20181349 Ver 1_JD Notification_20181220

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action T.D.: SAW -2016-01335 County: Yadkin, U.S.G.S. Quad: NC -EAST BEND
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: KCI Environmental Technologies and Construction, INC., Landmark Center 11
Address: 4601 Six Forks Road, Suite 220 Raleigh, North. Carolina 27609
Telephone No.:
Property description:
Size (acres): 36.92 Nearest Town: East Bend
Nearest Waterway: Hall Creek River Basin: Pee Dee
Coordinates: 36.2393, -80.5199 Hydrologic Unit Code: 03 040 101
Location Description: The site is located east of Shady Grove Road and West of Shoals Road near East Bend in Yadkin
County, NC at Coordinates: 36.2393, -80.5199
Indicate Which of the Following Apply:
A. Preliminary Determination
X 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 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 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 subj cot 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 and wetlands on the above described property 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 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 delineatiori 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 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 five years.
_ The waters and 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 property 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.

CF: Joe Sullivan, KCI Terchnologies, Inc., 4505 Falls of Neuse Rd. Suite 400, Raleigh, NC 27609
Janice and Steven Baity, 4341 Shady Grove Church Road, East Bend, NC 27018
Jaynes and Karen Smitherman, 3633 Shoals Road, East Bend NC 27018
Bryce and Deanna Smitherman, PO Box 167 Sea Level, NC 28577
Charles and Denise Smitherman, 4508 Shady Grove Church Road, East Bend, NC 27018
Roy Russell Jr, 1670 Jordan Drive, Winston Salern, NC 27105
Santos Pozo, 3046 Shoals Road East Bend, NC 27018
Jose Samuel Pozo, 2064 Aztec Drive, East Bend, NC 27018
Donald Gray Mathis, PO Box 671, East Bend, 27018
Clifford J. Powell, 2920 Davis Road, East Bend, NC 27018
3

E: PRELIMINARY 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 fiuther instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SW1 TON II - REQUEST FOR APPEAL or OBJECTIONS TO AN IVfMAI. PROFFERED PEST
REASONS FOR APPEAL OR OBJECTIONS: (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
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 information to clarify the location of information that is already, in the administrative record.
P(YDff Off` OONTACT FOR QUESTIONS OR UVORMATI GN:
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
William Elliott, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USAGE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room 1OMI 5
Asheville, NC 28801
Atlanta, Georgia 30303-8801
828-271-7980
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps 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
notice of any site investigation, and will have the opportunity to participate 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, Atha.: William Elliott, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, V.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

ATTACHMENTA
A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD)-^ J:,dW k.#Ot V -S- 3 V/ %
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Joe Sullivan, KCI Technoiogies Inc.
4W5 Fails of Neuse Rd. Suite 400, Raleigh, NC 27609
o
C. DISTRICT OFFICE, FILE NAME AND NUMBER: 133S'
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
East of Shady Grove Church Road and West of Shoals Road, Fast Send NC
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC
County/parish/borough: Yadkin
City: East Bend
Center coordinates of site (latAong in degree decimal format):
Lat. w2393 - °N; Long. -80.5199
Universal Transverse Mercator:
Name of nearest waterbody: Hall creek
°W
Identify (estimate) amount of waters in the review area:
Non wetland waters:
12,921 linear feet: s width (ft) and/or 1.78 acres.
Coward'€n ClaSS: Riverine
Stream Flow: Iriterrnlitent/Perennial
Wetlands: p-43 acmes.
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal: ��^------
1

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested; appropriately reference sources below):
❑✓ Maps, plans, plots or plat submitted by or an behalf of the
applicant/consultant: vicinity Map
QData sheets prepared/submitted by or on behaff of the
applicant/consultant.
Office concurs with data sheets/delineation report,
Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:.
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS s and 12 digit HUC maps
FU.S. Geological Survey map(s). Cite scale & quad name: 1:24K East Bend
❑ USDA Natural Resources Conservation Service Soil Survey.
Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:.
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
0 Photographs: 91 Aerial (Name & Date): 2014 NC Statewide Aeft Photographs or
❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
2

This preliminary JD finds that there "way be" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of bignati4and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
d/ the signature is impracticable)
4

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