20240583 Ver 1_Pender County LEC_Cover Letter and Attachments_20240417

-0- WithersRavenel
.. Our People. Your Success.
April 17, 2024
US Army Corps of Engineers
Wilmington Regulatory Field Office
Mr. Gary Beecher
69 Darlington Avenue
Wilmington, NC 28403
NC Division of Water Resources
401 & Buffer Permitting Unit
Ms. Stephanie Goss
1617 Mail Service Center
Raleigh, NC 27699
Re: Pender County Law Enforcement Center - NWP 39 PCN Submittal
Burgaw, Pender County, NC
USACE AID: SAW-2024-00094
WR Project #190856.00
Dear Mr. Beecher and Ms. Goss,
On behalf of Pender County, we are requesting authorization from the USACE to use NWP 39,
as well as requesting a 401 WQC from NCDWR, for the following impacts:
Jurisdictional
Type of
Acres
Linear
Impact Specification
Feature
Impact
Feet
Non -Wetland
Permanent
Rip Rap Dissipator
0.009
47
Permanent -
0.019
73
Stream
Functional
Road Crossing
Loss
Stream
Permanent
I Rip Rap Dissipator
0.005
21
Total
0.033
141
The proposed total permanent impacts to jurisdictional waters requested are 0.033 acres,
therefore, the proposed impacts are eligible for authorization under NWP 39.
The proposed project consists of the construction of a Law Enforcement Center and associated
infrastructure (roads, parking, utilities, stormwater management, etc.).
Proposed Project
The proposed Law Enforcement Center project is located on two parcels (PINS: 3219-86-8127-
0000 & 321987-6937-0000) totaling ±102-acres located on Old Savannah Road north of
Burgaw, NC, Pender County (Lat: 34.56361°N;-77.94171°W). The project site is within the
planning limits for the Town.
The project is in the Cape Fear River basin and onsite waters drain to Burgaw Creek. The Water
Quality Classification for Burgaw Creek is: C; SW and the Stream Index Number is: 18-74-49.
The cataloging unit for the site is 030300070801.
The existing Pender County Jail was designed and constructed in 1978, with expansion in 1994
and 1999. The Jail is rated at 92 beds according to the North Carolina Jail and Detention Branch
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 Pittsboro I Raleigh I Southern Pines I Wilmington

Pender County Law Enforcement Center 40 WV i t h e rs Rave n e l
Pender County ..
NWP 39 PCN Submittal our People. Your Success.
of the North Carolina Health and Human Services Division. The 1978 portion consists of a total
of 30 beds. Fourteen additional beds were added in 1994 and a 48-bed dorm was added in
1997. The Jail is mostly open dorms, consisting of a mix of 8-man dorms, a 14-man dorm, and a
40-man dorm. The facility has very limited segregation cells and only 2 holding cells in
Booking/Intake.
The existing facility is overcrowded, and inmate population projections indicate ever-increasing
future overcrowding. Due to current jail overcrowding and lack of segregated/closed cells, the
County is spending money annually housing as many as 25 inmates/month in other counties and
is prevented from gaining revenue for housing outside inmates. The correct cell type rather than
overcrowding is the driving force behind shipping inmates to other Counites as the current
facility has mostly minimum -security beds which are inefficient for inmate classification and
separation.
During a Needs Assessment Study performed by Moseley Architects 2020 which studied the
population trends from 2015 to 2019, the existing Pender County Jail was determined to have
an Average Daily Population (ADP) of 77.6 inmates. This is 14.4 under the current number of
Rated Beds (92) but 4 over the determined Operational Capacity of 73.6 inmates. Operational
Capacity is typically determined by taking 75%-80% of the rated beds in a detention facility, in
Pender County's case - 92 rated beds means the facilities Operational Capacity is 73.6 inmates.
This study provided population projections to 2045 which shows an ADP requirement of 153.47
beds (in 2045), an increase in ADP of 20%. A Classified Population Projection was determined to
be 184.17 beds (ADP + 20%). Furthermore, a Peak Population Projection was determined to be
224.41 beds (Classified ADP x 1.22). The Classified Peak Population represents a worst -case
population scenario. The Classified Population Projection of 184.17 beds is more likely to reflect
the typical day to day population requirements in the Pender County Jail.
Based on the population projections, a total of 184.17 beds would be required to meet
Population and Classification requirements through 2045. To meet the Peak Population
requirements, 224 beds would be needed through 2045. Based on the projected bed needs, the
identified bed type aids in proper classification as required by state standards: 75% of the jail
beds should be double occupancy, 20% need for special needs beds, and the remaining 5%
should be restrictive housing.
In addition, there will be a Law Enforcement Center attached to the Detention Center. The Law
Enforcement Center will contain a Sheriff's Office, 911 operations center, evidence storage
facility, and communications tower.
The project consists of three main components and impacts for all components are included in
this submittal:
• Component 1 is the development of the Law Enforcement Center (LEC) Site. This site
contains a planned detention center, a sheriff's office, 911 operations center, evidence
storage facility and supporting parking, driveways, communications tower, on -site
utilities, and stormwater conveyance and treatment.
• Component 2 comprises the development of offsite utilities to serve the LEC Site. These
include water and sewer services and electrical, natural gas, and communications
services.
Page 2 of 4

Pender County Law Enforcement Center
Pender County
NWP 39 PCN Submittal
::WithersRavenel
Our People. Your Success.
• Component 3 includes development of a new driveway to serve the western side of the
LEC Site. Due to historical flooding along Old Savannah Rd, the western access drive is
necessary to allow access to the LEC during flooding events.
Project History
The project site was delineated by SEPI in September 2018 and by Davey Resource Group in
2023.
A Jurisdictional Determination request was sent to the USACE by Cape Fear Engineering in
January 2024. A Preliminary Jurisdictional Determination was issued for the site on March 14,
2024 (AID: SAW-2024-00094). Please see attached Preliminary Jurisdictional Determination.
NC SHPO issued a comment letter for the project site on January 17, 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 November
2023. The survey determined there is not suitable habitat present for Rough -leaved Loosestrife,
Cooley's Meadowrue or Golden Sedge as these species require open habitat as found in pine
savannas. here is no suitable habitat for Red -cockaded Woodpecker as there are not large stands
of longleaf pines to provide nesting and foraging habitat. 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 one SCM outfall 0.033 acres of permanent stream and Non -Wetland waters
(Jurisdictional ditch) impacts for the following:
• Impact S1 (47 If/0.009 ac) - for a permanent SCM outfall Non -Wetland feature S1
(Jurisdictional ditch).
• Impact S2 (73 If/0.019 ac) - for a permanent functional loss impact for the western
access road crossing of feature S1.
• Impact S3 (21 If/0.005 ac) - a permanent no -functional loss impact for a rip rap dissipator
at the proposed western access road crossing.
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 Pender County Law Enforcement Center
and infrastructure have been minimized to only those necessary for construction of the western
access road and one SCM outfall. There are no impacts for buildings, parking, or utilities.
Feature S1 bisects the site west to east and therefore cannot be avoided in constructing the
necessary western access drive. Due to historical flooding along Old Savannah Rd, the western
access drive is necessary to allow access to the LEC during flooding events. The western access
drive is proposed to cross Stream 1 perpendicularly to minimize impacts.
Page 3 of 4

Pender County Law Enforcement Center :: Withers Rave n e l
Pender County
NWP 39 PCN Submittal Our People.Your Success -
An additional impact is necessary for an outfall from a proposed wet detention SCM. The SCM
will outfall through a 36" RGRCP into a rip rap dissipator. The dissipator was sized appropriately
for the proposed SCM to prevent scouring and erosive flows within the jurisdictional ditch
feature. Because the proposed facility was designed to fit into the developable uplands it was
not feasible to minimize jurisdictional ditch impacts by locating the SCM elsewhere on the site.
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
The proposed project will result in 0.019 acres of permanent stream impacts from construction
of a road crossing. Because the proposed permanent wetland impacts requested are less than
the 0.10-acre mitigation threshold, the applicant does not propose to provide mitigation.
The applicant does not propose mitigation for the 0.009 acres of permanent impacts to
jurisdictional ditches.
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 Form
• USGS Quads
• Aerial Exhibit
• Pender County Soil Survey
• Parcel/Owner Exhibit
• Delineation Exhibit
• USACE Preliminary Jurisdictional Determination
• SHPO Comment Letter
• Impact Exhibits
• Overall Site Plan
1. USFWS Self -Certification with Threatened and Endangered Species Report
2. USFWS Determination Key for Northern Long -Eared Bat
Page 4 of 4

■■ WithersRavenel
lipOur People. Your Success.
AGENT
AUTHORIZATION
FORM

-40- WithersRavenel
`/ Our People. Your Success.
AUTHORIZATION FOR PROPERTY ACCESS
The undersigned owner(s), Pender County, do(es) hereby authorize WithersRavenel, Inc. to access the 98.81
acre property, PIN#3219-87-6937-0000, Old Savannah Road 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,
stream/buffer 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 completion/termination of the purchase contract for the subject
property.
Date:
Contract Purchaser's Agent Info: Signature of Owner(s): /�
WithersRavenel, Inc. fi&IJ UC4 /vim /`'I SS • C�"`n�'f M �-
Name - Print Title /
115 MacKenan Drive
Cary, NC 27511 sigy1ature
Tel. [phone] ' g cK
Mailing Address
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Phone:
Email: Cc Ua/1 n �D-1.4-tiGo t,, /I /y, C vV
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com ( License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington

■■ WithersRavenel
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PENDER COUNTY
SOIL SURVEY

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USACE PRELIMINARY
JURISDICTIONAL
DETERMINATION

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2024-00094 County: Pender County
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
Allen Vann
Pender County Government
PO BOX 5
Bumaw, NC 28425
[phone]
avann(i pendercountyncxov
Size (acres) 102
Nearest Waterway Long Creek
USGS HUC 03030007
Nearest Town Bumaw, NC
River Basin Cape Fear
Coordinates Latitude: 34.56361 Longitude:-77.94171
Location description: This 102 acre site (Pender County Law Enforcement Center) is located on Old Savannah Road
in Burgaw, Pender County, NC. (Parcel ID: Sections of 3219-86-8127-0000 & 3229-04-1665-0000).
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described property, that may be subiect 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. Therefore this preliminary iurisdiction 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
iurisdictional 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 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. 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 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 of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
Page 1 of 2

SAW-2024-00094
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of 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.
_ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
_ The waters of the U.S., including wetlands, on your property 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, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed
five years from the date of this notification.
_ 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 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 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 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 Morehead City, 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 Gary Beecher at [phone] or
Ga rv.H.Beecher(&usace. army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: A desk top review was conducted using information from the consultant (Davey Resource Group) and from
Corps produced Lidar Maps.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:

SAW-2024-00094
Administrative Appeal Review Officer
Attn: Krista Sabin
US Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
AND
krista.d.sabingusace.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 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.
Corps Regulatory Official:
Date of JD: March 14, 2024 Expiration Date: PJD does not expire
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://re ug latory.ops.usace.army.mil/customer-service-survey/_
Copy Furnished via email to:
Consultant:
Kim Williams
Davey Resource Group

SANN'-2024-00094
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Allen Vann
File Number: SAW-2024-00094
Date: March 14, 2024
Pender County, NC
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
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/CiviI-Works/Regulatory-Program-
and- Perm its/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.

SANN'-2024-00094
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, or
may contact:
to submit your request for appeal, you may contact:
District Engineer,
Administrative Appeal Review Officer
Wilmington Regulatory Division,
Attn: Krista Sabin
Attn: Gary Beecher
US Army Corps of Engineers, South Atlantic Division
69 Darlington Avenue
60 Forsyth Street, Room 10M 15
Wilmington, North Carolina 28403
Atlanta, Georgia 30303-8801
krista.d.sabin(a�usace.army.mil
[phone]
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

SAW-2024-00094
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:

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: March 14, 2024
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pender County, NC
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Pender County, Law Enforcement Center, SAW-2024-00094
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Pender City: Burgaw
Center coordinates of site (lat/long in degree decimal format):
Lat.: 34.564059 Long.:-77.941623
Universal Transverse Mercator: 18 S 229988.48 m E 3828637.05 m N
Name of nearest waterbody: Burgaw Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
■❑ Office (Desk) Determination. Date: March 14, 2024
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (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)
T1
34.566257
-77.945465
1 ,800 If
non -wetland waters
Section 404
T2
34.561300
-77.942862
190 If
non wetland waters
Section 404
T3
34.562865
-77.938195
50 If
non wetland waters
Section 404
T4
34.560107
-77.944597
340 If
non wetland waters
Section 404
T5
34.554064
-77.942072
250 If
non wetland waters
Section 404
Streams
T1 & T4
NC DEQ Field visit
4440 LF
non -wetland waters
Section 404
See Delineation Map for most recent update and WOUS map, It differs from this table. The attached delineation map
accurately shows the WOUS on this project site. NCDEQ Field visit conducted after JD application was submitted.

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 NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an 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:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑x 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:
USGS Topographic 7.5 Minute- Burgaw
■❑ Natural Resources Conservation Service Soil Survey. Citation: GIS Soils Data Pender County
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ■❑ Aerial (Name & Date): NAPP 1998 Infrared Imagery; 2020 NC OneMap
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
■❑ Other information (please specify): Corps produced Lidar Maps NCDEQ site visit (Stream Call)
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.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' 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.

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Pender County Law Enforcement Center ���"
Pender County, NC Figure 6:
Resource Group
Map Date: December 19, 2023 3805 Wrightsville Avenue Current Aerial Map
P.ENV0000805 Wilmington, NC 28403
[phone]

L:\WETLANDS\2023 WETLANDS FILES\P.ENV0000805 --- 23 - N
Pender County Law Enforcement Center, Cape Fear Engineering\MAPS 0 300 600 1,200
Boundaries are approximate and not meant to be absolute. ft
Map Source: 2020 NC OneMar)
Pender County Law Enforcement Cente
Pender County, NC
Map Date: February 22, 2024
P.ENV0000805
DAVEYIE.
Resource Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Section 404/401
Wetland Delineation
Preliminary Sketch

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

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
January 17, 2024
MEMORANDUM
TO
FROM
SUBJECT:
Kadisha Molyneaux
North Carolina State Clearinghouse
Department of Administration
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
kadisha.molyneaux(c�r�,doa.nc.gov
Ramona M. Bartos, Deputy
State Historic Preservation Officer ��
Construct Pender County Law Enforcement Center (LEC), Old Savannah Road South,
Burgaw, Pender County, 24-E-0000-0172, ER 23-2890
Thank you for your email of December 28, 2023, concerning the above project.
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(2dncr.nc. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

■■ WithersRavenel
lipOur People. Your Success.
I M PACT
EXHIBITS

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■■ WithersRavenel
lipOur People. Your Success.
OVERALL SITE
PLAN

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