HomeMy WebLinkAbout20171454 Ver 1_final signed PJD tearsheet_20170307U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00414 County: Samnson U.S.G.S. Quad: NC-Salemburg
Property Owner:
Address:
Size (acres)
Nearest Waterway
USGS HUC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
NCDOT-Division 3
Attn.: Mr. Mason Herndon
5501 Barbados Blvd
Castle Havne, NC 28429
+/- 1
Mill Creek
03030006
Agent: Environmental Services, Inc.
attn.: Mr. Robert Turnbull
524 South New Houe Road
RaleiEh, North Carolina 27610
Nearest Town North of Salemburg
River Basin Cape Fear
Coordinates Latitude:35.0608
Longitude: -78.5089
Location description: The qroiect area is located alonE Huntlev School Road (SR 1434) over Mill Creek, north of
Salemburg, Sampson Countv, North Carolina.
Indicate Which of the Followin� Auply:
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/ar 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 deternunation 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 deternunation 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 permit 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.
Page 1 of 2
_ 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/ar 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 (252) 808-2808 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 wark 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 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Mr. Brad Shaver at
(910) 251-4611 or Brad.E.Shaver(�a,usace.armv.mil.
C. Basis For Determination: The project area possessed wetlands as described in the I987 Corps Delineation
Manual and appropriate regional supplement. The area also possessed tributaries that has an ordinary high water
mark.
D. Remarks: The PJD was processed as a desktop.
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 certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Informatlon (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:
US Army Corps of Engineers
South Atlantic Division
Atm: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
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 Division 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
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. ** Digitally signed by SHAVER.BRAD.E.1276601756
SHAVER.BRAD.E.1276601756 DN:c=US,o=U.S.Government,ou=DoD,ou=PKl,
ou=USA, m=SHAVER.BRAD.E.1276601756
Corps Regulatory Official: °dfe:Z°,'.°'.°'°'°8:�-°5°°�
Date: 3/6/2017 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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
NOTiFICATlON OF ADMINiSTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A � �licant: #NCDOT-Divisiou 3 File NumUer: SAW-2017-00414 Date: 3/6/2017
Att�ched is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Pei7nit or Letter of ennission) A
n PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
�
0
0
SECTION I- The following identifies yotiir rights and options regarding an adiT�inistrative appeal of tl�ie above decision.
Additional informatioi� may be found at htt��:i/w���.usacc.army.mil!MissionsiCi�ilWorlcsiRcgulatoryPro�ramandPci-mits.aspx or
Corps reQulations at 33 CFR Part 331.
A: INITIAL PROFTERED PERMiT: You may accept or object to the permit.
ACCEPT: If you received a Standard Pernut, you may sign the perinit document and return it to the district engineer for fmal
authorization. If you reeeived a Letter of Pern�ission (LOP), you may accept the LOP and your work is authorized. Yotu-
signature on the Standard Pennit or acceptance of the LOP me�ns that you accept the permit in its entirety, and w�ive all
rights to appeal the perinit, inchiding its terms and conditions, and approved jlirisdictional determinations associated with the
pei7nit.
OBJECT: If you object to the permit (Standard or LOP) becaLlse of certain terms and conditions therein, you may request
that the pennit be modified accordingly. You must coinplete Section Il of this fonil and retui�n the foi�n to the disnict
engi��eer. Your objections must be i-eceived by tl�e district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal tl�e permit in the fiihtre. Upon receipt of your letter, the dish-ict ei�gineer will evaluate your
objections and may. (a) ulodify the pernut to address all of yotir concerns, (b) modify the penilit to address some of your
objections, or (c) not nlodify the permit having dete�7nined that the peimit sl�ould be issued as previously written. After
evahiatii�g your objections, the district engineer will send yotii a proffered permit for yotiir reconsideration, as indicated iu
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the pei-�nit
• ACCEPT: If you received a Stanclarcl Pernut, yo�l inay sign the �ermit document and rettilrn it to the district engineer for final
authorizatioi�. If you received a Letter of Pern7ission (LOP), you may accept the LOP and your woi-k is authorized. Your
sigi�ature on the Standard Pernlit or acceptance of the LOP means that you accept tl�e permit in its entirery, and waive all
rights to appeal the pei7nit, including its ternls and conditions, and approved jttrisdictional determinaYions associated with the
pennit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal t1�e declined pei�ilit wider the Corps of Engineers Administrative Appeal Process by completing Secrioil Il of
this form and sending the form to the division engineer. This for�n must be received by the division engineer within 60 days
of thE date of this notice.
C: PERMIT DENIAL: YoLi may appeal the denial of a peirtnit under the Corps of Engineers Adnlinistrative Appeal Process by
completiug Section II of tl�is form and sending the fonn to the division eiigineer. This forin irnist 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
infoi7nation.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Coips 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 inay appeal the approved JD under the Coips of Engineers
Administrative Appeal Process by completing Section II of this form and sendii�g the form to the district engiileer. Tl�is fornl
inust be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATiON: You do not need to r-espond to the Corps regarding the
preliminary JD. The Pr-eliminaiy JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Coips district for fiirther ulshtiictio��. Also you inay �rovide i�ew ii�foi�rnation for fi►rther co�lsideration by the
Coips to reevaluat�e the JD.
SECTION II - REQU�ST FOR APP�AL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (De�scribe your- reasons for- appealing the decision or your objections to an initial
proffered pennit in clear concise statements. You nlay attacl� additioual iilforn�ation to this fot7il to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the ad�ninisri�ative record, the Corps memorandtun for the
record of the appeal conference or meeting, and airy si�pplei7lental inforniation that the review officer l�as detern�ined is needed to
clariFy the adnunistrative record. Neither the appellant nor the Coips may add new information or analyses to the record.
However, you inay provide additional infoi7nation to clarify the location of inforniation tl�at is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding tlus dccision and/or the If you only have questions regarding the appeal process you inay
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: #PM FULLNAME# CESAD-PDO
#PM_FIELD_OFFICE_ADDRESS# U.S. Ai-�ny Coips of �ngineers, South Atlantic Division
60 Fo►-sytl� Street, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signahire below grants the right of ent�y to Corps of Engineers �ersonnel, 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 opportuniry to participate in all site investi��ations.
Date: Telephone number:
Signature of a pellant or a�ent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Mr. Brad Shaver, 69 Darlington Ave, Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) _562-5137