20171369 Ver 1_Jurdistictional Determination_20171026

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U.S. ARMY CORPS OF �NGINEERS
WILMINGTON DISTRICT �
Action Id. SAW-2013-00016 County: Robeson U.S.G.S. Quad: Gaddvsville
NOTIFICATION OF JURISDICTIONAL DETERMINATION'„�,;�_>� .:' . '
�.,;:--..--_ .
Property Owner/Agent: Mr. Gordon Cashin Mr. Robert Turnbull
NCDOT Cnvironmental Services, Inc.
Address: 1598 Mail Service Center 524 South New Ho�e Road
Raleigh, North Carolina 27699 Raleigh, North Carolina 27610
Telephone No.:
Property description:
Size (acres) 14 Nearest Town Fairmont
Nearest Waterway Ash�ole Swamn River Basin Lumber
USGS HUC 03040203 Coordinates N 34.446975 W-79.165877
Location description: B-4620 The nroiect area is located at Brid�e Numbers 121 and 123 over Ashnole Swam�
along SR 2455, southwest of FairmontLi:obesan County. n`orth Carolina.
Indicate Which of the Followin� Apply:
A. Preliminary Determination
X Based on preliminarv information there mav be waters of the U.S. includin� wetlands on the above described
proiect area This nreliminary determination is not an appealable action under the Regulatorv Pro�ram
Administrative Anneal Process ( Refereuce 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Wateis 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, 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 pennit 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 foi• a period not to exceed five years fi�om the date of this notification.
We strongly 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 �vish to obtain a consultant. To be considered final, any delineation must be verified Uy the Corps.
The waters of the U.S. including �vet]and on your project area have been delineated and the delineation has been verified
uy ihe Curps.
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
ow� published regulations, this determination may be relied upon for a period not to exceed tive years fi•om the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above desa�ibed project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 134�1). Unless there is a change in the la��� or ow�
published regUI3tI011S, 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 Co�u�ties 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 Deparhnent of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding 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 annropriate
Re�ional Supplement. The water bodv exhibits an ordinary hi�h water mark as indicated by the absence of vegetation
in the stream channel and the presence of bed and banks.
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 participation
in USDA programs, you should request a certifed wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals InfOrmation (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence 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
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave
Wilmington, North Carolina 28403
ln 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 above address by October 7, 2013.
**[t is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.** -
Corps Regulatory Official: _Ronnie Smith
�
Date: Aueust 6, 2013
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.army.mil/survey.html
to complete tl�e survey online.

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): ��9 JS � 6J Z b I 3
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Gordon Cashin, NCDOT, 1598 Mail Service Center, Raleigh, NC 27699-1598
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
w'��w:�r.Jr-�v.� NC�DoT/(3—ybz, o j�= �-Z�t3 — ��01 �
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
TIP: B-4620
Description: Bridge No.'s 121 & 123 over Ashpole Swamp, Robeson County
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:NC County/parish/borough: Robeson City:
Center coordinates of site (lat/long in degree decimal format):
Lat. 34.44769° N, Long. 79.16508° W.
Universal Transverse Mercator: 17S 668567 3813323
Name of nearest waterbody: Ashpole Swamp
Identify (estimate) amount of waters in the review area:
Non-wetland waters: linear feet: � Od width (ft) and/or acres.
Cowardin Class: ��JBr�w-
Stream Flow: Pe renh� a1
Wetlands: 7.29 acres.
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: N/A
Non-Tidal: N/A
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
� Field Determination. Date(s): '�' 1—' �

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 is 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
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant 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 could possibly 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 applicant's 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 afl
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, as soon as is practicable.
This preliminary JD finds that there "maybe"waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following inforrnation:

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: Environmental Services, Inc.
� Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
�-Office 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 Hydrologic Atlas:
❑ USGS NHD data. � �
❑ USGS 8 and 12 digit HUC maps.
� U.S. Geological Survey map(s). Cite scale & quad narne:Gaddysville, NC
1:24, 000.
� USDA Natural Resources Conservation Service Soil Survey.
Citation:USDA Soil Survey of Robeson County.
❑ National wetlands inventory map(s). Cite name: .
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps: .
❑ 100-year Floodplain Elevation is:
of 1929)
(National Geodectic Vertical Datum
� Photographs: [1�Aerial (Name & Date): ���. Esw=
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter: .
� Other information (please specify): 2007 Grid Elevation Data, NCDOT
LiDAR, Robeson County, NC..
IMPORTANT NOTE: The information recorded on this form has not
necessarilv been verified bv the Corps and should not be relied upon for
later iuri�dictional det�rminaiion�. �
i � `in � �-�
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Estimated amount
of aquatic Class of
Site Cowardin resource in review
number Latitude Longitude Class area aquatic
resource
Linear Acres
ft.
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