final signed U 5716 Hwy 258 and Hwy 53 intersection PJD.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00537 County: Onslow Countv U.S.G.S. Quad: Jacksonville North
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: NCDOT-Division 3
Attn: Mr. Mason Herndon
Address: 5501 Barbados Blvd
Castle Havne, NC 28429
Size (acres) +/- 200 Nearest Town Jacksonville
Nearest Waterway Brinson Creek River Basin Onslow Bav
USGS HCTC 03020302 Coordinates Latitude: 34.7559398629667
Longitude: -77.4728510555294
Location description: The_proiect area (U-5716) is generally located in a lar�e block of developed land around the Hwv 53
and Hwv 258 intersection in Jacksonville, Onslow Countv.
Indicate Which of the Followin� Apulv:
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 verifed 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 pernut 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 pernut 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 (RI�A) (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 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. 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 completion. Once
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SAW-2017-00537
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 Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 andlor 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 subject area exhibits both an ordinary high water mark and characteristics of wetlands
as described in the 1987 Corps Delineation Manual, and appropriate regional supplemen�
D. Remarks: The site was field verified on 4/26/2017 with the consultant, NCDOT, and DWR.
S H AV E R. B RA D. DHAVER.BRAD E.�1276601756
DN: r—US, o=U.S. Government, ou=DoD,
E.1276601756 ou=PKl,ou=USA,
cn=SHAVER.BRA D.E.1276601756
Corps Regulatory Official: oate:zo,�.o9.0�,,:o5:,s-o4�o0�
Date: September 7, 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
htt,p://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
Copy Furnished:
NCDEQ-DWR attn: Ms. Joanne Seenhuis
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