20100035 Ver 2_USACE Permit_20121217

Action Id SAW- 2012 -01928 County Wake U S G S Quad NC -CARY
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Research Triangle Foundation Agent: McKim and Creek, PA
c/o Elizabeth Rooks c/o Dale Hyatt
Address: Post Office Box 12255 Address: 1730 Varsity Drive, Suite 500
Research Triangle Park, NC, 27709 Raleigh, NC, 27606
Size and location of property The proiect area is located 790 feet from the intersection of Little Drive and Davis Drive at
Raleigh, Wake County, North Carolina. Latitude 35.8447 Longitude - 78.8554
Description of projects area and activity The placement of fill material into 100 linear feet of unnamed tributary to Kit
Creek to facilitate the installation of an energy dissipation pad and two 72 -inch culverts associated with the construction of a
pedestrian trail.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Nationwide Permit Number 14
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
conditions, your application dated November 8, 2012, and the enclosed plans dated November 8, 2012. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e, are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements This Department
of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local
approvals /permits
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David L. Shaeffer at (919) 554 -4884 ext. 31
Corps Regulatory Official —" a�m =°, per_ Date- 12/14/2012
Expiration Date of Verification: 12/14/2014
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 the attached customer Satisfaction Survey r" -
Copy Furnished Ian McMillan, NCDWQ
1 7
DENR - Yv,"

Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
B. ❑ 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
C. ❑ There are waters of the US and/or wetlands within 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
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued Action ID
Basis For Determination Based upon the preliminary information submitted by the applicant, the project area appears
to contain a stream that is relatively permanent and which flows to a traditionally navigable water.
Remarks Seethe enclosed Preliminary Jurisdictional Determination dated December 14, 2012.
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 and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site 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 3315, 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
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence **
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Official
Date 12/14/2012

Action ID Number: SAW- 2012 -01928 County: Wake
Permittee: Research Triangle Foundation of North America
Date Permit Issued: 12/14/2012
Project Manager: David L. Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David L. Shaeffer
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD). December
14, 2012
B NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Dale Hyatt, 1730 Varsity Drive, Suite
500, NC, 27606.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER. Wilmington District, Research Triangle Foundation, Kit
Creek, RTP Pedestrian Trail Phase 18, SAW- 2012 -01928
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State NC County/parish/borough Wake City
Center coordinates of site (]at/long in degree decimal format) Lat 35 8447° N, Long -78 8554° W
Universal Transverse Mercator NAD83
Name of nearest water body Kit Creek
Identify (estimate) amount of waters in the review area
Non - wetland waters 100 linear feet 6 width (ft) and/or acres
Cowardm Class Rrverme
Stream Flow Perennial
Wetlands acres
Cowardm Class
Name of any water bodies on the site that have been identified as Section 10 waters
Tidal
Non -Tidal
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES)
® Office (Desk) Determination Date 12/14/2012
❑ Field Determination Date(s)
1 The Corps of Engineers believes that there may be junsdwtional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time
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 approved JD for the activity, the permit applicant is hereby
made aware of the following (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of Jurisdictional waters, (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions, (3) that 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) that 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) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable,
(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 preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as
is practicable Further, an approved JD, 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, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C F R 331 5(a)(2)) If, during that administrative appeal, it becomes necessary to make

an official determination whether CWA Jurisdiction exists over a site, or to provide an official delineation ofjunsdichonal waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site 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 case
file and, where checked and requested, appropriately reference sources below)
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant Sheets 1 -2 dated November 8, 2012
❑ Data sheets prepared/submitted by or on behalf of the applicanticonsultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
❑ Data sheets prepared by the Corps
❑ Corps navigable waters' study
❑ U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑ U S Geological Survey map(s) Cite scale & quad name
❑ USDA Natural Resources Conservation Service Soil Survey Citation
❑ National wetlands inventory map(s) Cite name
❑ State/Local wetland inventory map(s)
❑ FEMA/FIRM maps
❑ 100 -year Floodplam Elevation is (National Geodetic Vertical Datum of 1929)
® Photographs ❑ Aerial (Name & Date)
or ® Other (Name & Date) Big Bird's Eye dated 12/14/2012
❑ 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
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Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)

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Project Name RTP Pedestrian Trail
Phase 18
Applicant Research Triangle Foundation
Reference Number SAW- 2012 -01928
Location 35 84475, -78 85542
Date November 8, 2012
Sheet 2 of 2