20171145 Ver 1_final signed Br 142 SR 1534 PJD_20170816

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-01722 County: Onslow Countv U.S.G.S. Quad: Hollv Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: NCDOT-Division 3
Attn: Mr. Mason Herndon, Env. ProEram Supervisor
Address: 5501 Barbados Blvd.
Castle Havne, NC 28429
Size (acres) +/- 1 Nearest Town Hollv RidEe
Nearest Waterway Onslow Bav River Basin Onslow Bav
USGS HUC 03020302 Coordinates Latitude: 34.4941627100321
Longitude: -77.5161638092627
Location description: The uroiect area is located along SR 1534 (Hollv RidEe Road) near Holly Ridge where Br
142 crosses an unnamed tributarv of Kings Creek, Onslow Countv.
Indicate Which of the Followin� Applv:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that rnay 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 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 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. 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 (RFIA) (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.
_ 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
Page 1 of 2

SAW-2017-01722
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
pernut 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 Marehead 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 Brad Shaver at
[phone] or Brad.E.Shaver(a�usace.armv.mil.
C. Basis For Determination: The area possessed both wetlands as described in the 1987 Corps Delineation Manual
and had features that possess an ordinary high water mark.
D. Remarks: This determination was completed as a desktop. The map of record is attached.
SHAVER.BRAD.�• DigitallysignedbySHAVERBRAD.E.127660n56
DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
1276601756 ou=USA,rn=SHAVER.BRAD.E.1276601756
Corps Regulatory Official: °ate:Z°,'.°8'6,5:55:4, -°`�°°�
Date: August 16, 2017 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://corpsmapu.usace.army.miUcm_apex/f?p=136:4:0.
Copy Furnished:
NCDEQ-DWR attn: Ms. Joanne Steenhuis
Page 2 of 2

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUE5T FOR APPEAL
Applicant: NCDOT-Division 3 File Numbei: SAW-2017-01722 Date: August 16, 2017
Attached is: E
INITIAL PROFFERED PERMIT (Standard Pennit or Letter of p
PROFFERED PERMIT (Standard Pei-�nit or Letter of pei�nissioil
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELiMINARY JURISDICTIONAL DETERMINATION
See Section below
ission) A
B
C
D
E
SECTION I- The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional inforn7ation may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or
Coi-ps re�ulations at 33 CFR Part 331.
A: INiTIAL PROFFERED PERMiT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Pern�it, you may sigi7 fl1e penllit doctuilent and reYurn it to the district engineer for final
authorizarion. lf you received a Letter of Pei-�nission (LOP), you inay accept the LOP and your work is autharized. Yot�r signature
on tl�e Standard Pei•mit or acceptance of the LOP me�uls that you accept tl�e permit in its entirety, aucl waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations �ssociated with tl�e penmit.
OB7ECT: If you object to the pernlit (Standard or LOP) because of certain terms and conditions therein, you may request th�t the
}�ermit be modified accordingly. You must complete Secrion II of this form a��d retut-�i the forin to the district engineer. Your
objections must be received by tl�e district engineer within 60 days of the date of this notice, or you will forfeit your right to a�peal
the permit in tl��e future. U�on receipt of your letter, the district engineer will �valuate yow� objections and may: (a) modify the
permit to address all of your concen�s, (b) modify the permit to address so�11e of your objectio�is, or (c) not �nodify tlle perinit
havi�lg detennined that the �einlit shoLtld be issuecl as previously writtei�. After evaluating your objections, the district engi��eer
will send you a profferecl permit for yoLtr reconsideration, as indic�ted ii� Section B below.
B: PROFFERED PERMIT: You may accept or appeal the pennit
• ACCEPT: If you received a Standard Permit, you may sign t1�e permit document and rehrrn it to tl�ie district engineer for final
authorizatiou. If yoL� received a Letter of Pei�nission (LOP), yoLi �nay accept the LOP and your work is authorized. Your signature
on the Standard Pern7it or acceptance of the LOP means tl�at you accept the permit in its ei�tirery, and waive all rights to appeal the
pennit, including its terms and conditious, and approvzd jurisdictioi2al deteru7inations associated with the penl�it.
• APPEAL: lf you choose to decline tl�e proffered permit (Stai�dard or LOP) because of certain tern�s and conditions therein, you
may appeal the declined permit under the Corps of Engineers Admuustrative Appeal Process by coizipletuig Section II of this form
and sending the fonn to the division engineer. This fori� must be received by the division engineer withiu 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Adininistrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
inust be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Cor��s to accept 1n approved JD. Failure to notify the Corps within 60 days of the date of
this notice meai�s tl�at you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: lf you disagree with the approved JD, you may appeal the approved JD under the Coips of Engineers Administrative
Appeal Process by conlpleting 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.
Page 3 of 2

SAW-2017-01722
E: PRELIMINARY NRISDICTIONAL DETERMINATION: You do not need to respond to the Coips
regarding the preliminaiy JD. The Preliminaiy JD is not appealable. If you wish, you may request an approved
7D (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this fonn to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the adininistrative record, the Corps
meinorandum far the record of the appeal conference or ineeting, and any suppleinental information that the
review officer has detennined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new inforination or ailalyses to tlle record. However, you may provide additional infoi-�nation to clarify
tl�e location of information that is already in the administrative i-ecord.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you hav� questions regarding this decision and/or the If you only have questions rcgarding thc appeal process you may
appeal process you inay contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative A�peal Review Officer
Attn: Brad Shaver CESAD-PDO
69 Darlington Ave U.S. Anny Coips of Engineers, South Atlantic Division
Wilmington, NC 28403 60 Forsyth Street, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below �-ants the rigl�t of enhy to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site duru�g the course of the appeal process. You will be provided a 15 day
notice of an site investigation, ancl will have the o ortunity to �rtici ate in all site investigations.
Date: Telephone number:
Signattu�e of appellant or agent.
For appeals on Initial Paof fered Per`rzits sencl tlzis.fornz to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Pernzit de�iia�ls, Proffered Perinits n�d Approved Jurisdietiona! Determinrrtions send th�is for•nz to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Office�r, CESAD-PDO, 60 Forsytb Street, Room 1OM75, Atlanta, Georgia 30303-8801
Phone: [phone]
Page 4 of 2