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Home My WebLink About20180712 Ver 1_saw-2014-01312 JD_20180523U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I.D.: SAW-2014-01312 County: Mecidenbur� U.S.G.S. Quad: 1�[C-Derifa NOTIFICATION OF JURISDICTIONAL DETERMINATION (`';I,i��.� r�n�'iti ��_� Property Owner/Agent: Issac Hinson(City of Charlotte) ��..•� -��-- Address: 600 East Fourth Street Charlotte, North Carolina 28202 Telephone No.: 704 336 4495 Property description: Size (acres): 15 acres Nearest Town: �k�a�[a�t�'�a�11 �.� �'j. Nearest Waterway: Toby Creek River Basin: Upper Pee Dee Coordinates: 35.283704N, -80.752596W Hydrologic Unit Code: 30401d5 Location Description: The site is located On West Rocicy River Road at Coordirzates 35.283704N, -80.752596W indicate Which of the Failowins A�vjv: A. Preliminary Determination _ Based on preliminary information, there may be waters and wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Deparhnent of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Pro�am Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps distr�ct for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. 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 and Section 404 of the Clean Water Act. Unless ttzere is a chauge 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 and wetlauds on the above described property subject to the pertnit 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 strongly suggest you have the waters and 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 final, any deliueation must be verified by the Corps. X The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA 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 f ve years. The watexs and wetlands h�ave been deliueated and surveyed and are accurateFy depicted on the plat signed by the Corps Regulatory D�cial identified belaw on . Untess there is a chauge in the law or our published reguiatioos, this determinaiion may be reIied upon for a period nat 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 property which are subject to the pemut requirernents 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. Action Id.: SAW-2014-01312 • Placement of dredged or fill material within waters of the US and/or wetlands without a Departme�t of t�e 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 andlor the Corps regulatory program, please contact Wil[iam �lliott at $�8-271-79$0. C. Basis For Determination There are stream channels located on the properiy that exhibit indicators of ordinary high water marks. The stream channel on the properiy is known as Toby Creek which flows into the Upper Pee Dee River. Yadldn River joins the Uwharrie River to form the Pee-Dee River. Pee Dee River enters the Atlantic Ocean through Winyah Bay in South Carolina. So drainages in Iredell, Rowan, and Willces drain to Yadkin R.iver (before iYs confluence with Uwharrie River). Drainages in Cabamis, Mecklenburg, Stanley, and Union drain to Pee-Dee R.iver. D. Remarks: Jurisdictional waters; Streams 1,013 linear feet, 4-20 feet wide . E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particulaz 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 Itesources Conservation Service, prior to starting work. F. AppealS Infol'mation (This information applies only to approved jurisdictional determinations as indicated in B. above) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA fornn to the following address: US Army Corps of Engineers South Atlantic Division Attn: 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 within 60 days of the issue date below. **It is not necessary to submit an RFA form to the Division O�ce if you do not object to the determination in this conespondence. * * Corps Regulatory Official: WiIliam E!i'ott Issue Date: Seotember ZSt 2014 Expiration Date: September 24. 2019 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 Sarisfaction Survey located at our website at http:llpei'1.nv�.usace.army.millst�rvey,html to complete the survey online. CF: D. David Homans, S&ME, INC., Southern Pine Blvd., Charlotte, NC 28273 �"5 ° . �:� ) >�.�� ' r .r ��`��,��(�1�.��'�?�,'� ��.�` �:��`+�.��'�`�'�� i�� 1•�,.� �''�l�(`�'. ta�7 .�.�'+��'�' ` . + : � "" . ��yry�!r�-{ `yyqyI k � r ' � �� 3,��6.6.�f -.� � � S � F l� ��. z � ( _: � J ...n r 4 f.,h .._ �i .1�.1 '�.X � < i�� 4 ✓ i( '.i .) . ., _ , ,. .. . ... . . . . . r.. . . _�-.... . .A. :>v .: . :e.�: n r , .� s. . . �. ;... .... .Y"'. , Applicant: Issac Hinson(City of Charlotte) File Number: SAW-2014- Date: September 25, 01312 2014 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A PROFFERED PERMIT Standard Permit or Letter of ermission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JTJRISDICTIONAL DETERMINATION E S�CTI�f}N I� T�e fallouving ia�e�tifies yo�1r rights ar�d aptions regardir�g an ad�nirustraiiv�e a�apeal of t�e above deei�iai�. Additian�l i�i�rcnacia�a a�aay be found at ht� :Ifv��w.�asace.ari� .zn�ll��Vh�lPa eslreg materials.a� x ax Co s re ul�.�ians at 33 C�R 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 disfiict 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 i•equest 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 of your letter, the district engineex 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 detemuned that the penmit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit 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. 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 pemut in its entirety, and waive alI 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 pemut under the Corps of Engineers Administrative Appeal Process by eompleting 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 permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the fornt to the division engineer. This form must be received by the division engineer within 60 days of tbe 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: If 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 NRISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appeaiable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instru�tion. Also you may provide new information for further consideration by the Corps to reevaluate the JD. S��'�'�C?T�I II r RE �ST �(?� A,PPEA,L car OBJi�eTIC��iS TC3 AN �TIAIs FR.O��RED P��MIT REASONS FOR APPEAL OR OSJECTIONS: (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 rec�re! of t1.ie appeal �onfcrence or m€�tir�g, and arry su�pler�tentaf iratorr�tatian th�.t the review �FFicer has dece�rnined is needed to clasify the administrati�e rec.aa�d. Neither the appeLf�nt nor tf�e Cmrps may add nawr infoa-rnation or analyses ro lhe recc�rd. However, you may provide additional information to clarify the location of inlqrcnatiran tai�tt i� already in the administr�tive record. �vx�T o� co��r�c r r{ o�. Q�Es�.�a�� o� �r�Fc��aN: If you have questions regarding this decision and/or the appeal process you may contact: William Elliott, Project Manager USACE, Asheville Regulatory Field O�ce 151 Patton Ave RM 208 Asheville, NC 28806 828-271-7980 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review dfficer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govetnment consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 8 5 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: of at�pellant or Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: l�iv�simn E�gineer, Co�t►xnander, U.S. Army �ngineer �fivisioa�, 5��eth Atlantie, Attn: Mr. Jason Sfeele, Administr�ative Appca� �fficer, CCS.±�ID,PDO, G�a Tarsyth �tr�et, fto�m 101YI15, Atlanta, Georgia 30303-8801 PhAne; (4�0�� 562-5��7 0