20180464 Ver 1_PJD Signed by USACE_20180402

Action Id. SAW-2013-01322
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Person U.S.G.S
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NC-OLIVE HILL
NOTIFICATION OF JURISDICTIONAL DETERMINATIO ;: ' ' �
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Property Owner: NC Department of Transportation
GregorV Thorpe
Address: 1598 Mail Service Center
Raleigh, NC, 27699-1598
Telephone Number: 919.707.6151 (Deanna Riffey)
Size (acres) N/A Nearest Town Roxboro
Nearest Waterway Richland Creek River Basin Lower Dan. North Carolina, Virginia.
USGS HUC 3010104 Coordinates Latitude: 36.41795
Longihide: -79.09931
Location description: TIP B-5322, Bridge No. 51 over Richland Creek, o►i SR 1343, John Brewer Road, east of
Roxboro, North Carolina.
Indicate Which of the Followin� Apply:
A. Preliminary Determination
X Based on prelinunary information, there may be waters of the U.S. on the above described project area. We sh�ongly
suggest yoti have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Coips. This prelinunary determination is not an
appealable action under the Regulatory Program Adminish�ative Appeal Process (Reference 33 CFR Part 331). If you
wish, you may request an approved JD (which may be appealed), by contacting fl1e Corps dish�ict for further instruction.
Also, you inay provide new information for further consideration by the Coips to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within flie above described property 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 deternunation 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 property subject to the pernut requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a cl�ange in the law or our published
regulations, this determination inay be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you l�ave the wetlands on your property delineated. Due to the size of your property ana/or our
present workload, the Coips 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 Coips.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Coips. We strougly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Coips. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jiu�isdiction on your property which, provided tl�ere 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 Coips Regulatory Official identiiied 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 fi-om 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 flle
pemiit 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 deternunation may be relied upon for a period not to exceed five years fi�om the date of this
notification.
Page 1 of 2

Placement of dredged or fill material within waters of the US and/or wetlands without a Deparhnent of the Army pernut may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
deternunation and/or the Corps regulatory program, please contact Eric Alsmever at 919-554-4884 x23 or
Eric.C.Alsmever(a�us ace. army. mil.
C. Basis For Determination: The project study area contains stream channels of of Richland Creek and
unnamed tributaries, with indicators of ordinary high water marks (no wetlands). Richland Creek is a
tributary of Hyco Lake, a Traditional Navigable Water.
D. Remarks: This JD was confirmed by desktop review. The drawing on the attached Figure 2,
"Jurisdictional Features", submitted on 5/15/13, generally depicts the jurisdictional waters of the US within
the subject study area.
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.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
Corps Regulatory Official: C
Date: Julv 23, 2013 Expiration Date: Julv 23, 2018
The Wilmington District is comrnitted to p�•oviding the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Su�vey or visit http://pef•2.n�.usace.armv.mil/surve .y htnal to
complete the survey online.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NC Department of' Transpo►•tation rile Number: SAW-2013-01322 Date: July 23, 2013
Gre or � Thor e
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of ei7nission) A
❑ PROFFERED PERMIT (Standard Pennit or Letter of perniission) B
❑ PERMIT DENIAL c
❑ APPROVED JURISDICTIONAL DETERMINATION D
� PRELIMINARY JURISDICTIONAL DETERMiNATION �
SECTION I- The following idei7tif es yotu- rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http•//www usace ai7ny.mil/inet/functions/cw/cecwo/re� or
Co s 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 Pennit, you may sign the pennit document and rehirn it to the district engineer for final
authorization. If you received a Letter of Pei7nission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Pennit or acceptance of the LOP means that you accept the pemiit in its entirety, and waive all
rights to appeal the pei7nit, including its ternls and conditions, and approved jurisdictional detei7ninations associated with the
pernlit.
• OBJECT: If you object to the pei7nit (Standard or LOP) Uecause of certain tenns and couditions therein, you may request
that the pei711it be modified accordingly. You must complete Section II of this forni and return the foi-�n 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 pennit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the pennit to address all of your concerns, (b) modify the pei7nit to address sonie of your
objections, or (c) not modify the perniit having determined that the pennit should be isst►ed 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 petmit
• ACCEPT: If you received a Standard Pet•mit, you may sign the pennit document and return it to the district engineer for final
authorization. If you received a Letter of Pei-�nission (LOP), you may accept the LOP and your work is authorized. Your
signature ou the Standard Pei7nit or acceptance of the LOP means that you accept the pernlit in its entirety, and waive all
rights to appeal the pennit, including its terms and conditions, and approved jurisdictional deternlinations associated with the
pernlit.
• APPEAL: If you choose to decline the proffered pei7nit (Standard or LOP) Uecause of certain ternls and conditions therein,
you may appeal the declined peiniit uilder the Corps of Engineers Adtninistrative Appeal Process by completing Section II of
this foi-�n and sending flle foi7n to the division engineer. This fornl 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 pemlit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this fon11 aud sending the foi-�n to the division engineer. Tl�is fo�7n 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 ar provide new
inforniation.
• ACCEPT: You do not need to notify tile Coips 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: If you disagree witl� the approved JD, you may appeal the approved JD under the Coips of Engineers
Administrative Appeal Process by completing Section II of this fornl and sending the fonn to the district engineer. This forni
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 Preliminlry JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for fin•ther instruction. Also you may provide new inforniation for fiirther 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 your reasons for appealing the decision or your objections to an initial
proffered pernlit in clear concise statements. You may attach additional infoi7nation to this fonn 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 infornzation that the review officer has detern�ined is needed to
clarify the admiilistrative record. Neither the appellant nor the Coips may add new infornZation or analyses to the record.
However, you may provide additional information to clarify the location of infoi7nation that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulato�y Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Eric Alsmeyer CESAD-PDO
US Army Corps of Engineers, Wilmington District U.S. Ai7ny Coips of Engineers, South Atlantic Division
Raleigh Regulatory Field Office 60 Foisyth Street, Room 1OM15
3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801
Wake Forest, NC 27587 Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers persomlel, and any govenunent
consultants, 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 investi ation, and will have flle o ortunity to artici ate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Profferecl Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Eric Alsmeyer, 69 Darlington Avenue, Wilmington,
North Carolina 28403

Legend
Streams
B-5322 Study Area
Figure �a A��NapTH�.qo
Jurisdictional Features 4—T-� � ���, ;�' ^�,--�� N `�
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B-5322 q °
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Nrbq� �Q�?
�^�'OFTPP�9
Person County
Replace Bridge No. 51 on SR 1343 over Richland Creek
RECEIVED
o � oo Zoo 40o soo MAY 15 1013
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ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM � "s3��'
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY
JURISDICTIONAL DETERMINATION (JD): ?�d231�OJ3
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Deanna Riffey, NCDOT,
1598 Mail Service Center
Raleigh, NC 27699-1598 �� ���h ,��
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-
/lJ`c p �T.�TIP 8 ���.SR (3y3..s�►n 13�'��r-�Rsl ��0��3 - 813a�.
D. PROJECT LOCATION(S) AND BACKGROUND INFORMAT�ON:
TIP: B-5322 Desciption: Bridge replacement on SR 1343 (John Brewer Rd)
over Richland Creek in Person County, NC ; 8R S�
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:North Carolina County/parish/borough: Person City: Roseville
Center coordinates of site (lat/long in degree decimal format):
Lat. 36.417933°N, Long. -79.099301°W, Universal Transverse Mercator:
Name of nearest waterbody: Richland Creek
Identify (estimate) amount of waters in the review area: See a�.
Non-wetland waters: 880 linear feet: 2-25 width (ft) and/or acres.
Cowardin Class: Riverine
Stream Flow: Perennial/Intermittent
Wetlands: acres. Iv`Bnc
Cowardin Class: NCWAM Type:
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): 3 �/3
[�Office (Desk) Determination. Date: �7�a�
❑ Field Determination. Date(s):
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 doe� 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 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, as soon as is practicable.
This preliminary JD finds that there "may be"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 information:
2

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: NC DOT.
� 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 name:1:24,000 :New
Hill.
,� USDA Natural Resources Conservation Service Soil Survey
��etrn#y .
� National wetlands inventory map(s). Cite name: (,�s •
❑ State/Local wetland inventory map(s): .
❑ FEMA/FIRM maps: .
Citation: �'��b Soi/Sa�v�.�
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
�, Photographs: � Aerial (Name & Date):Wake sid 08, 2005.
or ❑ Other (Name & Date): .
❑ Previous determination(s). File no. and date of response letter: .
❑ Other information (please specify): NCDWQ Wetland Rating Sheet.
IMPORTANT NOTE: The information recorded on this form has not
necessarilv been verified bv the Corps and should not be relied upon for
later iurisdictional determinations.
G.�,u C 7 �3 /3
Signature and dat f
Regulatory Project Manager
(REQUIRED)
3
.7.�a.,u� ��� 4/7S/13
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Estimated
amount of
Site Latitude Longitude Cowardin aquatic Class of aquatic
number Class resource
resource in
review area
Richland 36.4180Y�1 -79.09931IV Riverine 266 feet nonsection 10 nonwetland
Creek
SA 36.41849� - 79.4177�1 Riverine 143 feet nonsection 10 nonwetland
SB 36.41719V -79.0968`N Riverine 334 feet nonsection 10 nonwetland
SC 36.4178`N -79.0094�1 Riverine 142 feet nonsection 10 nonwetland
`N - 9111 acre(s) section 10 - tidal
`N - 9IV acre(s) section 10 - tidal
9�1 - 1IV acre(s) section 10 - tidal
`N - �l1/ acre(s) section 10 - tidal
`N - �l1/ acre(s) section 10 - tidal
9�1 - �IV acre(s) section 10 - tidal
9�1 - �111 acre(s) section 10 - tidal
9�1 - �IV acre(s) section 10 - tidal