20190020 Ver 1_Corps AJD_10.05.17_20181229

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01889 County: New Hanover U.S.G.S. Quad: Ogden
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant: Mr. John Dieffenbauch
529 Moss Tree Drive
ilmington, NC 28405
L41376-3959
Agent: Mr. Troy Beaslev
WithersRavenel
219 Station Road Suite 101
Wilmington NC 28405
(910)5.09--6512
Property description:
Size (acres) --4.23
Nearest Waterway Pages Creek
USGS HUC 1330203❑2
Nearest Town Ogden Community
River Basin White Oak
Coordinates 34.2659217 N -77.777660 W
Location description: The property is located at #7312 Mason Land Road, approximately 0.1 mile from (Middle Sound
Loop Road adjacent to an unnamed tributa ry to Pages Creels in the Ogden Comm unity, New Hanover Coun ty, North
Carolina.
Indicate Which of the Followin Apply:
A. Preliminary Determination
Based on preliminary information, there may be 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 inial, 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).
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 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.
X There are waters of the U.S, on the above described property subject to the purmit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 134.4). Unless there is a change in the law or our published regulations, this
determination may be relied upon fora period not to exceed five years from the date of this notification. Please reference
my September 20.2.017 onsite inspection_ with Mr. Beasley.
We strongly suggest you have the 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 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.
X The waters of the U.S. on your oronerty have been identified. as depicted on the attached September 1. 2017 Figure
(Wetland Delineation Exhibit) by Mr. Beasley of Witherskavenel, and has been verified by the Corps office. We strongly
suggest you have this area surveyed, Upon coni letiom 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.
Page 1 of 2

_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
dated ** and signed by the Corps Regulatory Official 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 ** verified date.
_ 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.
X The proneiV 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 Wilmington. NC at (9I0) 796-7215 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 meat [phone] or [e-mail].
C. Basis For Determination
The site exhibits waters as defined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Re ion iVersion 2.0 and the 19$7 Army Cors of Engineers Wetland Delineation
Manual. All i9risdietionaI waters are adjacent to the Section 10 Novizable Waters of the unnamed tributary to Pages
Creek.
D. Remarks
Reference my September 20, 2017.
E. Appeals Information (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:
U.S. Army Corps of Engineers
South Atlantic Division
Attn: 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 District 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 December 5 2017.
**It is not necessary to submit an RFA form to the District O ice: if you do not object to the determination in this
correspondence. **
Corps Regulatory Official: Micke Su
Date October 5,2017 4pindion Date October 5, 2022
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 the attached customer Satisfaction Surveyor visit L; apcx/f1V 136:4:0 to
complete the survey online.
Copy furnished by e-mail:
Chad Coburn, NC Division of Water Resources
Courtney Spears, NC Division of Coastal Management

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:-�—y-NQTIFICATIQN OF AdMfN1ST1T)EAIONS -
OPT
-_= W_ i RE > TE5T-1 QR- APPEAL
Owner: John Dieffenbauch
File Number: SAW-2017- Date: October 5,
01889 2017
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and -options regarding an administrative appeal of the above
decision. Additional information may be found at
http://www.usace.army.miYCECW/Pages/reg_,materials.aspx or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may 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, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
■ OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form 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 permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer wi I1 send you a 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, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may 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, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form 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.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form 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 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 the approved JD in its entirety, and waive all rights to appeal the approved JD.
■ APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form 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.

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 further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FORAPPEALor 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 pen -nit 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 rovide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS: OR INFORMATION:

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:
District Engineer, Wilmington Regulatory Division, Jason Steele, Administrative Appeals Review Officer
Attn: Mickey Sugg CESAD-PDO
Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
69 Darlington Drive 60 Forsyth Street, SW (Room 1OM15)
Wilmington, NC 28403 Atlanta, GA 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 any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For Permit denials. Proffered Permits. and atnuroved 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]