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Home My WebLink About20141132 Ver 2_Jurdistictional Determination_20171030Action Id. SAW-1995-00459 U.S. ARMY CORPS OF ENGIN�ERS WILMINGTON DISTRICT County: Richmond U.S.G.S. Quad: � �� AU� 22 2011 p� ' ' i itt j 3iatr � ��4 1 . . . . ... . ry!� r �i And Marston� " � � NOTIFICATION OF JURISDICTIONAL DETERMINAT � - Property Owner/Agent: Address: Telephone No.: Ms. Deanna Riffev IVCDOT- PDEA 1598 Mail Service Center Ralei�h, NC 27699 Property description: Size (acres) 4030 acres/19 miles Nearest Town Rockin�ham and Hamlet Nearest Waterway E'alline Creek River Basin Pee Dee River Basin USGS HUC 03040201 Coordinates N 34.911444 W-79.725413 Location description: R-2501-US 1 Rockin�ham Bvnass. The proiect area is located along and south of US HiEhwav 1, between Rockin�ham and Hamlet in Richmond Countv, North Carolina Indicate Which of the Followin� Applv: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered tinaf, a jurisdictional detennination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 I). B. Approved Determination _ There are Navigable Waters of the United States within the above descrrbed 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. X There are waters of the U.S. includin¢ wetlands on the above described_proiect area subiect to the �ermit requirements of Section 404 of the Clean Water Act (CWA)(33 USC 6 1344) Unless there is a change in the law or our nublished regulations, this determination mav be relied upon for a neriod not to exceed �ve vears from the date of this noti�cation. _ 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 wish to obtain a consultant. To be considered fnal, any delineation must be verified by the Corps. X The waters of the U.S. includin� wetland on vour nroiect area have been delineated and the delineation has been verified bv 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 deter�nination 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 wetfands, presei�t 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 fi�om 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 (910) 796-7215 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 constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311), ]f 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 This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to tributaries the Pee Dee River, which is a traditional navigable water of the United States. The site contains wafer bodies that exhibit ordinarv high water marks as indicated bv the absence of veeetation from the stream channel and the presence of wrack lines. sediment deposition and bed and banks. This determination is based on information provided � Environmental Services, Inc and a site visit conducted bv Ronnie Smith of the U.S. Armv Corps of En�ineers on June 7, 201L 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 par[icipants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. AppealS InfOt'matl0n (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 33 ]. 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 Offce 69 Darlington Ave Witmington, North Carolina 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 33 I.S, 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 16, 2011. **It isp ot necessary to submit an RFA form to the�i�s •' ffice if� u do not object to the determination in this corres ondence.** o'" Corps Regulatory Official: Date: Au�ust l7, 2011 Expiration Date: August 1'7, 2016 The Wihnington 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 the survey online. Applicant: NCDOT File Number: SAW-1995-00459 Date: August 17, 2011 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permissionl PROFFERED PERMIT (Standard Perniit or Letter of PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION ivu. riuuiiivua.i .l� B C D E identifies your rights and optians regarding an administrative appeal of the above ation may be found at http:Jlwwtv.usace.army.mil/CECW(Pag�slreg_materials.aspx FR Part 331: A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, 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 that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form 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 ofyour 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 of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pennit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. ff 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 I,OP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by compieting 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. C: PERMIT DENIAL: You may appeal the denial of a pennit under the Corps of Engineers Administrative Appeal Process by completing Section 1( 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. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify 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: lf you disagree with the approved JD, you may appeal the approved JD 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 must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary Jll is not appealable. If you wish, you inay 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. _. �, � �� : t z, ,� , � SE�°J,`I�I�i l� - REQUE�'I',F(��Z �?PEA�, Qr UB7�C'I"If�I�S T`� A:I�1 �1.�1I'i`IAL PRC�F'FEREU F�RMIT 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 for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional information to clarify the location of information that is already in the administrative record. ��f�m��`';{�� `��°�' �e?z� w!(Q�s`r�{��r.�',� `{ri�. r��RI1�A�'�o�: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Mr. Ronnie Smith Mr. Jason Steele USAED-RG Administrative Appeals Review Officer 69 Darlington Avenue 60 Forsyth Street, SW (Room 9M10) Wilmington, NC 28403 Atlanta, GA 30303-8801 404-562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent.