20171365 Ver 1_Jurdistictional Determination_20171026

Action Id. SAW-2011-01806
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Cumberland U.S.G.S. Quad: Favetteville and Clifdale
NOTIFICATION OF JUI�ISDICTIONAL DETERMINATION
Property Owner/Agent:
Address:
Telephone No.:
Property description:
Size (acres)
Neazest Waterway
Mr. Gordon Cashin
NCDOT
1598 Mail Service Center
Raleiah, North Carolina 27699
Nearest Town Favetteville
River Basin Caoe Fear
USGS HUC 03030004 Coordinates N 35.042993W -79.960854
Location description: U-4405. The uroiect area is located alone US Hiehwav 401/Raeford Road betwi
�t°` School Road) and LJS 401 Robeson Street, in Favetteville. Cumberland Countv' Narth Carolina.
Indicate Which of the Followina Apply:
A. Preliminary Determination
X Based on nreliminarv information, there mav be waters of the U.S. includine wetlands on the above described
oroiect area. We stronelv suaeest vou have this nropertv inspected to determine the extent of Deoar[ment of the
Armv (DA) iurisdiction. Tn be considered final, a iurisdictional determination must be verified bv the Corps. This
preliminarv determination is not an appealable action under the Reeulatorv Proeram Administrative Aopeal
Process ( Reference 33 CFR Part 3311.
B. Approved Determ'►nation
_ There aze Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, ihis determinatior, may be ;elied upon for a period not to exceed five yea;s from the date cf
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 yeazs from the date oFthis notification.
_ We suongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The waters of the U.S. including wetland on your project area have been delineated and the delineation has been verified
by the Corps.
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 September 29, 2010. 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 aze no waters of the U.S., to include wetlands, present on the above described project azea which aze 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 Wilmington, NC at [phone] to determine
their requirements.

Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constimte a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regazding this
determination and/or the Corps regulatory program, please contact Ronnie Smith at 910-251-4829.
C. Basis For Determination
The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate
Reeional Sunplement The water bodies exhibits ordinarv hiah water marks as indicated bv the absence of veaetation in
the stream channel and the presence of bed and bank, sediment deposition and wrack lines.
D. Remarks
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participarion
in USDA programs, you should request a certified wetland determinafion from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals InfoCmation (This information appiies only to approved jurisdictianal determinations as indicated in
B. above)
This corsespondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Atm: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
69 Dazlington Ave
Wilmington, North Cazolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the ahove address by October 20. 2012.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.** ��""'W'�,C
Corps Regulatory Official:
Date: Aueust 21, 2012
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 the Customer Satisfaction Survey located at our website at http://per2.nwp.usace.armymil/survey.html
to complete the survey online.
Copy Furnished:
Mc Cpazlie Johnston
ESI
524 South New Hope Road
Raleigh, North Carolina 27610
Mr. Jim Rerko
NCDOT-Division 6
Post Office Box 1150
Fayetteville, North Carolina 28302

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A� liclnt: [VCDOT � FileNumb�c SAW-2UL1-01806 � DaTe: Au u�,
Attached is: See Section baluw
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
PROFFERED PERMIT (Standard Permit or Letter of permissic
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY 1UR]SDICTIONAL DETERMINATION
0
0
�
SECTION i- The following identif ec yow rights a�d options rega�clin� an administrztti�e apPeal of the abova decision.
Additiona] infomizrtion may be fuund at httn./lwww usace.a�wy.mil/inetJfunction-,,icw/cecwo�rze or
A: INITIAL PROFI'Cl2P;D P�d2MIT: You may aceept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign die permit document and return it to the district engineer for final
authorizatioa 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 permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approvedjurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of ceRain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and retum the forcn to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the Future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some o£ your
objections, or (c) not modify tl�e permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROP: ERFD PERMIT: You ma-y accept or appea] the permit
• ACCEPT: If you received a Standard Pettnit, 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 tUat you accept the permit in its entirety, and evaive all
rights to appeal the permit, including its terms and conditions, and approvedjurisdictional determinations associated with the
permit.
• APP�AL: If you choose to decline the proffered permit (Standard or LOP) because of certai�� terms and conditions therzin,
you may appeal the declined pennit under the Cotps of Engineers Administrative Appeal Process by completing Section i[ of
this fonn and sending the form to tUe division engineer. This form must be received by tl�e division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this fonn and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of tfiis notice.
D: APPRO`
inforrnation.
AL DETERM[NATION: You may accept or appeal the approved JD or provide new
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to ootify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engi�eers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY IURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary .TD. The Preliminary 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 infomiation for fuither consideration by the
Coips to reevaluate the iD.
SECTION fI - REQUEST F"OR APPEAL or OBJECTIONS TO AN i[JITIAL PROFFERL-D PEI2MIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reaso�s for appealv��* the decisio� or your objections to an initial
proffered perniit in clear concise statements. You may atSacl� additional informatioi� to this fo�m to clarify where yow� reasons or
objections a�e addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memora��dum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has detennined is needed to
clarify thc adminisirat:ve reccrd. Nzitlier tL•e 4ppzllant no, the Corps r.,ay add new ir;ona:;or o: ar.a'.yses ;a ,he recerd.
However, you may provide addiTional iilformatio� to clarify the ]ocation of inFormation that is already in the administrative
record.
POINT OF CONTACT FOR QUBSTIONS OR INFORMATION:
If yoii have questions regarding this decision andlor the If you only have questions regardin� the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review OBicer
Attn: Ronnie Smith CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403 60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govemment
consultants, to conduct investigations of the project site during the course ol'the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the op orCunity to artici ate in all site investigations.
Daie: Telephonz r�uniL-cr:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, ProFfered Permits and approved Surisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army �ngineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone:[phone]

PRELIMINARY JURISDICTIONAL DE7ERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):. August 20, 2012
B. NAME AND ADDRESS OF PERSON REQUES7ING PRELIMINARY JD:
Mr. Gordon Cashin
NCDOT
1598 Mail Service Center
Raleigh, NC 27699-1598
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, NCDOT-
CI-4405, SAW-2071 •01806
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
State: North Carolina Gounty/parish/borough: Cumberland City: Fayetteville
Center coordinates of site (IaUlong in decimal degree format):
Lat. 35.042993° N, Long. -79.960854° W.
Universal Transverse Mercator:
Name of nearest waterbody: Beaver Creek and Buckhead Creek.
Identify (estimate) amount of waters in the review area:
Non-wetland waters: 470 linear feet: 11-45 width (ft) and/or acres.
Cowardin Class: Riverine
Stream Flow: perennial ,
Wetlands: 0.08
Cov�ardin Class: forested/scrub-shrub
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
E. . REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
� Field Determination. Date(s): August9, 2012
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD i"s hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the,permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.

2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre-construction notification" (PCN), or requests verification for a non-reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
base.d on a preliminary JD, which does not make an o�cial determination of
jurisdicfional waters; (2) that the �pplicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD coutd possibty result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicanYs acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization'(e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, �s soon as is practicable.
This preliminary JD finds that there may be" waters of the United States on the
subject project site, and identifes all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
� Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: ESI.
� Data sheets prepared/submitted by or on behalf of the
appl icant/consu Itant.

� OffiGe concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps: .
❑ Corps navigable waters' study: .
❑ U.S. Geological Survey HydrologicAtlas: .
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
� U.S. Geological Survey map(s). Cite scale & quad name: Fayetteville and
Clifdale, 1:24,000
� USDA Natural Resources Conser.vation Service Soil Survey. Citation:
Cumberland County Survey
0 National wetlands inventory map(s). Cite name:.
❑ State/Local wetland inventory map(s): .
❑ FEMA/FIRM maps: .
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Dafum
of 1929)
� Photographs: � Aerial (Name & Date): .
or � Other (Name & Date): .
❑ Previous determination(s). File no. and date of response letter: .
� Other information (please specify): NCDWQ Stream ID Form.
Ronnie Smith 8/9/12'� 1 =�
Signature and date 4f
Regulatory Project Manager
(REQUIRED)
.�/6'��N�— ��� 9/Z�/,2
Signature and date of .
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)