SAW-2018-01184-PJDletter1.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01184 County: Moore Countv U.S.G.S. Quad: Southern Pines
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
NCDOT Division 8
Greg Davis
902 N. Sandhills Blvd.
Aberdeen, North Carolina 28315
910-944-2344
Size (acres) 125 (approximate)
Nearest Waterway Aberdeen Creek
USGS HUC 03040203
Nearest Town Aberdeen/Pinehurst
River Basin Lower Pee Dee
Coordinates Latitude:35.151844
Longitude: -79.450769
Location description: The uroiect site is located alon� NC 5 from US 1 in Aberdeen to Trotter Drive/Drake
Boulevard, in Pinehurst, Moore Countv, North Carolina and is identified as TIP U-5756 (see attached Preliminarv JD
form, including 10 mau pages).
Indicate Which of the Followin� Applv:
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 Harbars 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.
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SAW-2018-01184
_ 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. 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 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 deternunation 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 deternunation 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 [phone] to
deternune 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 Andrew Williams at
(9191 554-4884 or Andrew.E.Williams2(a�usace.armv.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: Based on a desk review and site visit conducted by USACE on July 12, 2018
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 identiiied 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 Information for Approved Jurisdiction Determinations (as indicated in section s. above)
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

SAW-2018-01184
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 Not Applicable.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. �� DigitallysignedbyWILLIAMS.ANDREW.E.1244561655
��� DN: r—US, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, cn-WILLIAMS.ANDREW.E.1244561655
CoYps Regulatoly Offlcial: oace:zo,s.m.,e,a:asas-oa�oo�
Date: Julv 16, 2018
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=13 6:4:0.
Copy Furnished (via email):
Jeff Harbour
Environmental Services, Inc.
4901 Trademark Drive
Raleigh, NC 27610
Art King
NCDOT Division 8
902 North Sandhill Boulevard
Aberdeen, North Carolina 28315
April R. Norton
Environmental Senior Specialist
Transportation Permitting Unit
Division of Water Resources
NC Department of Environmental Qualitv
512 North Salisburv Street, 12th Floor (phvsical)
1617 Mail Service Center (mailing)
Ralei�h, NC 27699

SAW-2018-01184
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicallt: Greg Davis NCDOT Division 8 File N�m�bel': SAW-2018-01184 Date: Julv 16, 2018
Attached is:
INITIAL PROFFERED PERMIT (Standard Peimit or Letter of
PROFFERED PERMIT (Standard Pennit or Letter of permissio
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
ion) A
B
C
D
E
SECTION I- The followii�g idei7tifies yo�ir rights and options regarding an adininistrative ap�e�l of the above decision.
Additional infoi7nation may be found at httE�:%i'�v��vw.us<ice.annv.milr'Missicros!CivilWorks/Re�rulatoryPi-ograma�ldPermits.as� or
Corns 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 Pertnit, you ulay 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 tl�e LOP and your work is authorized. Your signature
on the Standard Pei�nit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to �ppeal tl�e
pennit, including its terms and conditions, ancl approved jurisdictional determinarions associated with the permit.
OB7ECT: If you object to the perinit (Standard or LOP) because of certai�� ter�r�s and condirions tl�erein, you inay request that the
permit be modified accordingly. You must complete Section II of this foi7n and return the fonn to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of tl�is notice, or you will forfeit your ri�lit to appeal
the permit in the fuhire. Upon receipt of your letter, tl�e district engineer will evaluate your objections and inay: (a) modify tl�e
permit to address all of your coucerns, (b) modify the permit to address some of your objections, ar(c) not modify the pernvt
having determii�ed that the permit should be issued as previously written. After evaluating your objections, the dist�-ict engineer
wil1 send you a proffered pennit for your reconsiderarion, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the pennit
• ACCEPT: If you received a Standard Permit, you may sign the pern�it document and return it to the district engineer for final
authorization. Tf you received a Letter of Permission (LOP), you may accept the LOP and your worl< is authorized. Your signature
on the Standard Pei�nit or acceptance of fl1e LOP ilieai�s that you accept tl�e per�nit in its entirety, and waive all rigl�ts to appeal the
perniit, incltiiding its terms and coi7ditions, and approved jurisdictional detei-�ninations 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 campleting Section II of this form
and sending the form to the division engineer. This form must be received by the division engineei- 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 fornl 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 infonnation.
• 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
fliis 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 Coips of Engineers Administrative
Appeal Process by completing Section Ii of this form and sending the form to tlle division engineer. This forin inust be received by
the division engineer within 60 days of the date of this notice.

SAW-2018-01184
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Coips
regarding the preliminaiy JD. The Preliminary JD is not appealable. If you wisll, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instniction. Also you may provide new
information for further considei-ation by the Corps to reevaluate the JD.
SECTION Il - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (DescriUe your reasons for appealing the decision or your
objections to an initial proffered perinit in clear concise statements. You may attach additional information 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 Coi-ps
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 provide additional infoi-�nation to clarify
the location of inforination that is already in the adininistrative record.
POINT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
If you have questions regarding this decision anc(/or the If you only have questions rcgarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative A�peal Review Officer
Attn: Andrew Williams CESAD-PDO
3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587 60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of ent�y to Coips of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will Ue provided a 15 day
notice of an site investiQation, ancl will have the o ortuni to artici ate in all site investi arions.
Date: Telephone number:
Signat«re of appellant or agent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army �ngineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-S137