20190443 Ver 1_Sampson B-5308 USACE PJD_20150922

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-01092 County: Sampson U.S.G.S. Quad: NC-SALEMBURG
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner:
Address:
NCDOT
Attn: Mr. Chris Manlev
1598 Mail Service Center
Raleigh, NC 27699
Agent: EEE Consulting
attn: Ms. Tina Sekula
601 Cascade Pointe Lane, Suite 101
Carv, NC 27513
Size (acres)
Nearest Waterway
USGS HUC
6.5
Caesar Swamp
03030006
Nearest Town Salemburg
River Basin Black
Coordinates Latitude:35.1248214324634
Longitude: -78.527440151549
Location description: The proiect area Br# 152, B-5308) is located along SR 1455 (Pavton Daniels Road) over Caesar
Swamp near Salemburg, Sampson Countv.
Indicate Which of the Following Auplv:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. 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). 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. Based on repuest package dated 8/18/2015 and revised map received 9/1/2015.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described project area 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.
_ 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 strongly suggest you have the waters of the U.S. including wetlands on your project area 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.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation 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.
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 or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ 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 Morehead Ciry, 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 Brad Shaver at 910-251-4611 or
Brad.E.Shaver(�a,usace.armv. mil.
C. Basis For Determination: The subject areas possess both an ordinary high water mark and has characteristics
described in the 1987 Corps Delineation Manual and the appropriate regional supplemen�
D. Remarks: Desktop determination completed.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular 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 participants, 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.
Corps Regulatory Official:
� LV "�
Digitally signed by SHAVER.BRAD.E.1276601756
DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, cn=SHAVER.BRAD.E.1276601756
Date: 2015.09.15 10:07:44 -04'00'
Date: 9/15/2015
Expiration Date: N/A
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://re ug latory.usacesurvey.com/.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant NCDOT
Attached is:
File Number: SAW-2015-01092 I Date: 9/15/2015
INITIAL PROFFERED PERMIT (Standard Permit or Letter of oermission
PROFFERED PERMIT (Standard Permit or Letter ofpermissi
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
�
C
0
0
�
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/Missions/CivilWorks/Regulator.��gramandPcrmits.aspx or
Coms re�ulations 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 worlc 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 autborized. 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 district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY NRISDICTIONAL 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 provide additional information to clarify the location of information that is already in the administrative
record.
PO1NT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
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 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 appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Brad Shaver, 69 Darlington Ave
Wilmington, NC 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

arracHMENra
PRELIMINARY JURfSDICTI�NAL DETERMINATIDN FQRM
BACKGRaUMD INFD�MATI4N
A. REP�RT COMPLETIQN DATE FOR PRELIMINARY JURIS�ICTI�NAL
❑ETERMINATI�N (JDj:
B. NAME AND ADDRESS �F PERS�N REQLIESTING RRELIMINARY JD:
Tina Sekula, 6Qi Cascade Pointe Lane, 5ulta 1p1, Cary, NC
C. ❑lSTRICT �FFICE, FILE NAME, AND NUM�ER:
Wilmington Regulatory Field Qffioe
D. PR�JECT L�CATI�N�S) AND BACKGRQUND INF�RMATION:
Replace Bridge 152 on SR 1455 (Payton Oaniels Road] qver Caesar 5wamp
�USE THE ATTACHED TABLE TO DflCUMENT MUL7IPLE WATERBaDIES AT DIFFERENT
5�7ESy
S�ate: NC C�untylp2��EshlbOroUgh: samRson Cj�; Salemburg
Cen#er coordinates of site (latllong in degree decimal format}:
Lat. ss.��a�ss °N; Long, aa.sz�4zs °W.
Universa{ Transverse Mercator: uTM t�; NAa&3
Nali'1@ �� I1B�C�St WafBCE78C�]I: CaesarSwarnp
Identify {estima#e} amount of waters in the review area:
Non-wetland waters;
s� An��ed Taeie e linear feet: width �ft) andlor acres.
�owarc�in Glass:
Stream Flaw:
Wetlancls: acres.
Cowardin Class:
Name of any water badies on the site ti�at ha�e been identified as 5ection 10
waters:
Tidal: Na�e
N�II-Yldal: None

E. REVIEW PERFORMED FOR SITE EVALIJATION �CHECI�C ALL THAT
APPLY�:
� �ffice �Desk} Determinatian. Date:
� Field Deterrnination. Da#e(s}:
SUPPORTING DATA. Data reviewed for preliminary JD
�che�k all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources belowj:
� Maps, plans, plots or plat submitted by ar on �ehalf af the
applicanticonsui#ant: �E� �o�s��f��a
� �ata sheets preparedlsubmitted by vr vn behalf of the
app ' nticonsultant.
�ffice conc�rs wit� data sheetsldelineation report.
�ffice dves not concur with data sheetsldelineation report.
❑ Data sheets prepared by the Carps:
❑ C�rps navigable waters' study:
❑ U.S. Geol�gical Sur�sy Hydrologic Atlas:
� USGS NHD data
� L1SGS 8 and 12 digit HUC maps
�❑ U.S. Geological 5urvey map(s). Cite scale & quad name:1:z4,��o; M�n�. se�me��
�❑ USDA Natural Resources Conservatian Service S�il 5urvey.
Cltatl0tl: USDA Web 5oil Survey; USDA Sai� Sur�ey of 5ampsan County, AEC, 1985
�❑ National wetlands in�entory map(sj. Cite name: usFws w�t�a�a M�ppQr
❑ StatelLoGal wetland inventory map�s}:
❑ FEMAIFIRM maps:
� 10�-year �loadplain Ele�atian is: _ _
(Natianal Geadectic Vertical Da#um of � 929}
QPhatographs: ❑� Aerial (Name & Date): NA�p �0�2 ar
� Other (Name 8� ❑ate}:
� Previaus determinatian(s). File no. and da#e af response letter:
❑ Other infvrmatian [please specify):
2

1. The Corps of Engineers believes that there may be jurisdictional waters of the
lJnited States on the subjeGt site, and the permit applicant ar ather affected party
who requested this preliminary J❑ is hereby advised of his or her option to
request and obtain an appraved jurisdictional determination (J�) for that site.
Neve�#heless, the permit appli�ant or other persan who requested tl�is
preliminary JD has declined ta exercise the option fo obtain an appraved JD in
this instance and a# this time.
2. In any circumstanc� where a permit applicant obtains an indi�idual permit, or
a Nationwide General Permit {NWP) ar 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
appraved JD for the activity, the permit applican# is hereby made aware of ths
following: {1 } the pemnit applicant has elected ta seek a permit authorization
based an a preliminary J�, which does not make an officiai determinatian of
jurisdictional waters; (2} that the applicant has the aption to request an appravet!
J❑ before accepting the terms and canditions of the permit authorization, and
that basing a permit authorFzation on an approued JD cQuld possihly result in less
compensatory mitigation being required ar di�ferent special conditions; (3} that
the applicant has t�e right to request an indi�idual permit rather than ac�epting
the terms and �onditi�ns of the NWP or other general permit authorization; (4}
that the applicant can accept a permit autharization and thereby agree to comply
with all the terms and conditions nf that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any acti�ity in reliance upan the subject permit authorization without requesting
an approved JO canstitutes the applican#'s acceptance of the use of #he
preliminary JD, but that either form of JD will be processed as saon as is
practicable; (fi} accepting a permit authorization (e.g., signing a proffere�
individual permit} ar undertaking any activity in reliance on arty form af Carps
permit authorizatian based on a prefiminary JD constifutes agreement that all
wetlands and ather water badies an the site affected in any way by that acti�ity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative ar judicial campliance or enforcement
action, or in any administrative appeal or in any Fede�al court; and (7) whether
the applicant elects ta use either an approved JD �r a preliminary J�, that JD
will be processed as soon as is pracficable. Further, an approved JD, a proffered
individual permit �and all terms and cflnditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any adrninistrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a}{2)}. if, during that adrninistrative appeal, �t hecomes ne�essary
ta make an official determination whether CWA jurisdiction exists over a site, or
to provide an afficial delineafion af jurisdictional waters on the site, the Cvrps will
provide an appraved JD to accamplish that resul#, as soon as is practicable.

This preliminary J❑ finds fhat there "may be�wa#ers of #he Uni#ed Sta#es an the
subject pro�ecf site, and identifies alf aquatic features on the site that could ��
affecte� by the praposed activity, based nn the following in#ormatian:
1MPC3RTANT NaTE: The informat�on recorded an this form has not
necessarifY been verified by the Corps and should nat be relied u�or� fior
later �urlsciic#ional deferminations.
^ � DigitallysignedbySHAVER.BRAD.E.1276601756
:� � j � DN: c=US, o=U.S. Governmen[, ou=DoD, ou=PKl,
1y� ou=USA, rn=SHAVER.BRAD.E.1276601756
t� � � Date:2015.09.15 10:10:31 -04'00'
Signature an� date of
Regu�atory Prvject Manager
�REQLJERED}
person requesting preiiminary JD
{REQLIIRE�, unless ahtaining
the signature is impractica�Ee)
_� �
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Source: NAIP 2012 Imagery _ , , � ..