signed U 5863 PJD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02420 County: New Hanover Countv U.S.G.S. Quad: Castle Havne
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant: NCDOT-Division 3
Attn: Mr. Mason Herndon, Env. Pro�ram Manager
Address: 5501 Barbados Blvd.
Castle Havne, NC 28429
Size (acres) +/- 200 Nearest Town Wrightsboro
Nearest Waterway Ness Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.2885196990789
Longitude: -779245461012431
Location description: The uroiect (U-58631 is located along Castle Havne Road between I-140 (north) and Martin
Luther Kin� Parkwav (south) iust north of Wilmington, New Hanover 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. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
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SAW-2017-02420
reviewed and verifed 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 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: N/A. An Approved JD has not been completed.
D. Remarks: The site was field verified with NCDOT and DEQ on 9/6/2018.
�� Digitallysignedby
MATTHEWS.MONTE.K.1284867633
DN: r—US, o=U.S. Government, ou=DOD,
//j/'� ou=PKl, ou=USA,
`R Date:2018.10.170O7N9:32'04'0067633
Corps Regulatory Official:
Date: October 16, 2018 Expiration Date: None
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.arm,y.mil/cm_apex/f?p=136:4:0.
Copy Furnished:
NCDEQ-DWR attn: Ms. Joanne Steenhuis
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicarlt: NCDOT-Division 3
Attached is: E
File Numbe�: SAW-2017-02420 I Date: October 16. 2018
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
PROFFERED PERMIT (Standard Pei7nit or Letter of pei-�nissic
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMiNAT10N
See Section below
ission) A
B
C
D
E
SECTION I- The following ide�ntifies yotu rights and options regarding an administrative appe�l of the above decision.
Additional infoi7nation may be fotmd at htt��: ���,�w���.u�ace.<ar-mv.miUMissii�nsiCivil WorL:siRe�ulatol-vl'ro�r�mandPer�uits.aspr or
Coros re�ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You rnay accept or object to tl�e perinit.
• ACCEPT: If you received a Standard Perinit, you may sign the pernut document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Pern�it or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the
pern�it, including its terms and conditions, and approved jurisdictional detenni»ations associated with the permit.
OB7ECT: If you object to the permit (Standard or LOP) because of certain terins and conditions therein, you inay request that the
permit be modified accordingly. Yotii nnist complete Sectior� II of this form and return the form to the district engineer. Your
oUjections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your rigl�t to appeal
the perrnit i�� the future. Upon receipt of your letter, the district e�ngineer will evaluate youi- objections and inay: (a) modify the
pen�it to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined tl�at the permit sllould be issued as previously written. After evaluating yoiu- objections, the district engineer
will send you a proffered pei-�nit 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 Per�nit, you may sign tl�e permit document and return it to the district engineer for final
authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is autl�orized. Your signature
on the Standard Permit or acceptance of the LOP means tl�at you accept the pei7l�it in its entirety, and waive all rights to appeal the
pernvt, including its Yenns and conditions, and approved jurisdictional detet7ninations associated witl� tl�e permit.
APPEAL: If you choose to decline tl�e proffered permit (Standard or LOP) because of certain tenns and conditions therein, you
may appeal tl�e declined permit under the Coips of Engineers Administrative Appeal Process by completing Section II of this form
and sending the foi7n to the division engineer. Tl�is for�1� must be received by the division engineer within 60 days of the date of
tl�is norice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Coips of Engineers Administrative
Appeal Process by completing Section II of this fonr� 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.
D: APPROVED JCTRISDICTIONAL 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
fl�is notice meai7s that you accept the approved JD in its entirery, and waive all rights to appeal the approved JD.
• APPEAL: If you dislgree with the a�proved JD, you may appeal the approved JD Lmder the Corps of Engineers Administrative
Appeal Process by completing Secrion II of this form and sending the form to the division engineer. This form must be received by
the division engineer witl�in 60 days of the date of this notice.
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SAW-2017-02420
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.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations 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]
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