20201511 Ver 1_final signed B 5642 PJD_20161107

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-02146 County: Brunswick U.S.G.S. Quad: NC-ACME
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: NCDOT — NES
attn.: Mr. Gordon Cashin
Address: 1598 Mail Service Center
Ralei�h, NC 27699
Size (acres) +/- 16
Nearest Waterway Batarora Creek
USGS HUC 03030005
Agent: Calvx En�ineers + Consultants
attn.: Mr. Mark Micklev
6750 Trvon Road
Carv, NC 27518
Nearest Town Leland
River Basin Cape Fear
Coordinates Latitude:34.2481823651612
Longitude: -78.1447206872757
Location description: Theproiect area is located along Hwy 87 between Hwv 74/76 and Hwy 17 at Bridge # 65
crossinE Baratora Creek, Brunswick Countv.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
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. See Field sketch dated 10/19/2016, attached.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including weflands, 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. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law ar our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2

_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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.
_ 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 Deparhnent 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 Brad Shaver at 910-
251-4611 or Brad.E.Shaver(�a,usace.army.mil.
C. Basis For Determination: The site possessed wetland characteristics as described in the 1987 Corps Delineation
Manual and the appropriate regional supplement and possess a tributary with an ordinary high water marl�
D. Remarks: The site was field verified with requested changes on 10/19/2016.
Corps Regulatory Official:
Date: November 7, 2016
� Digitally signed by SHAVER.BRAD.E.1276601756
�� DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, cn=SHAVER.BRAD.E.1276601756
Date: 2016.11.07 1336:16 -OS'00'
Expiration Date: None PJD
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsma,�u.usace.army.mil/cm_apex/f?p=136:4:0.
Copy Furnished(electronic):
NCDOT-Division 3 attn: Mr. Mason Herndon
NCDEQ-DWR attn.: Ms. Joanne Steenhuis

NOTIFICATiON OF ADMiNiSTRATIVE APPEAL OPTTONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT
Attached is: �
File NumUer: SAW-2016-02146 � Date: November 7, 2016
INITIAL PROFFERED PERMIT (Standard Per►nit ar Letter of p
PROFFERED PERMIT (Standard Permit or Letter of pennission
PERMIT DENIAL
APPROVED JURTSDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
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:
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SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional infonnation inay be foimd at htf�� i''«%����<<.usace.armv.mili MiSsionslCivil�'�'orizs/Rc�i�ilator. ��ro�raa�nandPcrmits.aspx or
Co�ros re<>ulations at 33 CFR Part 331.
A: INITIAL PROFTERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Pernlit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), yoti� may accept the LOP and your work is authorized. Your
signahu-e on the Standard Perinit or acceptance of the LOP ineans that you accept the penliit in its entuety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jt�risdictional determinations associated with the
perrnit.
OBJECT: If yoii object to the perinit (Standard or LOP) because of certain terms and conditions therein, yoLi may request
that the pennit be modifred accordingly. You must coinplete Section II of tl�is form and return the form to th� disnict
engineer. Your objections must be received by ttie district engineer within 60 days of the date of this notice, or you will
forfeit yottr rigllt to appeal the pennit in the fuYure. Upon reeeipt of yot�r letter, the district e��gineer will evaluate your
objections and may: (a) modify the permit to address all of yoLir concerns, (b) modify the permit to address some of your
objections, or (c) not n�odify the pennit having determined tl�at the pein�it should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered pennit 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 Pei7l�it, 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 perniit in its entirety, and waive all
rights to appeal the �enr�it, inchiding its terms and conditions, and approved jnrisdictional determinations associated with flle
permit.
• APPEAL: If you choose to decline the proffered pernut (Standard or LOP) because of certaui tei�ns and conditions therein,
you may appeal the declined permit Ltnder the Corps of Engineers Administrative Appeal Process by completing Section Il of
this form and sending the form to the division engineer. This forin 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 Cotps of Engineers Administrative Appeal Process by
coin�leting Section II of this fonn and sending the foi7n to the division engineer. This fonn n�ust be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: Yotii may accept or appe�l the approved JD or provide new
'rnforination.
ACCCPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Coips within 60 days of the
date of this notice, tneans that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree witl� the approved JD, you ivay appeal the approved JD ui7der the Corps of Engineei-s
Administrative Appeal Process by completing Section II of this form and sending the foim to the district engineer. This fonn
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 Coips regarding the
preliminary JD. The Preliminaiy JD is uot appealable. lf you wisl�, you may reqLiest an approved JD (which may be appealed),
by contacting tl7e Corps dish-ict for fiirther institiiction. Also you may provide new infonnation for fiii�her consideration by the
Coips to reevaluate the JD.
SECTION II - REQU�ST 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 penilit in clear concise statements. You may attach additional infonllation to this fot7n to clarify where your reasons or
objecYions are addressed in the adiuinistrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the ad�ninistrative record, flze Corps inemorandum far the
record of the appeal conference or meeting, and any supplemental information that tl�e review officer has determined is needed to
clarify the adiilinistrative record. Neither the appellant nor the Coips may add new inforination or analyses to the record.
However, you may provide additional information to clarify the location of information tl�at is aL�eady in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
If you have questions regarding this decision and/or the If you only have questions regardiug the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Adininistrative Appeal Review Officer
Attn: Brad Shaver CESAD-PDO
69 Darlington Ave U.S. Anny Corps of Engineers, Sotith Atlantic Division
Wilmington, NC 28403 60 Forsyth Street, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants tl�e right of entry to Corps of Engineers �ersonnel, 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 invesrigation, and will have the o ortuni to artici ate in all site investi �ations.
Date: Telephone number:
Signature of a pellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Brad Shaver, 69 Darlington Ave
Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinitions send this form to:
Division Engineer, Commander, LJ.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Ofticer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]