20181291 Ver 1_B-4501 signed PJD tearsheet final_9/24/2018 10:46 AM

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-00991 County: Du lin U.S.G.S. Quad: NC-MOUNT OLIVE
Property Owner:
Address:
NOTIFICATION OF JURISDICTIONAL DETERMINATION
NCDOT-NEU, Eastern Manager
Chris Rivenbark
1598 Mail Service Center
Raleigh, NC 27699-1598
Agent: Ecological Engineering, LLP
Heather Smith
1151 SE Carv Parkwav, Suite 101
Carv, NC 27518
Size (acres) 11.56 Nearest Town Mount Olive
Nearest Waterway Northeast Cape Fear River River Basin Northeast Cape Fear
USGS HUC 03030007 Coordinates Latitude: 35.1862211470583
Longitude: -78.0488437225552
Location description: The proiect area is located southeast of Mount Olive where Rones Chapel Road (SR 1004)
crosses the NE Cape Fear River, Duplin Countv.
Indicate Which of the Following Auplv:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. We strongly suggest you 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 Corps. This preliminary
determination is not an appealable action under the Regulatory Program 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 district
far further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the
JD. Package dated Apri120, 2015, received July 6, 2015.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described project area 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 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 strongly suggest you have the waters of the U.S. including wetlands on your project area 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
delineation must 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 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
Page 1 of 2

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 Ciry, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the 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 and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or
Brad.E.Shaver(�a,usace.armv. mil.
C. Basis For Determination: The subject area exhibits wetland criteria as described in the 1987 Corps Delineation
Manual and the appropriate Regional Supplement. Additionally, the project area has the Northeast Cape Fear River
that exhibits an ordinary high water mark. Both resources drain to the North East Cape Fear River which becomes a
section 10 (navigable) water of the US.
D. Remarks: The site was field reviewed on 4/28/2015. Please refer to the package dated Apri120, 2015 and received
via email on July 6, 2015.
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. * *
Corps Regulatory Official:
Date: 7/7/2015
Expiration Date: N/A
cc: NCDENR-DWR attn: Mason Herndon
Ecological Engineering, LLP attn: Ed Hajnos
Digitally signed by SHAVER.BRAD.E.1276601756
DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, cn=SHAVER.BRAD.E.1276601756
Date: 2015.07.07 08:53:51 -04'00'
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: //re gulatory.usacesurve. .�.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Chris Rivenbark
NCDOT-N�U
Attached is: E
File Number: SAW-2015-00991 I Date: 7/7/2015
INITIAL PROFFERED PERMIT (Standard Permit or Letter of pei7lussi
PROFFERED PERMIT (Standard Peri��it or Letter ofpermission)
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section b�low
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C
0
0
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SECTION I- The following identities your rights and options regarding an adnunistrative appeal of the above decision.
Additional information may be found at htt�://���N�w.usace.army.miUMissions;CivilWorl<siRe�ulatoiyProgramanclPermits.aspx or
Corus t�e�ulations at 33 CFR Pat�t 331.
A: INITIAL PROFFERED P�RMIT: You may accept or object to the permit.
ACCEPT: If you received a Staildard Permit, you may sign t11e �emlit document a�7d retzin� it to t11e district engineer for final
authorization. If yo�t received a Lettec of Pernlission (LOP), you may accept tl�e LOP and your work is authorized. Your
sigi�ature on the Standard Permit or acceptance of th� LOP ineans that you accept the permit in its entirety, and waive all
rights to appe�al the permit, including its terms and conditions, and approved jui-isdictioi�al determivations associated witl� tl�e
pertnit.
OBJECT: lf you object to the penl�it (Standard or LOP) because of certain teniis and conditions tl7erein, you may request
that the perinit be modified accordingly. Yo�i inusY compleYe Secrion II of this foi7n and ret�u-n the form to the district
engineer. Yo�u 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 tl�e perniit in the fiirilre. Upon receipt of your letter, thc district engineer will evahiate yoiu
objections and may: (a) �modify tl�e pei7nit to address all of your concerns, (b) modify the pennit to address some of your
objections, ar(c) not modify the pernlit having detei7nined that the pern�it sl�o�ild be issued as previously written. After
evaluating yonr objections, the district engineer will send you � 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, yoti► may sign the �ermit doctiimei�t and r�hlrn it to the district engineer for final
a�ithorization. If you received a Letter of Permission (LOP), you may accept tl�e LOP and your wark is autharized. Yo�u�
signature on the Standard Peilnit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all
rights to appeal the permit, includin� its terms and conditions, and approved jurisdictional determinations associated with the
pei7nit.
• APPEAL: [f you cl�oose to decline t17e proffered permit (Standard or LOP) because of certain ten7ls and conditions tlierein,
yoii may appeal the declined pennit under Yhe Coips of Engineers Administrative Appeal Process by completing Section II of
this form and sending the farm 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 lI of this form and sending the fonn to the division engineer. This form mtiist 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 Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept tl�e approved JD in its entirery, and waive all rights to �ppeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the a�proved JD und�r the Corps of Engineers
Administrative Appeal Process by completing Sectiou II of tl�is form and sending the fonn to the district engineer. Tl�is form
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 Coips regarding tl�e
preliminary JD. The Prelinunary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for filrther ulstniction. Also yon may provide ilew ii�formation for further consideration by the
Coips to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFEItED PERMIT
REf1SONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You m�y att�ch additional information to this form to clarify where your reasons or
objections are addressed in the adininisn-ative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the adininistrative record, the Coips memorand�un for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the adininisnative record. Neither thE appellant nor the Corps niay add new infoi7nation or analyses to the record.
HowEver, you may provide additional information to clarify the locariou of information that is al�eady in the administrative
record.
PO1NT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
If you l�ave questions regarding this dccision and/or the If you only have quesrions regarding Yhe appeal process you may
appeal process yo�i may contact: also contact:
Distriet Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Brad Shaver CES�D-PDO
69 Darlington Ave U.S. Army Corps of Engii�eers, South Atl�ntic Division
Wilmington, NC 28403 60 Forsyth Street, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below gi-ants the right of entiy 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 be provided a 15 day
noiice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone numUer:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Brad Shaver, 69 Darlington Ave
Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinarions 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: [phone]