final signed Coral Drive Wrigthsville Beach.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02001 County: New Hanover Countv U.S.G.S. Quad: Wri�htsville Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Town of Wri�htsville Beach Agent: SEPI
attn: Mr. Tim Owens attn: Mr. Christopher Dustin
Address: 321 Causewav Drive 5030 New Centre Drive Suite B
Wri�htsville Beach, NC 28480 Wilmin$ton, NC 28403
Size (acres) 4.7 Nearest Town Wrightsville Beach
Nearest Waterway Onslow Bav River Basin Onslow Bav
USGS HCTC 03020302 Coordinates Latitude: 34.2122373032579
Longitude: -77J988929731468
Location description: The_proiect area is along Coral Drive adiacent to Lees Cut in Wrightsville Beach, New Hanover
Coun .
Indicate Which of the Followin� Apulv:
A. Preliminary Determination
X There are waters 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.
_ 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 (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 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
verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property
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SAW-2017-02001
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 site possessed a feature that has an ordinary high water mark along Lees Cut, a tidally
influenced feature.
D. Remarks: This determination was made by desktop. See attached map of record.
Digitally signed by
SHAVER.BRAD. SHAVER.BRAD.E.1276601756
DN: c=US, o=U.S. Government,
E.1276601756 on= HAVER.BRAD.E.1276601756
Corps Regulatory Official: oace: zo� �.o9.zo o�:a�:s9 -04�00�
Date: Seutember 20, 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:
NCDOT-Division 3 attn: Mr. Mason Herndon
NCDEQ-DWR attn: Ms. Joanne Steenhuis
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUE5T FOR APPEAL
Applicat�t: Town of Wrightsvi]le Beach File Nutnber: SAW-2017-02001 Date: September 20,
2017
Attached is: E
INITIAL PROFFERED PERMIT (Standard Pei-�nit or Letter of p
PROFF�RED PERMIT (Standard Pei7nit or Letter of pennission
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 htt�p://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 t11e permit.
• ACCEPT: If you received a Standard Pei-mit, you may sigi7 the pernlit doctunent and return it to the district engineer for final
authorizarion. lf you received a Letter of Pei7nission (LOP), you inay accept the LOP and your work is autharized. Your signature
on the Stand�rd Permit or acceptance of the LOP means that you accept tl�e permit in its e��tirety, ancl waive all rights to appeal the
permit, including its terins and co��ditions, and approved jurisdictional determinations associated with tl�e pennit.
OBIECT: If you object to the peimit (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 return the form to the district engineer. Your
objections must be received by tl�e district engineer within 60 days of the date of tl�is notice, or you will forfeit your right to a�pea]
the permit in the future. U�on receipt of your letter, the district engineer will �valuate yotu- objections and may: (a) modify the
pernlit to address all of your concerns, (b) �nodify the pernlit to address soille of your objections, or (c) not modify the per�nit
having determined that the perniit shoLtld be issueci as previously writte��. After evaluating your objections, tl�e district engi��eer
will send you a proffered permit for your reconsideration, as indicated in Section B Uelow.
B: PROFFERED PERMIT: You may accept or appeal the pennit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and rettirn it to the district engineer for fmal
authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your signatlire
on the Standard Pern7it or acce}�tance of the LOP means tl�at you accept tl�e permit in its ei�tirery, and waive all i•ights to appeal the
permit, including its tei�ns and conditions, and approvzd jurisdictional deten77inations associated wiih the pern�it.
• APPEAL: lf you choose to decline tl�e proffered permit (Staildard or LOP) because of certai�7 tern�s 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 inust be received by the division engineer witl�iu 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
must be received by the division engineer wi�thin 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 an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means tl�at you accept the approved JD i�7 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 fonn and sending the fonn to the division engineer. This form must be received by
the division engineer within 60 days of the clate of this notice.
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SA W-2017-02001
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
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.
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 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 far the record of the appeal conference or meeting, 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 information or analyses to tlle record. However, you may provide additional infoi-�Ilation to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you hav�, questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
Distriet Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Brad Shaver CESAD-PDO
69 Darlington Ave U.S. Anny Coips of Engineers, South Atlantic Division
Wilmington, NC 28403 60 Farsyth Street, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the rigl�t of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site durulg tlie course of the appeal process. You will be provided a 15 day
notice of an site investigation, anci will have the o ortunity to partici ate in all site investigations.
Date: Telephone number:
Signatlue of appellant or agent.
For appeals o�i Initial Paof fered Perniits send tlzis. foYni to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Da�•lington Avenue, Wilmington, North
Carolina 28403
For Pernait de�ziaJs, Proffered Perinits nnd Approved Jurisdictioraa! Deter�ninntions send this fornz 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 lOMlS, Atlanta, Georgia 30303-SSOI
Phone: [phone]
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