20120935_Other Agency Comments_20070326

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-983-010 (formerly 200500029) County: Brunswick U.S.G.S. Quad: Shallotte

JURISDICTIONAL INFORMATION SHEET o

Property Owner/Agent: NC Department of Transportation: Division of Highways
Address: Attn: Gregory J. Thorpe, Ph.D.
Project Development and Environmental Analysis
1598 Mail Service Center '-'S o.
Raleigh, North Carolina 27699-1598
Telephone No.: 919-733-3141
Size and location of property (waterbody, road name/number, town, etc.) The approximately 460 acre project study area (R-
3432/01d Georgetown Road Ext/Alternative 3), is bounded by Ocean Isle Beach Road to the west, NC Highway 179 and SR
1154 (Hale Swamp Rd SW) to the east, in wetlands adiacent to unnamed tributaries to the Shallotte River, southwest of
Shallotte, Brunswick County, North Carolina.
In the wake of the recent Supreme Court decisions in United States v. Rapanos and United States v. Carabell, the U.S. Army
Corps of Engineers and the Environmental Protection Agency are examining the methods in which we describe and document
jurisdictional determinations (JDs) pursuant to the Clean Water Act (CWA). In order to allow the Corps and EPA to prepare and
issue substantive guidance, the Wilmington District is, in accordance with guidance from our Headquarters and to the extent
circumstances allow, delaying making CWA jurisdictional determinations for areas beyond the limits of traditional navigable
waters (Section 10 waters) until new guidance is issued.
I am in receipt of the information you have provided to the U.S. Army Corps of Engineers regarding CWA jurisdiction over the
property described above. Based upon the regulations and guidance available to this agency prior to the decisions in United States
v. Rapanos and United States v. Carabell, it appears that the proposed jurisdictional boundaries you have provided to this office
are accurate. However, until final guidance is issued, I will not be able to make a final determination of CWA jurisdiction on the
referenced property.
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 information
sheet and/or the Corps regulatory program, please contact Jennifer S. Frye at 910-251-4923.

Remarks:
Corps Regulatory Official:

Date 03/14/2007

Copy furnished:

Mr. Mason Herndon, DOT Division Office, Highway Division 3, 124 Division Drive, Wilmington, NC 28401
Mr. Charles Cox, NCDOT, PDEA, 1598 Mail Service Center, Raleigh, NC 27699-1598
Mr. John Hennessy, DENR-DWQ, 2321 Crabtree Blvd., Suite 250, Parkview Building, Raleigh, NC 27604
Ms. Beth A. Reed, Kimley-Horn & Associates, Inc., PO Box 330668, Raleigh, NC 27636-3068