HomeMy WebLinkAbout20180179 Ver 1_SAW-2017-02528 PJD_20190916U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2017-02528 County: Surry U.S.G.S. Quad: Pinnacle
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Edward Brown
Address: 3865 Shoals Rd.
Pinnacle, NC 27043
Telephone Number: 3363252456
Size (acres): 112.7 Nearest Town: Pinnacle
Nearest Waterway: Grassy Creek Coordinates: 36.323681, -80.467931
River Basin/ HUC: Upper Pee Dee
Location description: The site is located at 1276 Pinnacke Hotel Rd. Pinnacle Rd. NC 27043
Indicate Which of the Following Apply:
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 C WA/RHA jurisdiction overall 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 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 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 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
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 or our
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 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). 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 William Elliott at
828-271-7980, ext. 4225 or amanda.jones@usace.army.mil.
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont
Region (version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators
of ordinary high water marks.
The stream channels on the property are unnamed tributary (UT) to" Grassy Creek which flows into the Yadkin
River.
D. Remarks:
The potential waters of the U.S., at this site, were verified on-site by the Corps on 2/19/2019 and are as approximately
depicted on the attached Potential Wetland/Waters Map
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.
F. 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. Ifyou 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:
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 meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division 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 N/A (Preliminary -JD).
**It is not necessary to submit an RFA form to the Division O e ' you do of object to the determination in this
correspondence.**
C
Corps Regulatory Official:
it yam Elliott
Issue Date of JD: March 26, 2019 Expiration Date: N/A Preliminary JD
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://colpsmVu.usace.gM.mil/cm apex/f?p=136:4:0.
Copy furnished:
Adam McIntyre- Water & Land Solution, 7721 Six Forks Rd. Ste 130, Raleigh, NC 27615
r
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
771
Applicant: Edward Brown File Number: SAW -SAW -2017-02528 Date: March
26, 2019
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
❑
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 maybe found at http://www.usace.army.mil/Missions/CivilWorks/Regulato!yPropramandPennits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor 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 11 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 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 H - 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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: William Elliott
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room l OM 15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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 op ortunt 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, Attn.: William Elliott, 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, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: March 26, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Edward Brown
3865 Shoals Rd.
Pinnacle, NC 27043
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW -2017-02528,
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The site is located at 1276 Pinnacke Hotel Rd. Pinnacle Rd. NC 27043
State: NC County/parish/borough: Surry City: Pinnacle
Center coordinates of site (lat/long in degree decimal format): 36.323681, -80.467931
Universal Transverse Mercator: 17
Name ofnearest waterbody: Grassy Creels
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: March 26, 2019
FieldDetermination. Date(s): 2/19/19
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OFAQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site
Centered Coordinates
Estimated Amount
Type of Aquatic
Geographic
Number
(decimal degrees)
of Aquatic Resource
Resources
Authority to Which
in Review Area
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
See Attached List
Wetland
Section 404
Non -wetland Waters
0 Section 10/404
�] Wetland
[] Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
Section 404
Non-wetiand Waters
Section 10/404
Q Wetland
Section 404
❑ Non -wetland Waters
Section 10/404
Wetland
❑ Section 404
[] Non -wetland Waters
n Section 10/404
El Wetland
❑ Section 404
El Non -wetland Waters
Section 10/404
0 Wetland
Section 404
Non -wetland Waters
❑ Section 10/404
[I Wetland
❑ Section 404
E] Non -wetland Waters
❑ Section 101404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requester 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 (NVJP) 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 orjudicial 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 AID 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 preliminary JD (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 preliminary JD requester:
Data sheets prepared/submitted by or on behalf of preliminary JD requester.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name: Pinnacle.
Natural Resources Conservation Service (MRCS) Soil Survey.
Citation; Sorry County, NC
National wetlands inventory (NWI) map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps:
100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date):
or ❑ Other (Name & Date):
Previous determination(s). File no, and date of response letter:
❑ Applicable/supporting scientific literature;
El Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and
should not be relied upon for later jurisdictional terminations.
7/V ov
William Elliott, March 26, 2019 Edward Brown
Signature and date of Regulatory Signature and date of person requesting
staff member completing preliminary JD (REQUIRED, unless obtaining the
preliminary JD signature is impracticable)
Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record
and return a signed copy to the Asheville Regulatory Field Office by mail or eanail.
U5Arny Corps of Engineers- Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
I Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.
Site #
Latitude
Longitude
Estimated amount
of resource in
review area
(acreage and linear
ft, if applicable)
Type of aquatic
resource (i.e.
wetland vs. non-
wetland waters)
Geographic authority to
which the aquatic
resource "may be"
subject (i.e. Section 404
or Section 10/401)
WA
36.318159
-80.462161
0.058 ac
Wetland
Section 404/401
WB
36.317312
-80.461844
0.081 ac
Wetland
Section 404/401
WC
36.317572
-80.462062
0.022 ac
Wetland
Section 404/401
S1
36.325978
-80.470072
2,856 If
Non -wetland
Section 404/401
S2 (upper)
36.327004
-80.465258
475 If
Non -wetland
Section 404/401
S2
36.326116
-80.464191
2,277 If
Non -wetland
Section 404/401
S3
36.320764
-80.463618
3,069 If
Non -wetland
Section 404/401
S4
36.320255
-80.465642
342 If
Non -wetland
Section 404/401
S5
36.319873
-80.465526
75 If
Non -wetland
Section 404/401
S6
36.319725
-80.465086
54 If
Non -wetland
Section 404/401
57
36.319880
-80.465308
546 If
Non -wetland
Section 404/401