20050093 Ver 1_Complete File_20050306

OF WATFRp Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, Y.E. Director
Division of Water Quality
January 21, 2005
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Louis North
Roger Moore Brick Company
P.O. Box 1646
Wilmington, NC 28402
Re: Isolated Wetland Permitting
Pender County
DWQ Project #: 05-0093
COE#: 200500346
Dear Mr. North:
On January 14, 2005, the Division of Water Quality was notified by the US Army Corps of Engineers of
your possible plans to impact about one acre of isolated wetlands at US 17 and Sloop Point Loop Road in
Hampstead, NC. Please be aware that impacts to more than 0.33 acres of isolated wetlands east of I-95 or
more than 0.1 acres of isolated wetlands west of I-95 require a wetland permit issued according to 15A
NCAC 2H .1300. Impacts to less than these thresholds are deemed permitted as long as they comply with
15A NCAC 2H. 1305 (b). The application is available at our website at
http://h2o.enr.state.nc.us/ncwetlands as is information regarding the required permit fee.
By copy of this letter, DWQ hereby informs you of the need for permitting the fill of these isolated
wetlands. Please be certain that your project is in compliance with these rules.
I can be reached at 919-733-9646 if you have any questions.
Program
JRDljrd
cc: Wilmington DWQ Regional Office
Lillette Granade Regulatory Field Office, U.S. Army Corps of Engineers
Central Files
File Copy
Kelly Dixon, Land Management Group, P.O. Box 2522, Wilmington, NC 28402
Filename: 050093RogerMooreBrick(Pender)Isolated
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Intemet: http://h 2o.enr.state.nc.us/ncwetlands
NorthCarolina
Aatara!!y
An Equal Opportunity/Affirmative Action Employer - 501% Recycled/ 10% Post Consumer Paper
Sincerely,
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500346 County: Pender U.S.G.S. Quad: Topsail
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Louis North Agent: Kelly Dixon
Rocer Moore Brick Companv Land 1\ianacement Group. inc.
Address: Post Office Box 1646 Post Office Box 2522
Wilmineton, NC 28402 Wilmington, NC 28402
Telephone No.: [phone]
Property description:
Size (acres) approx. 6.5 acres Nearest Town Hampstead
Nearest Waterway Old Topsail Creek River Basin Intracoastal Waterwav
USGS HUC Coordinates N 34.3910 W 77.6815
Location description The property is located in headwaters of Old Topsail Creek, on the northeast corner of the
intersection of Hwy 17 and Sloop Point Loop Road, in Hampstead, Pender Countv, North Carolina.
Indicate Which of the Followinjj Apply:
_ 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).
_ There are Navigable Waters of the United States within the above described property subject to the permit rcqujrenu•nts of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a clian-c in the la%v or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date ol'this
notification.
_ There are wetlands on the above described property 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 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 nmel\
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property 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 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.
X 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). (Jnless there is a chanl_,e in the hm'
or our published regulations, this determination may be relied upon for a period not to exceed five years froiu the
date of this notification.
X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area ManaLcnient
Act (CANTA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to
determine their requirements.
Page 1 of 2
Action ID: 200SD031(
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit nia?
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 Lillette Granade at [phone].
Basis For Determination: Determination is based on information provided by Kelly Dixon of Land Ilanagemcnt Group.
Tnc,, and afield visit by Lillette Granade on December 15, 2004.
Remarks: There are two isolated wetland areas approximately 1.0 acre in size on the above described property. The
Corps of Engineers does not have jurisdiction over this area. The State of North Carolina sloes have jurisdiction over
these wetlands and any activities in these wetlands are subject to the State's regulations. Please contact Ms. CN-ndi r
Karoly with the North Carolina Division of Water Qualitv at 1650 Mail Service Center, Raleigh, North Carolina 27699_1
before doing any work in this area. ee /
Corps Regulatory Official: O1 7/LGLtt?tG
Date January 8, 2005 Expiration Date January 8, 2010
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
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'IAN 1 4 2005
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Page 2 of 2
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL.
V?
Applicant: Louis North File Number: 200500346 Date: January 8, 2005
Roger Moore Brick Company
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B -
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D _
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION 1- The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional infonnation may be found at littp://www.tisace.army.niil/inet/functions/ew/ceewo/ref 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 thr
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 pc; nui
having determined that the permit should be issued as previously written. After evaluating your objections, the district rn .necr
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 I inal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signattu'e
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 thcrent, ,,.-ui
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of tlrus 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 cwt inecr
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 Administraik e
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be r?'cen ec! h\
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 PERNIIT
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 Cores
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, anal any
government consultants, to conduct investigations of the project site during the course of the appeal process. 1"ou
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.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490