20181736 Ver 1_JD_SAW-2017-01091_20181226

U.S. ARMY CORPS OF ENGINEERS
WILMIN61'ON DISTRICT
Action ID: SAW -2017-01091 County: Jackson U.S.G.S. Quad: Glenville
NOTIFICATION OF JURISDICTIONAL, DETERMINATION
Property Owner. CreekStone, PLLC 1 Attn.: Ronnie Dilbeck
Address: 132 BiueberrN Lane
Franklin, NC 28734
Telephone Number: 828-2004585
Size (acres): 6.09 Nearest Town: Cashiers
Nearest Watenvay: UTs Norton Creek Coordinates: 35.13593 N. 83.17418 W
River Basin' HUC: Tuckase ee 06010203
Location description: The site is located on a tract of land (PIN 7553-20-63761 at 1749 Yelloir Mountain Road in
Cashiers, Jackson County. North Carolina.
Indicate Which of the Following:
A. Preliminan• Determination
There are waters, including wetlands, on the abos a described project area. that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC 5 1344) andror Section 10 of the Rivers and Harbors Act (RHA) (33 USC a 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 Prop -ram
Administrative Appeal Process (Reference 33 CFR Part 33 l). 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 y 1344) and or Section 10 of the Rivers and liarbors Act (RHA) (33 USC y 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 sufficienth 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 j 403) and 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.
_ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 40.1 of the Clean Water Act (CWA)(33 USC § 13344). 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.
The Haters ofthe U.S. including wetlands on your project area have been delineated and the delineation has been
4erified by the Corps_ If you %ish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey NN ill provide an accurate depiction of all areas subject to CWA and'or RHA

jurisdiction on your property which, provided there is no change in the law or our published reo_ulations. 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 13.34). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed ti►e rears from the date of this
notification.
_ The propert) is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and or wetlands without a Department of the Arm) permit ma}
constitute a violation of Section 301 of the Clean Water Act (33 USC 3 1311). Placement of dredged or till 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 Q and or 10 of the Rivers and Harbors Act (33 USC § 401 and or 4031). If
you have any questions regarding this determination and or the Corps regulaton program, please contact David Brown at
828-271-7480, ext- 4232 or dayid.w.bro% n(d usace.arm)..mil.
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S., at this site, were verified on-site by the Corps on Januar 9, 2018 and are as
approximately depicted on the attached Aquatic Resource Map - Kenjack Farms. L1.C, surveyed by Aaron Garrett Land
Surveying, P.C., and submitted by CreekStone, PLLC.
E. Attention USDA Program Participants
This delineation determination has been conducted to identifi the limits of Corps Clean Nater Act jurisdiction for the
particular site identified in this request. The delineation,detennination ma) not he 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 detennination from the local office of the
Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
K. above)
This correspondence constitutes an approved jurisdictional determination for the above described site, if you object to
chis determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Fnclosed you
►►III 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 follox►ing address:
US Army Corps ofFngineers
South Atlantic Di►ision
Ann Ja,un Steele, Re►iov Officer
(to I ots)tlt Street S%V. Room 10%115
AWanta, Gcorpia .10303-8901
in ordrr for an RI A to be accepted b> the Corps, the Corps must determine that it is complete, that it meet; the criteria
fur aplx al under 33 CI K part 33 1,5, and that it has been recei►ed b)the Di%ision Office w ilhitt 60 da) s of ttre dale of the
%Ai' 4Iik,i=ld )ou decide to submit an R1 A luau, it nru,t be received at the aline address by, N A (Preliminan-JD).

"It is not neeessan, to submit an RFA Porn► to tite Division Office if you do not object to the determination in this
correspondence."
Corps Regulator Official: _
David Bro►► n
Issue Date of JD: February 2. 2018 Expiration Date N'A Pre IIminar}- JD
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_ corps_ nt3pu.usace.army.mil cm a x"f'=136A:0.
Cope furnished:
Steven DeFrancis, 3424 Peachtree Road NE. Atlanta, GA 30326

RIANK PAGE

EMEM MIff 11111CA1 ION OF AUMINIfi7'IZATIVY Al"I Al, OPTIONS AND PItOU."'SS ANDis
Aphlikanl CreekStone, PLIA I Alin.: Ronnie Dilheck 1 ile Number ti4W-2017-01111111 Oaur February 2, 2018
AIIALbcd is ' LLT tieclioa 11elUV4
[] INI I I.AI PROI I I RI 1) PI RMI I !Lt,intiard Permit or I oter(it jrcrunission) A
PROfl I Rl 1) 1'1 RMI I (Yaihdard Pennit or I etterof-penntissit o) [1
[� PI RMII IM til 11
[� APPR(►V 11) P R1LUI( 1 10 , ll DI I I Rt INA 114 V, O
IIRI [ I!` U NA10Y A iRPSDK I IW,.A1 IN I I RMINA I IWI, l;
SI CTIM your rights and Milson,, reg{ctrtling an administralivc appeal of the above decision.
Additional information may be found at hnp)l rnty,rnjr x err
('o%- regulations ail 31(TR Part 131. —_-
4: IN 1111. vitOl I I ItI It PERM I: 1 ou may acceptor object to (fie pernirl.
• AC( I P1 It you received a Standard Perntil, rtru may sign the permit document and return it to the district engineer lbr final
authorwation If you received a Letter of 11croliSS1011 I I ()P), you Indy accept the I oil and your work is authorised. Your signature
on the Standard Permit or acceptance of the I ()P nnca ns thin you accept the pennit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved Jurisdictional determinations associated with the permit
()I3J1 ( I lfvou object to the per -mit (Standard or I of,) because of certain tenns lord conditions therein, you may request that the
permit he modilied at tordingly You rnnsl uanplete Lection II of this Ionil and reium the fornn to the district engineer Your
objections must be received by the district engineer w ithin 60 days of the date of this notice, or you will forfeit your right to appeal
the per -mil in the future (Iran receipt of your letter, the dktrici engineer will evaluate your objections and may (a) modify the
permit to address all of your concerns, (b) niod fy the permit to address some of your objectitrn5, or 101101 modify the penmt
having determined that the permit should he issued as previously written After evaluating your ob)cclions. the district engineer
Kill send you a protlercd pennil Iur your reconsideration, as indicated in Section fi below
B PROF l I RI I) 1'1 Rlvtl I You may accept or appeal the perrrut
• At ( LPI It you received a Standard Penna, you may sign the pennil document and return it to the district engineer for final
authoriietion If you received a I ettei of Permission (I ( )11), you nifty accept the I ( )1' and your wort` is authorised Your signature
on the Standard Pemhii or acceptince tri the I.0P i neans dial you accept the permit ui a, entirety, and waive all rights to appeal the
permit, including iia terms and conditions, and 8pprovedjunsdicti0n.d determinations aNm)ciated with the permit.
• A1'PLAI 1f'you cliaxise to decline the prullered permit (Standard or LOP) because of certain ternis and conditions therein, you
owy appeal Ute declined permit under the Corps of l rrginecis Administrative Appeal Process by completing Section li of this fieri+
and sending the lonin to the division engineer I his loan must ler received by the division engineer within 60 days of the date of
Ihis nonce
( I'1 RMI i DI NIAI You ma) appeal 111e denial of a permit under- the ( orps of I nginerrs Admim iranve Appeal Process by
c+nnnplcung SULIi0n 11 01 this toren and .ceding the form to (lied iv ision engineer I his toms must be received by the division engineer
within 60 days u1 the date of (his notice
I ) :wl,lo r` I i ) It !RISI)I( I P hNAI [)I I I KNIINA I ION You may accept or appeal the approved JI) or provide new intormauun
• Ac t I P 1 )'uu tier not need to nuiily llie (orps to accept an approved JI) 1-ailure In notify the Corp% within ht) days of the date of
Iters pulite rrird115 that you ata epi odic approved J[) in its entirely, and waive all tights to uppeal the approved JI)
• A11111 Al 11 wou dh,jgrce wish the approved )D, you may appeal the approved JI) under the ( orps oh 1 tigincers Administrative
App(,d Pr .. k, .t;rMpleIIIIII'colon 11 of,this 1111,111 and scnding the limon to the district engineer This form must be received by
Ilio di4vduti ciigiauer within W} days of the date of this nulite
I P111 I IMINARY If !it1Ll Il( I l( INAl DI I I It iK% I If I\ 1 ou do not need to respond to the Corps rciardni, the preliminary JI)
I he Pirlrnrinat,- JI) Is nut appealable It you %isle. you miy request an ippr,ned 11) 1which Ina) he appealcdl h., ;rr.it ling the Corps
�1;,11!, 1 I„r to;th., w Ir;r,u;;n Aloo yuu may provide new inlorniduon for Wither ttirisuleratiun by the ( or)s Ill r.eti.du,rtc filo: JI)

l Y
11_REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOK 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.
OiNTOF.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: David Brown
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers. South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room 1OM15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
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 anv site investigation, and will have the opportunity to participate in all site investi ations,
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]