20191115 Ver 1_SAW-2019-01479 _ Abner Wayne Staples No Permit Required_20190920

From: Stygar, Krystynka B A21 SAW
To: George Wood; Kathy Cagiano
Cc: Scarbrauah, Anthony; Pullinger, Robert C
Subject: [External] SAW -2019-01479 : Abner Wayne Staples (Camden NWP 14 : NPR)
Date: Friday, September 20, 2019 3:32:17 PM
Attachments: Staoles PJD.Ddf
NPR Abner Staples.pdf
Abner Wayne Staoles - Plats (Fill Permit Plat Revised).odf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to [e-mail]<mailto:report.spam e.nc.gov>
George,
Good afternoon, attached you will find a NPR, as well as the PJD for the PCN that was submitted for Abner Wayne
Staples. The activity as described falls under the exemption for Farm Roads. I have received concurrence from
FWS-Raleigh office in regards to the location of the project being in a RED HUC for the NLEB. As long as the
activity is preformed not during the timeframe of June 1- July 31 , this activity remains exempt.
Please advise your client that : Roads and associated construction must abide by the following:
- They must be constructed and maintained in accordance with best management practices to assure that flow and
circulation patterns and chemical and biological characteristics of waters of the U.S. are not impaired and that the
reach of the waters of the U.S. is not reduced, and that any adverse effect on the aquatic environment are minimized.
Roads and trails shall be held to the minimum feasible number, width, and total length consistent with the purpose
of specific farming, silverculture or mining operations, and local topographic and climatic conditions.
-Roads shall be located sufficiently far from streams and other water bodies to minimize discharges of dredged or
fill material into waters of the U.S.
-Road fill shall be bridged, culverted or designed to prevent restriction of expected flood flows
-Fill shall be properly stabilized and maintained during and following construction to prevent erosion
-Discharges shall be made in a manner that minimizes the encroachment of construction equipment in waters of the
U.S. outside of the fill area
-Vegetative disturbance shall be kept to a minimum
-Construction and maintenance of crossing shall not disrupt the migration or other movement of aquatic life
-Borrow material shall be taken from upland sources where feasible
-The discharge shall not take, or jeopardize the continued existence of, a threatened or endangered species, or
adversely modify or destroy the critical habitat of such species
-Discharges into breeding and nesting areas for migratory waterfowl, spawning areas, and wetlands shall be avoided
-The discharge shall not be located in the proximity of a public water supply intake
-The discharge shall not occur in areas of concentrated shellfish production
-The discharge shall not occur in a component of the National Wild and Scenic River system
-The discharge of material shall consist of suitable material free from toxic pollutants in toxic amounts.
-All temporary fills shall be removed in their entirety and the area restored to its original elevation.
Please let me know if there are any questions or modifications to this PCN. At this time USACE will not require
mitigation for the proposed activity.
Regards,
Krysta
Krystynka B. Stygar
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office

[phone]
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We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2019-01479 County: Camden County
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property Owner: Abner Wayne Staples
Address: 1358 South 343
Shiloh NC, 27974
Telephone Number: 252-333-4100
Size and Location of Property (waterbody, road name/number, town, etc.): The property for this NPR is approximately
188 acres in total off of Garrington Island Road, Shawboro, Camden County, North Carolina. It is directly
adiacent to the North River, a known Traditional Navigable Waterbody.
Description of Activity: The construction of a Farm Road to be installed over wetlands with a top width of 25 feet
(to allow for farm equipment) and side slopes of 2:1 to the approximate height of 3 feet. The amount of fill is 8,708
SF of clean fill with two 40-18" culverts to not restrict the flow and circulation of waters of the U.S.
Your work as proposed does not require Department of the Army authorization for the following reason(s):
_ The entire property is composed of high ground. Therefore, your proposed activity will not occur in any aquatic
resources.
_ The proposed activity will occur in non jurisdictional waters and/or wetlands.
_ The proposed activity is not regulated and/or does not include regulated discharges of dredged or fill material. A
jurisdictional determination was not completed with this request. This letter does not address nor include any
consideration for jurisdiction on aquatic resources and shall not be interpreted as such. This is not an appealable
action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further
instruction.
X The proposed activity is exempt from Department of the Army regulations. A jurisdictional determination was not
completed with this request. This letter does not address nor include any consideration for jurisdiction on aquatic
resources and shall not be interpreted as such. This is not an appealable action. However, you may request an
approved JD, which is an appealable action, by contacting the Corps for further instruction.
Remarks: Work on this farm road needs to be completed outside of the time period of June 1- July 31. As the location of
the property is known maternity roost sites for the Northern Long -Eared Bat.
This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other
required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management in Elizabeth City, North Carolina, at [phone] to discuss any required State authorization.
Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If
you have any questions regarding the Corps of Engineers regulatory program, please contact #PM_FULLNAME at
telephone number 910-251-4619 or [e-mail].
Regulatory Project Manager Signature
Date: September 20, 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
http://corpsmapu.usace.army.mil/cm apex/Pp=136:4:0.

A. Determination of Jurisdiction:
1. ® 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).
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. Please note, if work is authorized by either a general or nationwide permit, and you
wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded
prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology
of waters of the United States.
2. ❑ There are no waters, including wetlands, within the above described project area that are 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.
3. ❑ 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 (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.
4. ❑ The aquatic resources within the above described project area have been identified under a previous action.
Please reference the approved jurisdictional determination issued . Action ID: SAW -
B. Basis For Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and Atlantic and Gulf Coast Regional Supplement and is hydrologically connected to the North River a
tributary to the Albemarle Sound a Traditional Navigable Water.
C. Remarks:
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 NA .
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Krystynka Stygar

Date of JD: September 20, 2019 Expiration Date of JD (if applicable): NA
Copy furnished:
Agent: Environmental Professionals, Inc
GeorEe Wood
Address: Post Office Box 3368
Kill Devil Hills, NC, 27949

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THIS DRAWING PREPARED AT THE
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1805 West City DHve, u,E I Ellaabe[h% NC 2]909
TEL [phone] FAX [phone] www.tlmm9ns"
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PROJECT NOTES:
TOTAL FILL AREA— 8,708 S.F.
15 30 80
211
�— GRAPHIC SCALE: 1" = 90'
SECTION A—A
r-= ro• FILL PERMIT
ABNER WAYNE STAPLES
PROPERTY DESCRIBED IN D.B. 327, PG. 508
CARRINGTON ISLAND ROAD
SHILOH TOWNSHIP, CAMDEN COUNTY, N.C.
1.3C 71MAD onAwo K0. raaecras
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Planning for a Better Environment
1404 S Virginia Dans Trap
P.O. BOX 3368 — KILL DEVIL HILLS, NC 27948
PRA'NE lxW I�90

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: September 20, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: George Wood, Post Office Box 3368, , NC, 27949.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Abner Wayne Staples/Camden/NWP 14, SAW -
2019 -01479
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Camden County City: Shawboro
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.30324° Long.: -76.0168580
Universal Transverse Mercator:
Name of nearest waterbody: North River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: September 20, 2019
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
Number
Latitude (decimal
degrees)
Longitude
(decimal degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non-
wetland waters)
Geographic authority to
which the aquatic resource
"maybe" subject (i.e.,
Section 404 or Section
10/404)
Wetland 1
36. 30324
-76.016858
188 acres
Wetland
Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor 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 (NWT) 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 or judicial
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 AJD 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 PJD (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 the PJD requestor:
Map: George Wood for Abner Wayneples
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:_
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas: USGS NHD 2019 USACE Mapper
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey. Citation:WebSoilSurvey NRCSGoogle Earth Pro 2019
® National wetlands inventory map(s). Cite name: NWIMapper :USACE 2019
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Google Earth Pro 2019, 2018, 2017
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ 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
determinations.
Signature and date of Regulatory
staff member completing PJD
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)1
1 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.