pender County. The
proposed school is needed to meet the needs of a growing population in Pender County,
particularly in the eastern part of the county. The corridor along US 17 in Pender County and
neighboring counties have seen a huge growth following the Covid pandemic. The development
of more commercial and housing is increasingly bringing more families to the area. The current
classrooms within the eastern part of the county are overcrowded and this new school will help
alleviate that and better position the county for additional growth over the next decade. The
school will be constructed in one phase.
The project consists of the construction of the following:
• 102 classrooms
• 13,965 square feet of administrative space
• 4,880 square feet of indoor recreation space
• 9,000 square foot of seating for a theater
• Outdoor sports space with a 200-seat baseball field and soccer field
• Construction of infrastructure (roads, utilities, stormwater management, etc.)
Proiect Histor
TA Preliminary Jurisdictional Determination was issued for the site on September 12, 2023 (AID:
SAW-2023-01398) approving the delineation completed by ECS. Please see attached
Jurisdictional Determination.
NC SHPO issued a comment letter for the project site on February 28, 2024, and indicated they
were not aware of any historic resources on the site. A copy of the SHPO letter is attached.
WithersRavenel (WR)completed a threatened and endangered species survey in February 2024.
A copy of the WR Threatened & Endangered Species Assessment Report has been provided as
an attachment. The survey determined that the only potential habitat within the site for
federally listed species was for northern long-eared bat (NLEB) and tricolored bat. WR
completed USFWS online consultation process for all species listed on the IPaC targeted list
which determined the project was not likely to adversely affect federally listed species, as well as
a Consistency Determination for NLEB which determined the project is not reasonably certain to
cause an incidental take of NLEB. Copies of the online consultation and Consistency
Determination for NLEB has been provided as attachments.
Proposed Impacts
Road Crossings and Grading. 0.363 acres of permanent wetland and Non -Wetland waters
(jurisdictional ditch) impacts for the following:
Impacts WI-W4 (0.334 ac) - wetland impacts for construction of the internal road
network including the primary site entrance from HWY 210, the primary east -west
internal road and the north -south peripheral road on the western side of the project to
provide access to developable uplands on the south side of the site and facilitate traffic
circulation.
Impact S1 (79 If/0.013 ac) - for a crossing of Non -Wetland feature S1 (jurisdictional ditch)
to construct the northern portion of the peripheral access road.
Page 2 of 5

Pender County K-8 School
Pender County
NWP 39 PCN Submittal
WithersRavenel
Our Pcop'.c YC;iJf Se.eass.
• Impact S2 (86 If/0.015 ac) - for a second crossing of Non -Wetland feature S1
(jurisdictional ditch) for construction of a sidewalk foot path for access between the main
campus and the bus/athletic fields. This crossing will also be used for small maintenance
equipment and water and sewer lines will be located adjacent to it.
• Impacts S4 and S5 (397 If/0.0.039 ac) - for impacts to Non -Wetland features D2 & D3
(jurisdictional ditches) that extend west into the interior of the site from feature S1. D2
and D3 are proposed to be permanently impacted for construction of the main campus
and sidewalk crossings.
• Impact S6 (89 If/0.016 ac) - for a third crossing of Non -Wetland feature S1 (jurisdictional
ditch) for construction of the southern portion of the peripheral access road.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be
conducted so that impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts for construction of the K-8 school and infrastructure have been
minimized to only those necessary for construction of the internal road network and additional
jurisdictional ditch impacts for the facility. There are no wetland impacts for stormwater control,
buildings, parking, or utilities. Wetlands surround the site, and the proposed facility has been
designed around jurisdictional features to the greatest extent possible.
The extensive interior road network is intended to provide adequate queuing for morning and
afternoon drop-off and pick-up. With the school projected to serve over 2,000 students,
NCDOT requires nearly 7,200 linear feet of queuing space to keep drop-off/pickup traffic from
backing up onto HWY 210. The design allows passenger cars to stay within the west side of the
site while buses travelon the east side of the site in order to prevent comingling of
passenger/bus travel.
Wetland and ditch impacts (Impacts W1, W2, W4, S1 S4, S5, and S6 for the internal road
network were dictated by site design. In designing the site around the wetlands to minimize
impacts to the greatest extent possible, there is limited space for the parking lot and internal
circulation. Along Wetland 6 there is very little room to adjust due to the need to maintain
separation between the drive and parking as well as separation between parking areas and the
school. It is necessary to raise the site approximately 5-6' to ensure proper drainage. The areas
between the passenger vehicle road and Wetland 6 will be used to return to existing grade and
the space between the parking and the drive will be used for a drainage swale.
Feature S1 (jurisdictional ditch) bisects the eastern side of the site south to north and therefore
cannot be avoided. Because of the location of Feature S1 (jurisdictional ditch), impacts for the
circular peripheral road are necessary. Similarly, impact S2 for the sidewalk that provides
pedestrian access between the main campus and sports fields cannot be avoided. It was
necessary to align the sidewalk with the school's entry plaza meaning it cannot be shifted
without changing the main campus building layout. The sidewalk is necessary to provide
pedestrian access to the sports fields, away from vehicular and bus traffic.
Features D2 and D3 are jurisdictional ditches which extend northwest into the site from Feature
S1. Because the proposed facility was designed to fit into the developable uplands and minimize
impacts to wetlands, it was not feasible to minimize or avoid impacts to D2 and D3 because of
their geographical location in the center of the site.
Page 3 of 5

Pender County K-8 School Withers Rave n e l
Pender County
Our Pcopie Your Se.cess.
NWP 39 PCN Submittal
Additional wetland impacts are necessary for one of the site entrances (Impact W3). Having two
separate accesses will allow for a designated travel route for buses and a separate travel route
for drop-off/pickup traffic, student traffic and employee traffic. This separation of traffic will
allow for better traffic circulation and improved safety by significantly reducing the interaction
between buses and other school traffic. Shifting the proposed eastern entrance to the west is
not an option because per NCDOT policy for street and driveway access to North Carolina
highways, enough distance must be given between the two driveways so that no undue
impairment of safety, mobility, and utility of the highway occurs. Due to the high volumes of
traffic that are expected to be generated by the school, that distance between the driveways as
shown on the plans is needed to meet these requirements. There will be road improvements
eventually designed that will include a left turn lane into the site which will require this
separation for prior traffic movements and safety. A culvert will be installed at the eastern
crossing to maintain hydrological connection between Wetlands 2 and 3.
Construction techniques used to avoid or minimize impacts include installation of erosion &
sediment control devices prior to construction. Matting will be used where necessary to
minimize the extent of impacts within the construction corridor. Silt fencing will be installed
around all disturbed areas to prevent sediment from escaping into undisturbed wetlands, and
access during construction will be within uplands.
Mitigation
Wetland Mitigation
The proposed project will result in 0.4 acres of permanent wetland impacts from construction of
the internal road network. Because the proposed permanent wetland impacts requested exceed
the 0.10-acre mitigation threshold, the applicant proposes to provide wetland mitigation.
The applicant proposes to mitigate for the 0.4 acres of permanent wetland impacts at a 2:1
mitigation ratio, resulting in the provision of 0.8 acres of wetland mitigation. WithersRavenel
contacted mitigation banks that service the Cape Fear River 03030007 basin to determine
availability of wetland mitigation credits. No wetland mitigation credits are available from private
banks therefore, a letter of acceptance from NCDMS for the 0.8 acres of wetland mitigation has
been provided as an attachment.
The applicant does not propose mitigation for the 0.09 acres of permanent impacts to
jurisdictional ditches.
Page 4 of 5

Pender County K-8 School
Pender County
NWP 39 PCN Submittal
%0 WithersRavenel
NoOur Pcop'c Your Se.eass.
Please feel free to contact me if you have questions or require additional information to
complete your review.
Sincerely,
WithersRavenel
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization Forms
• USGS Quads
• Pender County Soil Survey
• Parcel/Owner Exhibit
• Approved Delineation Exhibit
• USACE Preliminary Jurisdictional Determination
• SHPO Comment Letter
• NCDMS Letter of Acceptance
• Impact Exhibits
• Overall Site Plan
1. WithersRavenel Threatened and Endangered Species Assessment Report
2. USFWS Self -Certification
3. USFWS Determination Key for Northern Long -Eared Bat
Page 5 of 5

■■ WithersRavenel
.. Our People. Your Success.
AGENT
AUTHORIZATION
FORMS

■■ WithersRavenel
%■ Our People. Your Success.
AUTHORIZATION FOR PROPERTY ACCESS
The undersigned owner(s), Pender County, do(es) hereby authorize WithersRavenel, Inc. to access the 45
acre property, PIN#3282-28-1109-0000HWY 210 for the purpose of environmental regulatory agency
review (US Army Corps of Engineers, NC Division of Water Resources, NC Division of Coastal Management,
US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, streamlbuff er
determination, environmental permitting, etc.) at the request of the contract purchaser.
This authorization does not bind the current property owner(s) to financial responsibility for services
rendered on the subject property by WithersRavenel, Inc.
This agreement shall continue in effect until comp letionitermination of the purchase contract for the subject
property.
Contract Purchaser's Agent Infra:
WithersRavenel Inc.
115 MacKenan Drive
Cary, NC 27511
Date: 3/,-a I /a o ��
Signature of Owner(s): l
114
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115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.wlthersravenel.com I License Nn_ F-1479
Asheville I Cary I Charlotte I Greensboro I Pittstaaro I Raleigh I Southern Pines I Wilmington

■■ WithersRavenel
.. Our People. Your Success.
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■■ WithersRavenel
.. Our People. Your Success.
AERIAL EXHIBIT

■■ WithersRavenel
.. Our People. Your Success.
PENDER COUNTY
SOIL SURVEY

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■■ WithersRavenel
.. Our People. Your Success.
APPROVED
DELINEATION EXHIBIT

■■ WithersRavenel
.. Our People. Your Success.
USACE PRELIMINARY
JURISDICTIONAL
DETERMINATION

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-01398 County: Pender U.S.G.S. Quad: NC -Hampstead
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Pender County
Andy Devane
Address: 805 South Walker Street
Bureaw, NC 28459
E-mail: adevane(&Pendercountync.Lyov
Size (acres) 164.52 Nearest Town Hampstead
Nearest Waterway Harrisons Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.366744
Longitude:-77.726374
Location description: Property is located off NC210 west in Hampstead, NC. Pender County Parcel ID 3282-28-1109-0000
Indicate Which of the Following 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 3/20/2023. 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 be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson 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.
Page 1 of 2 Fom7 Version 10 June 2020 updated

SAW-2023-01398
❑ 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
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 onDATE. 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.
❑X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Wilmington, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David Moose at [phone] or
David.e.moosena,usace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary iurisdictional determination
form dated 09/12/2023.
D. Remarks: Field verification conducted on 711212023.
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)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
Phone: [phone]
AND
PHILIP.A. SHANNINkUSACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 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.**

SAW-2023-01398
David
Digitally signed by
David Moose
Moose
Date:2023.09.12
09:57:13-04'00'
Corps Regulatory Official:
Date of JD: 09/12/2023 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.gps.usace.g=.mil/customer-service-survey
Copy Furnished:
ECS:Michelle Measdav

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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Pender County, Andy Devane
File Number: SAW-2023-01398
Date: 09/12/2023
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 WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑x
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.miI/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/ 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. 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 WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• 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 division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process,
may contact:
or to submit your request for appeal, you may
District Engineer, Wilmington Regulatory Division
contact:
Attn: David Moose
Philip Shannin
Wilmington Regulatory Office
Regulatory Appeals Review Officer
U.S Army Corps of Engineers
South Atlantic Division
69 Darlington Avenue
60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403
Atlanta, Georgia 30303-8803
Philip.A.Shannin2CaD-usace.army.mil
404-562-5136
SECTION 11 — 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. Use additional pages as necessary.
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.
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:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 09/12/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pender County, Andy Devane, 805 South
Walker Street, Burgaw, NC 28459
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Weir Tract School Site /
Hampstead / Pender, SAW-2023-01398
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Property is located off NC210 west
in Hampstead, NC. Pender County Parcel ID 3282-28-1109-0000
(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: 34.366744 Longitude:-77.726374
Universal Transverse Mercator:
Name of nearest waterbody: Harrisons Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
0 Field Determination. Date(s):7/12/2023
TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs.
non -wetland
waters)
Geographic authority to
which the aquatic
resource "may be"
subject (i.e., Section 404
or Section 10/404)
Wetland 1
34.374502
-77.734721
1.3 AC
Wetland
404
Wetland 2
34.373939
-77.733618
0.674 AC
Wetland
404
Wetland 2-1
34.367493
-77.728566
36.0 AC
Wetland
404
Wetland 3
34.368209
-77.727686
12.25 AC
Wetland
404
Wetland 4
34.373571
-77.732526
1.0 AC
Wetland
404
Wetland 5
34.370291
-77.738732
37.0 AC
Wetland
404
Wetland 6
34.373182
-77.737442
4.5 AC
Wetland
404
S1
34.372183
-77.733829
1570 LF
Non -Wetland
404
D2
34.372804
-77.734640
194 LF
Non -Wetland
404
D3
34.372297
-77.735011
203 LF
Non -Wetland
404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWT or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Figure 7: Potential Waters of the U.S. Map
0 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: Fig 2: 1:12,000/Hampstead, NC
❑■ Natural Resources Conservation Service Soil Survey. Citation: Fig 3: Soil Survey of Pender County
❑■ National wetlands inventory map(s). Cite name: Fig 4: USFWS NWI Mapper
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps: Fig 5: Panel: 3720328200J & 3720327200J; February 16, 2007
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ❑■ Aerial (Name & Date): Figures 3-6
or ❑■ Other (Name & Date): Appendix I I: Site Photos
❑ 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.
Moose
David Moose Datlea1ly 2023.09.12y g15d13-04'00'
Signature and date of
Regulatory staff member
completing PJD
Michelle Measda Digitally signed by Michelle Measday
y Date: 2023.06.30 15:36:40 -04'00'
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

■■ WithersRavenel
.. Our People. Your Success.
NCDMS LETTER OF
ACCEPTANCE

ROY COOPER
Govemor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Ashley Dennis
Moseley Architects
6210 Ardrey Kell Road
Charlotte, NC 28277
Project: Pender County K-8 School
NORTH CAROLINA
Environmental Quality
March 25, 2024
Expiration of Acceptance: 9/25/2024
County: Pender
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the applicable 404 Permit/401 Certification/Buffer Approval within this time frame,
this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once
DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit
and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid
by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030007
Non -Riparian Wetland
0.40
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
A�ev�t2lh�
Kelly B. Williams
In -Lieu Fee Program Coordinator
cc: Rick Trone, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
4`'jJ 217 West jones Street 1 1652 Mail Service Center I RaIetgh. North Carolina 27699-16S2
ti�U-.k nani ry
�r.ir 919.707.8976

■■ WithersRavenel
.. Our People. Your Success.
SHPO COMMENT
LETTER

Qu—
QU
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
February 28, 2024
Troy Beasley
WithersRavenel
115 Mackenan Dr
Cary, NC 27511
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
tbeasley( ,,withersravenel.com
Re: Construct school, Weir Tract, PIN 3282-28-1109-0000, NC 210 Higway West, Hampstead, Pender
County, ER 23-1831
Dear Mr. Beasley:
Thank you for your letter of February 14, 2024, regarding the above -referenced undertaking. We have
reviewed the submission and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review&dncr.nc.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely, , n
Ramona Bartos, Deputy
(� State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

■■ WithersRavenel
.. Our People. Your Success.
IMPACT
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■■ WithersRavenel
.. Our People. Your Success.
OVERALL SITE
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