HomeMy WebLinkAboutfinal signed CBRE GE PJDDEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
December 11, 2024
Regulatory Program/Division
Sent Via email: craig.ranson@ge.com
Craig Ranson
GE
3901 Castle Hayne Road
Castle Hayne, NC 27601
Dear Mr. Ranson:
This letter is in response to your request to the Wilmington District, Wilmington
Regulatory Office for a preliminary jurisdictional determination (PJD). The project/review
area is located at Latitude 34.324890 and Longitude -77.932700; in Castle Hayne, New
Hanover County, North Carolina. The review area for this determination is limited to an
approximately 60.7 acre(s) area which is illustrated on the enclosed site maps. This
project has been assigned the file number SAW-2024-01272 (GE). This file number
should be referenced in all correspondence concerning this project.
Based on our review of the information you furnished, a site inspection conducted on
November 7, 2024, and other information available to our office, we have preliminarily
determined the above-referenced area may contain approximately +/- 2 acre(s) of
waters of the United States under the U.S. Army Corps of Engineers (Corps) regulatory
jurisdiction. These waters are identified in the enclosed site maps, Figure 7 dated
November 13, 2024. This determination was made in accordance with the Corps
regulatory authority pursuant to Section 404 of the Clean Water Act, and based upon
criteria contained in the 1987 Corps of Engineers Wetland Delineation Manual and the
Atlantic and Gulf Coastal Plain regional supplement.
Section 404 of the Clean Water Act requires a Department of the Army (DA) permit
be obtained prior to the discharge of dredged or fill material into waters of the United
States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a
DA permit be obtained for any work in, on, over or under navigable waters of the United
States.
For purposes of computation of impacts, compensatory mitigation requirements, and
other resource protection measures, a permit decision made based on a preliminary
jurisdictional determination will treat all waters including 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 jurisdictional determination, which is an appealable action, by
contacting the Corps district for further instructions.
This determination has been conducted to identify the limits of Corps’ Clean Water
Act jurisdiction for the review area identified in this request. The 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.
You are cautioned that work performed in areas which may be waters of the United
States, as indicated in the preliminary JD, without a Department of the Army permit
could subject you to enforcement action.
If you have any questions concerning this correspondence, please contact Brad
Shaver, Project Manager of the Wilmington Regulatory Field Office at 910-251-4611, by
mail at the above address, or by email at brad.e.shaver@usace.army.mil. Please take a
moment to complete our customer satisfaction survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey/.
Sincerely,
Brad Shaver
Project Manager
Enclosures
cc: Jonathan Grubb, ECS Southeast, LLP (via JGrubb@ecslimited.com)
Brad Shaver
Digitally signed by
Brad Shaver
Date: 2024.12.11
16:31:58 -05'00'
WSP REVISIONS
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ayne Rd
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Y:\ComplexData\GIS Projects\GE Wilmington\WTDM\GE Wilmington WTDM.mxd
1. Field Data within theproject study area havebeen located usingsubmeter GPS antennasby WSP USA.2. Wetlands and watershave not been confirmedby the U.S. Army Corps ofEngineers until stamped.3. Project limits areapproximate.4. Topography based onUSGS LiDAR.
Legend
Project Study Limits- 60.7 Acres
")X Stream Identifier
!(X Wetland Identifier
k Field Data Station
Culvert
%Ditch
Potential Perennial Stream (R3)
Potential Intermittent Stream (R4)
Potential Palustrine Forested (PFO) Wetland
Topographic Contours
Major- 10 Foot
Minor- 1 FootJob No. N/A
Drawn By: M.COOLEY
Reviewed By: N.TUDOR
Date: 11/13/2024
CBRE/GE WILMINGTON
NEW HANOVER COUNTY,
NORTH CAROLINA
°The map shown here has beencreated with all due andreasonable care and is strictlyfor use with WSP USA, Inc.(WSP) project number N/A.WSP assumes no liability, director indirect, whatsoever for anysuch third party or unintendeduse.1 " = 200 'H:
FIGURE 7:
POTENTIAL JURISDICTIONAL
FEATURES MAP
PFO(sq ft)PSS(sq ft)PEM(sq ft)POW(sq ft)R3(lf)R4(lf)R6(lf)Ditch(lf)Stream(sq ft)A 3,983 0 0 0 0 0 0 0 0 NT/VB37,355 0 0 0 0 0 0 0 0 NT/VC4,682 0 0 0 0 0 0 0 0 NT/VD3,104 0 0 0 0 0 0 0 0 NT/VE1,438 0 0 0 0 0 0 0 0 NT/VF31,186 0 0 0 0 0 0 0 0 NT/VG2,209 0 0 0 0 0 0 0 0 NT/VH00000433002,086 NT/NVI00002750001,376 NT/NVJ0000018900380NT/NVK463927NT/NVL99297NT/NVM366NT/VTotal83,957 0 0 0 275 1,184 0 366 5,066
Resource Identification
Confirmation ResourceDescriptionNotes*
Total Wetland Area =83,957 sq ft 1.93 ac
* T=Tidal; NT=Non-tidal; V=Vegetated; NV=Non-Vegetated; PFO=Palustrine Forested Wetland; PSS=Palustrine Scrub-Shrub Wetland; PEM=Palustrine Emergent Wetland; POW= Palustrine Open Water; EIW= Estuarine Intertidal Wetlands; R3= Upper Perennial Streams; R4=Intermittent Streams;R6 = Ephemeral Streams
Total Stream Area =5,066 sq ft 0.12 acTotal Stream Length =1,459 lf
-1-
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Craig Ranson, GE File Number: SAW-2024-01272 Date: 12/11/2024
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 WITHOUT PREJUDICE C
܆ PERMIT DENIAL WITH PREJUDICE D
܆ APPROVED JURISDICTIONAL DETERMINATION E
܈ PRELIMINARY JURISDICTIONAL DETERMINATION F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
x 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.
x 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. 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
x 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.
x 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.
-2-
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
x 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.
x 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 division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
x RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district
is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
may contact:
District Engineer, Wilmington Regulatory Division
Attn: Brad Shaver
Wilmington District U.S. Army Corps of Engineers
69 Darlington Ave
Wilmington, NC 28403
If you have questions regarding the appeal process, or
to submit your request for appeal, you may contact:
Krista Sabin
Regulatory Administrative Appeal Review Officer
U.S. Army Corps of Engineers
South Atlantic
60 Forsyth Street SW Room 9M 15
Atlanta, Georgia 30303-8801
Phone: 904-314-9631
Email: Krista.D.Sabin@usace.army.mil
SECTION II – REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
-3-
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. 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.
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.
_______________________________
Signature of appellant or agent.
Date:
Email address of appellant and/or agent: Telephone number:
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD:
B.NAME AND ADDRESS OF PERSON REQUESTING PJD:
C.DISTRICT OFFICE, FILE NAME, AND NUMBER:
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.:Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, 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 10/404)
See Attached ORM Aquatic Resources Upload Form
10/09/24
NC New Hanover Wilmington
34.31694 -77.99469
18
Cape Fear River
January 30, 2024
12/11/2024
GE
Wilmington, GE, SAW-2024-01272
11/7/2024
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 (NWP) 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: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
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: _______BBBBBBBBBBBB.
Data sheets prepared by the Corps: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Corps navigable waters’ study: ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
U.S. Geological Survey Hydrologic Atlas: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: _________BBBBBBBBBBBBBBBBBBBBBB.
Natural Resources Conservation Service Soil Survey. Citation: __________BBBBBBBBBBBBBBBBB.
National wetlands inventory map(s). Cite name: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
State/local wetland inventory map(s): ____________BBBBBBBBBBBBBBBBBBBBFEMA/FIRM maps:
__45029C0318G, effective
on12/21/2017______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
100-year Floodplain Elevation is: ____BBBBBBBBBBBB.(National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
or Other (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Previous determination(s). File no. and date of response letter: __________BBBBBBBBBBBBBBBB.
Other information (please specify): ______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
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 Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
the signature is impracticable)
1
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.
2022 Castle Hayne, NC 7.5 minute
NRCS Web Soil Survey
USFWS NWI North Carolina
Photolog
Date: 2024.10.09 .24DN: cn=jonathan.grubb@wsp.comDigitally signed by jonathan.grubb@wsp.com
X
Brad Shaver
Digitally signed by Brad
Shaver
Date: 2024.12.11 16:41:12
-05'00'