20171145 Ver 1_final signed Br 142 SR 1534 PJD_20170816

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-01722 County: Onslow Countv U.S.G.S. Quad: Hollv Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: NCDOT-Division 3
Attn: Mr. Mason Herndon, Env. Program Supervisor
Address: 5501 Barbados Blvd.
Castle Havne, NC 28429
Size (acres) +/- 1 Nearest Town Hollv Ridge
Nearest Waterway Onslow Bav River Basin Onslow Bav
USGS HUC 03020302 Coordinates Latitude: 34.4941627100321
Longitude: -77.5161638092627
Location description: The uroiect area is located alon� SR 1534 (Hollv RidEe Road) near Hollv Ridge where Br
142 crosses an unnamed tributarv of Kings Creek, Onslow Countv.
Indicate Which of the Followin� Auulv:
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/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 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 deternunation 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
Page 1 of 2

SAW-2017-01722
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or 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 ar 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 Marehead 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 and/or 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 area possessed both wetlands as described in the 1987 Corps Delineation Manual
and had features that possess an ordinary high water mark.
D. Remarks: This determination was completed as a desktop. The map of record is attached.
SHAVER.BRAD.� DigitaltysignedbySHAVER.BRAD.E.1 2 76601 7 5 6
� DN:c=US,o=U.S.Government,ou=DoD,ou=PKl,
1276601756 ou=USA,rn=SHAVER.BRAD.E.1276601756
Corps Regulatory Official: °ate:Z°,'.°8.,6,5:55:4,-°'�°°�
Date: Au�ust 16, 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.
Copy Furnished:
NCDEQ-DWR attn: Ms. Joanne Steenhuis
Page 2 of 2

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT-Divisio�l 3 File Numbe�: SAW-2017-01722 Date: August 16, 2017
Attached is: E
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
PROFFERED PERMIT (Standard Pei7nit or Letter of pei-�nissic
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 reg�rding �n administrative appeal of the above
decision. Additional infonnation may be found at http://www.usace.ai-m_y.mil/inet/fiulctions/cw/cecwo/reg or
Corps re�ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign fl1e pernlit doctmient and return it to the district engineer for final
authorization. lf you received a Letter of Pei7nission (LOP), yott may accept the LOP and your wark is audlorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the pei-�nit in its e�7tirety, ancl waive all rigllts to appeal the
permit, including its terms and co��ditions, and approved j�u•isdictional deter�niilations associated with the permit.
OBIECT: If you object to the pennit (St�ndard or LOP) because of certain terms and conditions therein, you may request th�t the
}�ennit be modified accordingly. You �nust complete Section II of this fornl 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 appea]
the permit in tl�e fut«re. Upon receipt of your letter, the dish•ict engineer will evaluate yo«r objections and may: (a) modify the
pennit to address all of your conce�lls, (b) modify the permit to address soil�e of your objections, or (c) not modify the pernlit
having detea-mined that the pennit should be issued as previously written. After evaluating yom• objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B Uelow.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign tl�e permit document and rehtrn it to the district engineer for final
authoi-ization. If you received a Letter of Pei�nission (LOP), you in�y accept the LOP and your work is authorized. Your signahire
on the Standard Pern7it or acce}�tance of the LOP means tl�at you accept the pennit in its entirety, and waive all rights to appeal the
pennit, includin� its tenns and conditions, and approved jurisdictional detei177inations associated with tl�e pern�it.
• APPEAL: lf you choose to decline the proffered pernlit (Standard or LOP) because of certain tenns and conditions therein, you
may appeal the declined permit under the Coips of Engineers Administrative Appeal Process by coinpleting Section II of this forni
and sending the form to the division engineer. This forni must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You inay appeal the denial of a permit under the Corps of Engineers Adininistrative
Appeal Process by completing Section II of this forin and sending the form to the division engineer. This fonn
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 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 in its entirery, and waive all rights to appeal the approved JD.
APPEAL: lf you disagree witl� the approved JD, you may appeal the approved JD under the Coips of Engineers Administrative
Appeal Process by completu7g Section II of this form and sending the form to the division engineer. This farm mList be reeeived by
the division engineer within 60 days of the date of this notice.
Page 3 of 2

SAW-2017-01722
E: PRELIMINARY JLJRISDICTIONAL DETERMINATION: You do not need to respond to the Corps
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 yoLu- 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 admiiustrative record, the Corps
meinorandum for the record of the appeal conference or ineeting, 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 itlformatioi� or analyses to tl�e record. However, you n7ay provide additional infoi-mation to clarify
the location of information that is already in the administrative i�ecord.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you havc questions regarding this dccision and/or the If you only have questions regarding tll� appe�l process you may
appeal process you inay contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Brad Shaver CESAD-PDO
69 Darlington Ave U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403 60 Forsyth St�-eet, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Coips of Engineers personnel, and any government
cousultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice oF an site investigation, and will have the o artunity to artici ate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
FoY appeuls o�� Initial Prof'fered Pery�iits sen�l tlzis fovni to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Per»zit denials, Proffered Per�nits and Approved Jurisdietio�zal Deter�niizations 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 lOM]5, Atlanta, Georgia 30303-8801
Phone: [phone]
Page 4 of 2