20190370 Ver 1_U-4906_JD_20190325

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Acrion Id. SAW-2014-00572 County: Onslow U.S.G.S. Quad: Jacksonvitle North/Catherine Lake
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Applicant: NCDOT — Division 3 Co Applicant : NCDOT —Division 3
Attn: Mr. Scott Cooke, P.E. attn: Mr. Stonewall Mathis. P.E.
Address: 5501 Barbados Blvd. 5501 Barbados Blvd.
Castle Havne, NC 28429 Castle Havne. NC 28429
Size (miles) 21
Neazest Waterway Southwest Creek
USGS HLTC 3030001
Neazest Town Jacksonville
River Basin New. North Carolina.
Coordinates Latitude:34.88899
Longitude:-77:53132
Location description: The proiect studv area is located alone Gum Branch Road (SR 13081 from the Richlands town
limit southeast to its intersection with Timothv Road (SR 1388) iust north of Jacksanville. Onslow Countv.
Indicate Which of the Followine Annlv:
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 detemilne the extent of Department ofthe Army (DA) jurisdicrion. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary deternilnarion 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 fiuther instrucrion. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There aze Navigable Waters of the United States within the above described properiy subject to the permit requirements of
Section 10 of the Rivers and Hazbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, tlus deternunation may be relied upon for a period nbt to exceed five yeazs from the date of this
notification.
X There aze waters of the U.S. including wetlands on the above described proper[y 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 yeazs from the date of this notification.
_ We sffongly 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 delinearion in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered fmal, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project azea have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon complerion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depicrion of all azeas subject to
CWA jurisdiction on your proper[y which, provided there is no change in the law or our published regularions, may be
relied upon for a period not to exceed five yeazs.
The waters of the U.S. including wetlands have been delineated and surveyed and aze accurately depicted on the plat
signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or ow published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notificarion.
_ There aze no waters of the U.S., to include wetlands, present on the above described project azea which aze subject to the
permit requiremenu of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of J?

published regulations, this determination may be relied upon for a period not to exceed five yeazs from the date of tlus
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management AcY
(CAMA). You should contact the Division of Coastal Management in Morehead City, 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
constimte a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regazding this
determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or
Bra d. E.Shaver(a�usace.a rmv. m il.
C. Basis For Determination: The subject area exhibits characteristics described in the 1987 Corps Delineation
Manual and the appropriate regional supplemenf and all features drain toward the New River New River, a
navigable water oFthe US.
D. Remarks: The site was field reviewed on March 5, 2014.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particulaz.site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participanu, or anticipate participation
in USDA programs; you should request a certified wetland determination 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
B. above)
This correspondence constitutes an approvedjurisdictional determination for the above described site. If you object to this
determination, you may request an adminishative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will fmd 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:
US 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 meeu the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of We date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 5/31/2014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the detern�ination in this
correspondence.** �
Corps Regulatory Official: �
-o
Date: March 31, 2014 Expiration Date: March 31. 2019
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
�://re ug latorv.usacesurve, .�.
Copy furnished:
ESI attn: Mr. Robert Turnbull524 New Hope Road Raleigh, NC 27610

File Number: SAW-2014-00572
Permit or Letter
PERMIT DENIAL
.TURISDICTIONAL DETERMINATION
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
C
ACCEPT: If you received a Standazd Permit, you may sign the permit document and retum 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 Standazd 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 (Standazd 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 retum the form to the dishict
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 concems, (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
• ACCEPT: If you received a Standard Permit, you may sign the permit document and retum 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 (Standazd 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
infortnation.
may accept or appeal the approved JD or provide new
• 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 district 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.
'(�,, � !,� , (�
...�4! � � ,. 5 � ,.rl;. .�. . ..... `.d.} �_�.��1.?_,..9 `v.. �=._'_ :. S ..a •�Fk. ' �° .'�u.�.'�8.w5
�... .. . '• � e . Y �T_ `�
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in cleaz concise statements. You may attach addirional information to this form to clarify where your reasons or
objections aze 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 fhe Corps may add new information or analyses to the record.
However, you may provide additional information to clazify the location of information that is already in the administrative
record.
}� ,. . . . !1 � h4,. � �� n:.�-.�"�a��:�"�"�
� r`. Sa,� t C� .:A"„Rt � O� p ", Q `r`` +J�c��"�-� P1�a��� 'k�r�'��;h�� � , �� ��^ d
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: Brad Shaver CESAD-PDO
69 Darlington Ave U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403 60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone:[phone]
RIGHT OF ENTRY: Your signature below grants the right of enhy to Corps of Engineers personnel, and any govemment
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of an site investi ation, and will have the o ortuni to artici ate in all site investi ations.
Date: Telephone number:
Si ature of a ellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brad SLaver, 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, Att¢: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]