20190302 Ver 1_PCN Form Submission_20190307

DWR
Urtslpu of W.-10"Revourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20190302
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Chad Coburn:eads\cccoburn
Information for Initial Review
1a. Name of project:
ABC Supply
1a. Who is the Primary Contact?*
Kim Williams
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
3/7/2019
Nearest Body of Water
UT to Smith Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude:
34.295157
Longitude:
-77.896208
Version# *
1
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
A. Processing Information -
County (or Counties) where the project is located:
New Hanover
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
[ Non -404 Jurisdictional General Permit
Individual Permit
39 - Commercial/Institutional Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
( Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
rJ Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
( Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Trasco Inc.
2b. Deed book and page no.:
5000 2505
2c. Responsible party:
D. Webster Trask
2d. Address
Street Address
1202 Eastwood Road
Address Line 2
CKY
Wilmington
Postal / Zip Code
28403
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
r Unknown
State / Province / R�gbn
NC
Country
USA
2f. Fax Number:
r Yes r No
r- Yes r No

1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Wilmington
2. Project Identification
2a. Property Identification Number:
2b. Property size:
R02600-003-078-000
7.1
2c. Project Address
Street Address
3328 Pennington Drive
Address Line 2
qty
State / Rwince / Fbgbn
Wilmington
NC
Fbstal / Zip Code
Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
LIT to Smith Creek
3b. Water Resources Classification of nearest receiving water:*
C;SW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12 -digit HUC in which the project is located.
030300070808
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The eastern portion of the site is mostly cleared. The western portion is heavily vegetated with red maple, red bay, wax myrtle, and fetterbush. Several ditches cross the site. Adjacent
land use is mostly industrial, as the site is located within the North Kerr Industrial Park. Land to the east is undeveloped.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
ABC Supply Topo.pdf 187.17KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
ABC Supply Soils.pdf 300.25KB
4f. List the total estimated acreage of all existing wetlands on the property:
None
4g. List the total estimated linear feet of all existing streams on the property:
None
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a warehouse and laydown yard for ABC Supply, which is a wholesale distributor of building materials. Jurisdictional ditch fill is needed for the
laydown yard and to install several energy dissipaters.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
One 50,000-sf building will be constructed in the eastern portion of the site. Employee parking will be located to the north and east of the building. The western portion of the site will be
used as a laydown yard. Large equipment and building supplies will be located here. Additionally, 18" RCP storm pipes will be installed across the site and will outlet into the
jurisdictional ditch located along the southern site boundary. Class B rip rap energy dissipaters will be installed at the outlet. The project area Will be cleared and graded. Stormwater
facilities and utilities will be installed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
4j. Please upload project drawings for the proposed project.
ABC Site Plan with Impacts color.pdf 458.23KB
Energy Dissipater Detail.pdf 1.14MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:

5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW -2017-01807
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Farley
Agency/Consultant Company: LMG
Other:
Sd. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Mickey Sugg of the USACE issued the JD on September 7, 2017.
Sd1. Jurisdictional determination upload
NKIP Lots 1-4 JD.pdf 2MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands r Streams -tributaries r Buffers
V Open Waters r Pond Construction
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Wate rbody type
4f. Impact area
Laydown yard
P
NIA
Fill
Ditch
0.03
Install energy dissipater
P
NA
Fill
Ditch
0.01
Install energy dissipater
P
1`11A
Fill
Ditch
0.01
Install energy dissipater
P
NA
Fill
Ditch
0.01
4g. Total temporary open water Impacts:
0.00
49. Total open water impacts:
0.06
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.06
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The middle jurisdictional ditch bisects the tract and could not be avoided while still maintaining a buildable lot for a large scale operation such as ABC
Supply. This ditch is manmade and appears to be of low quality and function. The other ditch impacts are needed to discharge stormwater. The
dissipaters must tie into a certain elevation, which is within the bank of the ditch.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be used during construction to ensure that sediment does not leave the site.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:

Only impacts to man-made jurisdictional ditches are proposed. Additionally, impacts are less than 0.1 acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes C. No
If no, explain why:
Site is located within the Cape Fear River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
f Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government
stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
F Local Government W State
State Stormwater Programs
F Phase II m Coastal Counties
F HWQ or ORW ❑ Other
Comments:
SW8 170814
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?*
f Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
f Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Site will not provide access or utilities to adjacent tracts.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Site will tie into local wastewater treatment system.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown

5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program website was used to determine the presence of federally -listed species. No federally listed species are known to
occur on the site. The northern long-eared bat is known to occur within New Hanover County. Trees will be removed from the site during construction,
which may affect roosting bats. However, no maternity roost trees or hibernation sites are located near the project area. Therefore, tree removal
activities would be considered exempt under the 4(d) rule. The site does not appear to provide suitable habitat for any other federally protected
species known to occur in the region.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No
cultural or historical resources were noted within or adjacent to the site.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Flood Risk Information System website
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
ABC Supply Aerial.pdf
ABC Supply Vicinity.pdf
Signature
V By checking the box and signing below, I certify that:
481.28KB
302.48KB
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Kimberlee C Williams
Signature

c�%nxee�lrG���l'a
Date
3/7/2019

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/441 permit application
for ABC Supply; New Hanover County, NC project. All questions in regards to this project
should be directed to Laud Management Group.
Sincerely,
;�" / C'/ -
- .
Applicant
-77-axc o Ike-
Print Name
Date

<ui L: i nis is nor a survey. Hu oounaanes ano eisiances are consiaereo approximate.
This represents a preliminary sketch prepared from field notes. A survey of delineated
areas and review and approval by the US Army Corps of Engineers is recommended prior
to specific site planning.
PROJECT
AREA
Q O Project area - 21 acres ® Existing Roadway
ZExisting Stormwater Pond
W - 1.3 ac or 6%^ ® Data Point Location
' ^ Potential Uplands - 19.7 ac or 94%
---• Potential Non -Jurisdictional Ditch
W
W(ditches under stormwater plan) -1,890 11.
Potential US Waters (RPW) - 1.585 IS.
LAWETLANDS12017 WETLANDS FILESODSWml Tunstall - North Kerr
Industrial Park, Lots 1-4_ NKPIWAPSIUSACEwetlandmap
*Boundaries are approximate and are not meant to be absolute.
Mao Source: 2016 NC Oneman .
Ea
*Any areas shown in permitted
stormwater systems are not jurisdictional*
SCALE 1" = 200'
North Kerr Industrial Park
Lots 1-4
New Hanover County, NC
LMG
LYpAW:M NL4TGROVI'v.
`""'°^^"^'°' °^'^'^^"°
Preliminary
www.lmerouo.net
Upland
June 2017
3805 Wrightsville Avenue
Sketch
LMC # 40-17-166
Wilmington, NC 28403
Phone: [phone] Fax: [phone]

*Boundaries are approximate and are not meant to be absolute.
Map Source: ArcGIS Open Street Map SCALE 1" = 1 mile
ABC Supply LMG
New Hanover Countyo Fnvlranmea ca Cneho�r� NC Palm rain onsWrnv"Figure 1
www.lmgroup.net Vicinity Map
March 2019 3805 Wrightsville Avenue
LMG18.46O Wilmington, NC 28403
Phone: [phone] Fax: [phone]

*Boundaries are approximate and are not meant to be absolute.
Map Source: USGS Castle Hayne Quadrangle 7.5 minute
SCALE 1" = 500'
ABC Supply LMG
New Hanover County1 NC tarn MANMA nC90UP �c
Fayffanm ACal cons Or ants Figure 2
www.lmgroup.net Topographic Map
March 2019 3805 Wrightsville Avenue
LMG 18.460 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

Legend
Ls: Lynchburg fine sandy loam
Mu: Murville fine sand
Pn: Pantego loam
St: Stallings fine sand
To: Torhunta loamy fine sand
*Boundaries are approximate and are not meant to be absolute.
Map Source: GIS Soils Data
ABC Supply
New Hanover County, NC
March 2019
LMG 18.460
�na
LMG
LAMB MAN AM�tT GAVllP:-ac
En „ A«, C-vd,—,
www.lmgroup.net
3805 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone] Fax: [phone]
SCALE 1" = 200'
Figure 3
Soils Map

4 40.• +ire •�„r --.•- ,� _ 4 7
*Boundaries are approximate and are not meant to be absolute.
Map Source: 2016 NC One Map Imagery
HERE. orme, Mapmylndia, ©Op Stree, M<�
SCALE 1" = 200'
ABC Supply LMG
New Hanover County NC"N°,r"u�G°u"
En�„a��.��4P�o�,u��o�„ Figure 4
www.lmgroup.net Aerial Photograph
March 2019 3805 Wrightsville Avenue
LMG 18.460 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

SETZER PROPERTIES WILM LLC
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Wilmington, NC
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4LMG 3/6/19 NA
ABC Supply at NKIP Scale: Job Number:
LAND MANAGEMENT GROUP 1 "=80' LMG18.460
a DAVEY1 company
3805 Wrightsville Ave, Suite 15 Title: Drawn By. Sheet Number:
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Telephone: [phone]
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Wilmington, North Carolina 28402 Site Plan KCW 5
Telephone: [phone]
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4LMG 3/6/19 NA
ABC Supply at NKIP Scale: Job Number:
LAND MANAGEMENT GROUP 1 "=80' LMG18.460
a DAVEY1 company
3805 Wrightsville Ave, Suite 15 Title: Drawn By. Sheet Number:
Wilmington, North Carolina 28402 Site Plan KCW 5
Telephone: [phone]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01807 County: New Hanover U.S.G.S. Quad: Castle Hayne
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant: Mr. Webster Trask, Trasco Inc.
1202 Eastwood Road
Wilmington, NC 28403
[phone]
Agent: Mr. Paul Farley
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington NC 28403.
[phone]
Property description:
Size (acres) —21 Nearest Town Wrightsboro Community
Nearest Waterway UT to Smith Creek River Basin Northeast Cape Fear
USGS HUC 03030007 Coordinates 34.295157 N -77.896208 W
Location description: The property includes Lots 3-42 thru -45 and Lots 3-63 thru -64 in the North Kerr Industrial
Park, located on Pennington Drive and Hall Waters Drive, off North Kerr Avenue, in the headwaters of an unnamed
tributary to Smith Creek, in Wrightsboro Community, New Hanover County, North Carolina.
Indicate Which of the Followine Annly:
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 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).
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 permit requirements of Section 404 of the
Clean Water Act WWAI(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. Please reference
my August 17, 2017 onsite inspection with Mr. Farley.
_ 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 vour uroverty have been identified, as depicted on the attached June 2017 Figure (LMG #40-
17-166) by Land Management Group, and has been verified by the Corps office. We strongly suggest you have this area
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.
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 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 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 mickev.t.suee(a�nsoce.armv.mil.
C. Basis For Determination
The site exhibits waters as defined in the Re¢ional Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region (Version 2.0) and the 1987 Army Corps of Engineers Wetland Delineation
Manual, All jurisdictional waters are adjacent to the Section 10 Navigable Waters of Smith Creek.
D. Remarks
Reference my August 17, 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 November 6, 2017.
**It is not necessary to submit an RFA form to the District(ffce if you do not object to the determination in this
correspondence.** nA. I �
Corps Regulatory Official:
Date September 7, 2017 1 / Expiration Date September 7, 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 Survey or visit http•//coi-psmgu usace arnivroil/cmapex/f?p=136:4:0 to
complete the survey online.
Copy furnished by e-mail:
Chad Coburn, NC Division of Water Resources

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Owner: Webster Trask, Trasco, Inc.
File Number: SAW -2017- Date: September 7,
01807 2017
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) 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.mil/CECW/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 will 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 lI 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 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 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 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 10M15)
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 oragent.
For Permit denials. Proffered Permits, and aDDroved 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]