20181440 Ver 1_final signed PJD tearsheet_10/25/2018 2:05 PM

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-02055 County: Onslow U.S.G.S. Quad: NC-SNEADS FERRY
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Applicant: NCDOT-Division 3 Agent: SEPI
attn.: Mr. Mason Herndon attn.: Mr. Christouher Dustin
Address: 5501 Barbados Blvd. 5030 New Centre Drive Suite B
Castle Havne, NC 28429 Wilmin�ton, NC 28403
Size (miles) +/- 3
Nearest Waterway New River
USGS HUC 03020302
Nearest Town Sneads Ferrv
River Basin Onslow Bav
Coordinates Latitude:34.5584603011032
Longitude: -77.4113648433234
Location description: The proiect area stretches approximatelv 3 miles down Hwv 172 startinS at Hwv 172 and NC
210 and headin� east toward the New River terminating iust before the high rise brid�e, Sneads Ferrv, Onslow Countv.
Indicate Which of the Followin� Auply:
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/ar 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 deternunation 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 deternunation 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 determination 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.
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SAW-2015-02055
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/ar RHA
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
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, 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 wark 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: The subject area contains both wetlands, as described in the 1987 Corps Delineation
Manual and the appropriate Regional Supplemen,t and tributary features that possess an ordinary high water mar/�
D. Remarks: The site was originally visited in September of 2015.
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Date: Januarv 13, 2017 Expiration Date: None PJD
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.miUcm_apex/f?p=136:4:0.
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT
Attached is: E
File Number: SAW-2015-02055 � Date: Januarv 13, 2017
INITIAL PROFFERED PERMIT (Staudard Pei7nit or Letter of pernlissi
PROFFERED PERMIT (Standard Permit or Letter of permission)
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATTON
See Section below
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SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional �infor�i�ation may be found at http:/iw-wtiv.iisace.army.mil/MissionsiCivilWoi•lcsiRe ��� latoryProgramandPermits.�ispa or
Coros 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 inay sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Pennission (LOP), you inay 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, includnig its terms and conditions, and approved jurisdictional deteriuinations associated with the
permit.
OBJECT: If you object to the perilzit (Standard or LOP) because of certain terms and conditions therein, you may request
that the pernlit be modified accordingly. You mcist complete Section II of this fonn 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 pernlit in the future. Upon receipt of your letter, tl�e district engineer will evaluate your
objections and may: (a) modify the perinit to address all of your concenis, (b) modify the pennit to address soine of your
objections, or (c) not modify the permit having deteimined that the pernlit should be issued as previously written. After
evahiating your objections, the district engineer will send yoLi a proffered permit for yotiu reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept ar ap�eal the pennit
• ACCEPT: If you received a Standard Peiniit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Perniission (LOP), you may accept the LOP and your wark 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 pernut, including its terins and conditions, and approved jurisdictional deterininations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
yott may appeal the declined pernlit under the Coips of Engineers Administrative Appeal Process by completing Section II of
this form and sending the for�n to the division engineer. This form must be received by the division engineer within 60 days
of the date of tlus notice.
C: PERMIT DENIAL: You may appeal tl�e denial of a permit under the Corps of Engineers Adininistrarive Appeal Process by
completing Section Il of t1�is form aud sending the fonn 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
inforination.
• ACCEPT: You do not need to notify the 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 with the approved JD, you inay appeal the approved JD under the Coips of Engineers
Administrative Appeal Process by completing Section II of this form and sending the forni to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
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SAW-2015-02055
E: PRELIMTNARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for fiirther instniction. Also you may provide new infoi7nation for further consideration by the
Coips 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 penizit in clear concise statements. You i�ay attach additional infonnation to this foi7n 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 suppleinental 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 infornlation to clarify the location of infoi7uation that is already in the admu7istrative
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 Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Brad Shaver CESAD-PDO
69 Darlington Ave U.S. Army Coips of Engineers, South Atlantic Division
Wilmington, NC 28403 60 Farsyth Street, Room l OM 15
Atlanta, Georgia 30303-8801
Pl�one: [phone]
RIGHT OF ENTRY: Your signari�re below grants the right of entry to Coips of Engineers personnel, and any government
consultants, to conduct investigations of the projeet site during tl�e eourse of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opporttiinity to �articipate in all site investigations.
Date: Telephone nuinber:
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 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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