20190300 Ver 1_U-5741 PJD all_20190306

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00872 County: Onslow Countv U.S.G.S. Quad: Hubert
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: NCDOT-Division 3 Agent: SEPI Eng. & Construction
attn: Mr. Mason Herndon attn: Ms. Susan Westberry
Address: 5501 Barbados Blvd. 5030 New Centre Drive Suite B
Castle Havne, NC 28429 WilminEton. NC 28403
Size (miles) +/- 16 Nearest Town Jacksonville
Nearest Waterway Bell Swamu River Basin Onslow Bav
USGS HUC 03020301 Coordinates Latitude: 34.7243686181945
Longitude: -77.327114309271
Location description: The uroiect is located alon� the existin� R/W of Hwv 24 from iust Jacksonville to Hubert,
Onslow 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 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 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
Page 1 of 2

SAW-2017-00872
completion. Once verified, this survey will 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 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.
X 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 Wilmington, 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: The subject area possesses both an ordinary high water mark and wetlands as
described in the 1987 Corps Delineation Manual and appropriate regional supplement.
D. Remarks: The resources were field verified on 11/28/2017.
SHAVER.BRAD. HAVER.BRADE�1276601756
DN: r-U5, o=U.S. Govemment, ou=DoD,
E.1276601756 ou=PKI,oU=USA,
C��Sn egulat�� �fflClal. m=SHAVER.BRAD.E.1276601756
j� Date:2018.01.2612:45:06 -05'00'
Date: January 26, 2018 Expiration Date: No expiration, 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.mil/cm_apex/f?p=136:4:0.
Copy Furnished:
NCDEQ-DWR attn: Ms. Joanne Steenhuis
Page 2 of 2

Appendix 2- PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: �/� H/� $
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Susan Wesberry, SEPI Engineering, 5030 New Centre Cr Ste B, Wilm 28403
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, U-5741 PJD, SAW-2017-00872
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: nJC County/parish/borough: QnSIOW c�ty: Jacksonville
Center coordinates of site (lat/long in degree decimal format):
�at.: 34.715833 �ong.: -77.321976
Universal Transverse Mercator:
Name of nearest waterbody: NOrtheaSt Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
� Field Determination. Date(s): 11 /28/2017
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude Longitude Estimated amount Type of aquatic Geographic authority
number (decimal (decimal of aquatic resource resource (i.e., wetland to which the aquatic
degrees) degrees) in review area vs. non-wetland resource "may be"
(acreage and linear waters) subject (i.e., Section
feet, if applicable) 404 or Section 10/404)
See Attached

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre-
construction notification" (PCN), or requests verification for a non-reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be"waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
� Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
� Data sheets prepared/submitted by or on behalf of the PJD requestor.
� Office concurs with data sheets/delineation report.
� Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
� Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
� USGS NHD data.
� USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
� 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 Geodetic Vertical Datum of 1929)
� Photographs: ❑ Aerial (Name & Date):
or � Other (Name & Date):
� Previous determination(s). File no. and date of response letter:
� Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified bv the Corps and should not be relied upon for later jurisdictional
determinations.
Digitally signed by Mason Herndon
SHAVER.BRAD. Digitallysignedby DN:cn=MasonHerndon,
SHAVER.BRAD.E.1276601756 �/f �� o=NCDOT� OU=�IVISIOf1 i�
DN:c=US,o=LLS.Governmenqou=DOD, �� �' email=[e-mail],
E.1276601756 ou=PKl,ou=USA,
rn=SHAVER.BRAD.E.127fi601756 C=U$
Date:2018.012612:48:54 -OS'00' Ddi2: 2O1 S.O1.25 14:OB:25 -OS����
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

U-5741
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECTTO REGULATORYJURISDICTION
Estimated Geographic authority
amount of Type of aquatic to which the aquatic
aquatic resource resource (i.e., resource "may be"
Latitude Longitude (decimal in review area wetland vs. non- subject (i.e., Section
Site ID (decimal degrees) degrees) (acres) wetland waters) 404 or Section 10/404
WA 34.745410 -77392720 0.02 WETLAND SECTION 404
WB 34.744485 -77393605 0.02 WETLAND SECTION 404
WC 34.744422 -77392913 0.13 WETLAND SECTION 404
WE 34.742449 -77383776 0.17 WETLAND SECTION 404
WH 34.730462 -77348493 0.02 WETLAND SECTION 404
WI 34.715144 -77322076 1.21 WETLAND SECTION 404
WJ 34.715964 -77324596 0.64 WETLAND SECTION 404
WK 34.716034 -77.314963 1.09 WETLAND SECTION 404
WL 34.714107 -77.314703 0.28 WETLAND SECTION 404
WN 34.714293 -77.308360 0.02 WETLAND SECTION 404
WO 34.712106 -77.304132 0.36 WETLAND SECTION 404
WP 34.710096 -77.291807 0.17 WETLAND SECTION 404
WT 34.706192 -77.279608 0.05 WETLAND SECTION 404
WU 34.707216 -77.279198 0.01 WETLAND SECTION 404
WV 34.708914 -77.270070 0.12 WETLAND SECTION 404
WW 34.707504 -77.271381 0.15 WETLAND SECTION 404
WX 34.707860 -77.274361 0.33 WETLAND SECTION 404
WY 34.709153 -77.263854 0.28 WETLAND SECTION 404
WZ 34.709153 -77.263584 0.11 WETLAND SECTION 404
WAA 34.710303 -77.262180 0.33 WETLAND SECTION 404
WAB 34.711444 -77.251639 0.84 WETLAND SECTION 404
WAC 34.711444 -77.251639 0.97 WETLAND SECTION 404
WAD 34.710158 -77.255626 0.09 WETLAND SECTION 404
WAE 34.711225 -77.242994 0.80 WETLAND SECTION 404
PA 34.746018 -77.397226 0.11 NON-WETLAND SECTION 404
PB 34.718999 -77.323478 0.17 NON-WETLAND SECTION 404
PC 34.719082 -77.322928 0.12 NON-WETLAND SECTION 404

U-5741
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECTTO REGULATORYJURISDICTION
Estimated Geographic authority
amount of Type of aquatic to which the aquatic
aquatic resource resource (i.e., resource "may be"
Latitude Longitude (decimal in review area wetland vs. non- subject (i.e., Section
Site ID (decimal degrees) degrees) (linear feet) wetland waters) 404 or Section 10/404
SA 34.747910 -77.414470 505 NON-WETLAND SECTION 401/404
SB 34.747840 -77.413480 242 NON-WETLAND SECTION 401/404
SC 34.745140 -77.392830 246 NON-WETLAND SECTION 401/404
SD 34.744744 -77.395440 149 NON-WETLAND SECTION 401/404
SE 34.744583 -77.393560 65 NON-WETLAND SECTION 401/404
SF 34.742536 -77.380605 636 NON-WETLAND SECTION 401/404
SH 34.735664 -77.354098 744 NON-WETLAND SECTION 401/404
SM 34.723687 -77.338940 115 NON-WETLAND SECTION 401/404
50 34.714303 -77.321950 939 NON-WETLAND SECTION 401/404
SP 34.715838 -77.324287 718 NON-WETLAND SECTION 401/404
SQ 34.716071 -77.314730 528 NON-WETLAND SECTION 401/404
SR 34.714167 -77.314527 685 NON-WETLAND SECTION 401/404
ST 34.713456 -77.308719 113 NON-WETLAND SECTION 401/404
SV 34.713649 -77.309789 145 NON-WETLAND SECTION 401/404
SW 34.711013 -77.299858 311 NON-WETLAND SECTION 401/404
SZ 34.706899 -77.279423 243 NON-WETLAND SECTION 401/404
SAC 34.707148 -77.273708 91 NON-WETLAND SECTION 401/404
SAD 34.707902 -77.274104 309 NON-WETLAND SECTION 401/404
SAE 34.709318 -77.264040 99 NON-WETLAND SECTION 401/404
SAF 34.710294 -77.261693 59 NON-WETLAND SECTION 401/404
SAG 34.709825 -77.257120 46 NON-WETLAND SECTION 401/404
SAH 34.710499 -77.242541 109 NON-WETLAND SECTION 401/404