HomeMy WebLinkAbout20220087 Ver 1_05_RobertsRd_Delineation&Verification_Documentation_20220114DELINEATION AND
VERIFICATION
DOCUMENTATION
S&EC
DELINEATION
7
_ A,
NO'
-y CF7� -
O/C
rn
a
-J
Project Number: 13180.W7 Map Title:
Project Manager: Figure 1- USGS Map
S B Roberts Road (Offsite)
Scale:
1" = 1000'
Date: Source: 2019 NC Green
10/26/2020 Level Quad
0
a
V \ `t¢
0
-w
Qz
z
TURNER-CREEK'RD
,/ABLE-L
1 i WADE'DR
�f
0 �Inform.qon
� - NKGent,ffur3Ge grep& In �
N
0 1,000 2,000
I I I I I I I I
Feet
Soil & Environmental Consultants,
8412 FA, of Na,- RoA. Sure 1K RA,igh. NC 27615 • Ph.- (919) 846-5900 • Fay: (919) 8=
'_d--,
TWO o C rC f�
CrE
CrE _ Gr
�,
le
G rC .,
Cr E
' A G r C~
A, t V 1
r4 iCrE
rC2 ' 1
j 1
. CrC? Pir�
�i
GrC Cif
M fB2
CrC2 t
rl ��
A �l M102
CrC
4
• II
11 G.0
Pop
CrC nter f.r Geogr p i- I formation &Analysis
Project Number: Map Title: N
13180.W7 0 500 17000
Project Manager: Figure 2- Soil Survey I I I I I I I I I
$ B Roberts Road (Offsite) Feet
Scale:
1=500' •
Date: Source: Wake County Soil
Soil & Environmental Consultants, PA
10/26/2020 Survey Sheet 55 8412 Falls of Neu eRoud, Su e104,meiBh,NC 27615•Phone (919)846-5900•Fax (919)8469467
S&EC
BUFFER
DETERMINATION
Now
F7NO,T,.A,.Ll,A
Environmental
Services
Dan McCauley
Environmental Scientist
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
WC-18-001
May 24, 2018
TEL 919 856 7400
Fax 919 743 4772
Water Quality Division
336 Fayetteville Street • Raleigh, NC 27602
www.wakegov.com
Wake County
Project Name:
Location/Directions:
Subject Stream:
PIN 9 0733531762
NC 55 to Jenks Rd, right on Roberts Rd, right on Page Rd
UT to Jack Branch
Date of Determination: 7/13/13
Feature
Not Subject
Subject
Start@
Stop@
Soil Survey
USGS Topo
A
B
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake
County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24, 000
scale. Features that are checked "Subject" have been located on the property andpossess
characteristics that qualify it to be a stream. There maybe other streams located on your
property that do not show up on the maps referenced above but, still may be considered
jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water
Quality.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority may request a
determination by the Director. An appeal request must be made within sixty (60) days of date of this letter
or from the date the affected party (including downstream and/or adjacent owners) is notified of this
letter. A request for a determination by the Director shall be referred to the Director in writing c% Ian
McMillan, DWQ Wetlands1401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650.
If you dispute the Director's determination you may file a petition for an administrative hearing. You
must file the petition with the Office ofAdministrative Hearings within sixty (60) days of the receipt of
this notice of decision. A petition is considered filed when it is received in the Office ofAdministrative
Hearings during normal office hours. The Office ofAdministrative Hearings accepts filings Monday
Jordan Buffer Letter WC-18-001
Page 2 of 2
through Friday between the hours of 8: 00 am and 5: 00 pm, except for official state holidays. To request
a hearing, send the original and one (1) copy of the petition to the Office ofAdministrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be faxed to the attention of
the Office ofAdministrative Hearings at (919) 733-3478, provided the original and one (1) copy of the
document is received by the Office ofAdministrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department ofNatural Resources,
c% Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within
sixty (60) days.
The owner/future owners should notify the Division of Water Quality (including any other Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the Division of Water Quality (Central
Office) at (919)-807-6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at
(919)-554-4884.
If you have any questions regarding this determination, please contact me at (919) 856-7541.
Respectfully,
Betsy Pearce, CFM, CPSWQ
Environmental Engineer / Consultant
cc: WC File Copy
Attachment
WAKE
COUNTY
NORTH CAROLINA
Environmental
Services
NRCS Sheet 55— Council Land
TEL 919 856 7400
Fax 919 743 4772
Water Quality Division
336 Fayetteville Street • Raleigh, NC 27602
www.wakegov.com
ECOLOGICAL
ENGINEERING
BUFFER
DETERMINATION
PAT MCCRORY
i�
i
Water Resources
ENVIRONMENTAL QUALITY
Town of Cary
CIO Paul Webster
316 N Academy St.
Cary, NC 27513
JUN 2 7 2016
I
Jane 21, 2016
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Buffer Determination Letter
JBRRO #16-181
Wake County
Determination Type:
Buffer
Entermittent/Perennial
❑ Neuse (15A NCAC 26 .0233)
❑ Tar -Pamlico (15A NCAC 2B .0259)
❑ Intermittent/Perennial Determination (where local buffer
ordinances apply)
® Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)
Project Name: Jacks Branch Sewer Alignment
Address/Location: Waite County along Jacks Branch between 1-540 and NC-55
Stream(s): Unnamed Tributaries to Jacks Branch and Jacks Branch
Determination Date: June 17, 2016 Staff: Erin Deck and Rick Trone
Division of Watcr Resources, Raleigh Regional Office, Water Quality Operatiom Section htttrNport€€I.ncc3enr.orgrwch..!wqlaps
1628 Mail Service Ccnter, Raleigh, NC 27699-1628 Rhone: (919) 791-4200
Location: 3800 Barrett Drive, Ralcigh. NC 27609 Fax: (919) 788-7159
Jacks Branch Sewer Alignment
Wake County
6/17/2016
Page 2 of 3
Stream
EIIIP*
Not
Subject
Start r@i Stop@
Soil
USGS
Subject
Survey_To
o
Jacks
P
X
Throughout Project Boundary
X
X
Branch
A
I
X
Off property
Confluence with Jacks Branch
X
B
I
X
Off property
Confluence with Jacks Branch
X
F
P
X
Off property
Confluence with Jacks Branch
X
X
G
I
X
Off property
Approx, 35,770691,-78.881156
X
H
I
X
Approx, 35.77013
Approx. 35.769786
X
-78.881172
-78.880776
1
P
X
Off property
Confluence with Jacks Branch
X
X
J
P
X
Off property
Confluence with Jacks Branch
X
X
W
P
X
Approx.
Confluence with Jacks Branch
X
35.772935
-78,876699
Y
I
X
Approx.
Approx.
X
X
35.772271
35.772071
-78.88157
-78.891883
Z
I
X
Approx.
Approx.35.77287
X
35.773076
-78.883899
-78.83492
*E111P = Ephemeral/Intermittent/Perennial
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Wake
County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each
stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams
that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least
an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;
DWR -- 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty
(60) days.
Jacks Branch Sewer Alignment
Wake County
6/17/2016
Page 3 of 3
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determinati n, please feel free to contact Erin Deck at (919) 791-4200.
S' cerel ,
1
/, f �i
Danny Smith
Supervisor, ater Quality Regional Operations Center
cc: RRO DWR File Copy
Heather Smith, Ecological Engineering, LLP 1151 SE Cary Parkway, Suite 101 Cary, NC 27518
Jacks Branch Sewer Alignment 16-181
f100 _
Legend
w E
Jacks Branch Sewer Alignment Study AreaISM
f f
,L.
0 300 600
1 "=600'
CfItp
TURNMCREEK RD f
Stream Y: Subject ,
—�- �BLE10
5( Stream F: Subject
l
t,
Jacks Branch: Subject
j"
f A l
' r
I
Stream I: Subject
�I
Stream J: Subject
W%. - 11 I
9
C-11SC-3 SW.1/SW.39 'All stream
lines are
�`,
r
' .•- using
• Flags SY-I/SY-8W': rr'�'t' handheld GPS. The linesl
_,: i 11 611 4ir�l
i\� /J / .� ,tip♦✓,/r�� i �. \-v'!'��y~ ` � �� r ��: 5�t
1 5 1 l +� **7,`! Yae lii \ 1 \ ._� 1,-r•
a +
r iJ \ _ / �♦ �\ � r
have not been surveyed.
.
ku
Z.
�I-l}�I // / 5 -I � y ♦ kkl. >� - ,��e - '�:.� �� 1� � 1 � �!v 'i+ {�°raj ♦
lllfff yi `.4 L- •\ \,\ . •'�i+�,,1/ ���ti\\�: 4r . �y 4 l t \♦\,�
5 ♦ �\ � , tiJ4/ 1S l �:./C\` 1 - \^ l l 1 1./ 3-� Twc ` - — r� _� ♦� � � "�� ��7` k�
k�l i ^ 5 1' ♦� � t i�! f' /�\ ! t f:� � l .�J /� �_� i♦�� v tom_. ` _♦ �:.M1\♦\, 1��
I�` .rK t � -' � \111,4 S If, frl r !r ; ti 1 1 I � /i%r^�� ♦ r— ��3
11111 \ F ,� ♦ / \ J J
\1 r 111\ 1 / r a'`a• �" r -,� YI� _ `♦ 5 f .\ /J/// �♦ \ 11 // /'
_t4-F / [ +tll /� 51441 � r ♦_ .—� ; �\�i-. may! !y' S ��, \l4 1
«+ 4Q I 1 .� ✓ � \ \\ �-4 t11, r ia��,9rf•� t�♦\.\1♦� I
r! � ra �•\it 5 4� \ ♦ a. ; + ry.�.,� 6 ; ♦ ♦` \ tC 1.1 J114 I � rr( � ` � � � ♦,�
,k, :.�i'�9ilkk`1�JlJr�l,� �A���� /i/ \ .. .j~ � \lyd�l�l�isy 1 /!��%��� \♦\`\11,ti ';•rl
,y ,
ECOLOGICAL ENGINEERING
PRELIMINARY
JURISDICTIONAL
DETERMINATION
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2016-00945 County: Wake U.S.G.S. Quad: NC -Green Level
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Town of Cary / Paul Webster
Address: 316 N. Academy Street
Cary, NC 27519
Telephone Number: 919-462-3933
Size (acres): +- 85 Nearest Town: Cary
Nearest Waterway: Jacks Branch Coordinates: 35.7723791 N,-78.8890771 W
River Basin/ HUC: Cape Fear / 03030002
Location description: The project area is for the Jacks Branch Sewer Alignment, located on twenty parcels near
Wade Road and I-540, Cary, Wake County, North Carolina. See attachment for detailed locations.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area.
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). 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.
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 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.
_ 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 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 timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must 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. 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 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 USG § 1311). Ifyou have any questions regarding this
determination and/or the Corps regulatory program, please contact Tasha Alexander at 919-554-4884, ext. 35 or
tasha.l.alexander@usace.army.m il.
C. Basis for Determination:
Based on information submitted by the applicant, the project area appears to exhibit criteria for waters of the
U.S. as defined in 33 CFR 328 the JD Guidebook i.e. Ra anos Guidance the 1987 Wetland Delineation
Manual and the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. The
approximate boundaries of the potential waters of the U.S. are depicted on the updated maps dated May 2016
labeled Figure 4A, 413, 4C, 413, and 4E.
D. Remarks: Site visit conducted on June 1, 2016 with Heather Smith- Ecological Engineering and Eric Kulz-Town
of Cary. Changes made during site visit to Figure E. Updated map provided.
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 del ineation/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. If you object to this
detennination, 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
detennination 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 10M15
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.
**It is not necessary to submi FA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Officia .
Tasha lnxaer
JIssue Date of JD: June 27, 2016 Expiration Date: NIA
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 Custotner Satisfaction Survey, located online at
bttij:flrev-ulatorv.usacesur vev.com/.
Copy furnished: Heather Smith, Ecological Engineering, LLP, 1151 SE Cary Parkway, Suite 101, Cary, NC 275 t8
Applicant:
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Town of Cary / Paul Webster File Number: SAW-2016-00945 Date: June 27, 2016
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
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 may be found at littp://www.usace.army.mil/Missions/CivilWorks/RepulatoryProgramandPer►nits.aspx 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 the pen -nit 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 pennit 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 tinder 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.
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 11 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 I1. 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: Tasha Alexander CESAD-PDO
828-27I-7980 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
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 opportunity to participate in all site investi rations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Tasha Alexander, 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 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
May 10, 2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Authorized Agent: On behalf of:
Heather Smith, Project Scientist Town of Cary
Ecological Engineering, LLP 316 N. Academy
1151 SE Cary Parkway, Suite 101 Cary, NC 27512
Cary, NC 27518
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PI JE LOCATION(S) AND BA BACKGROUND t FOR C)0 qqS Tom' y �Aa,ISe`
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) �f �+K.+�
State: NC County/parish/borough: Wake City: Cary
Project Name: Jacks
Branch Sewer
Alignment
Estimated
Site
number
Name of nearest
waterbod
Latitude
Longitude
Cowardin
amount of
Class of aquatic resource
Y
Class
aquatic resource
in review area
1
SA
35,772426 N
-78,889035 W
N/A
1,067 linear feet
non -section 10
2
SB
35.772002 N
-78.886657 W
N/A
769 linear feet
non -section 10
3
SC
35.7719 N
-78.8897 W
N/A
1661inear feet
non -section 10
4
SD
35.7725 N
-78.8894 W
N/A
164 linear feet
non -section 10
5
SF
35.7773 N
-78.8843 W
N/A
1,675 linear feet
non -section 10
6
SG
35.7708 N
-78.8817 W
N/A
646 linear feet
non -section 10
7
SH
35.7700 N
-78.8813 W
N/A
289linear feet
non -section 10
8
SI
35.7709 N
-78.8785 W
N/A
632 linear feet
non -section 10
9
SJ
35.7702 N
-78.8762 W
N/A
555linear feet
non -section 10
10
Sw
35.77155 N
-78.87768 W
N/A
611 linear feet
non -section 10
11
SX
35.77162 N
-78.87953 W
N/A
64linear feet
non -section 10
12
SY
35,77209 N
-78.88177 W
N/A
125linear feet
non -section 10
13
5z
35.77297 N
-78.88371 W
N/A
122 linear feet
non -section 10
14
Jacks Branch
35.771631 N
-78,88371 W
R2
4509 linear feet
non -section 10
15
WA
35,772379 N
-78.889077 W
PF01C
0.50 acres
non -section 10 -wetland
16
WB
35.773331 N
-78.888037 W
PFOIC
5.63 acres
non -section 10-wetland
17
WC
35.7715S2 N
-78,882184 W
PFOIC
2.04 acre
non -section 10 -wetland
18
WD
35.770869 N
-78.881817 W
N/A
0.08 acres
non -section 10 -wetland
19
WE
35.769941 N
-78.88131 W
N/A
0.19 acres
non -section 10 -wetland
20
WF
35.769854 N
-78.880695 W
N/A
0.10 acres
non -section 10 -wetland
21
WH
35.770597 N
-78.878469 W
N/A
0.03 acres
non -section 10 -wetland
22
WI
35.770419 N
-78.877912 W
N/A
<0.01 acres
non -section 10 -wetland
23
WJ
35.769719 N
-78.877895 W
N/A
0.05 acres
non -section 10 -wetland
24
WK
35.772225 N
-78.877109 W
N/A
0.08 acres
non -section 10 -wetland
25
WM
35.77014S N
-78.877109 W
PF01
<0.01 acres
non -section 10-wetland
26
WQ
35.771719 N
-78.877635 W
N/A
<0.01 acres
non -section 10 -wetland
27
WR
35.771802 N
-78.878525 W
N/A
0.01 acres
non -section 10-wetland
28
ws
35.771802 N
-78.878525 W
N/A
<0.01 acres
non -section 10 -wetland
29
WT
35.771677 N
-78.878664 W
N/A
0.02 acres
non -section 10 -wetland
30
Wu
35.771652 N
-78.880118 W
N/A
0.05 acres
non -section 10 -wetland
31
Wv
35.772337 N
-78.881503 W
N/A
0.03acres
non -section 10-wetland
32
WW
36,771926N
-78.882007W
N/A
0.67acres
non -section 10-wetland
33
WX
36.772414 N
-78.883420 W
N/A
0.08 acres
non -section 10 -wetland
34
WY
35.772557 N
-78.883883 W
PF01C
0.19 acres
non -section 10-wetland
35
W7
35.773234 N
-78.883679 W
N/A
0.05 acres
non -section 10 -wetland
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal: n/a
Non -Tidal: n/a
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: G - ;L7-9LD1(p
® Field Determination. Date(s): 4-26-2016 and 4-27-2016
�kMitd -lyk, ok d v-A 4 - I .- air Lo
1. The Corps of Engineers believes that there may be jurisdictional 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 1D 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 of jurisdictional 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:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
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: 1:24,000 Green Level, NC.
® USDA Natural Resources Conservation Service Soil Survey.
Citation: NRCS Web Soil Survey & Soil Survey of Wake County, 1970
❑ National wetlands inventory map(s).
Cite name: USFWS online NWI mapper.
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):2013 NCOneMap.
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 b
the Corps and should not be relied upon for later 'urisdictional determinations.
(REQUIRED)
a9 �"t a�rCP
0
6-28-2016
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the
signature is impracticable)
/
«.6�
L \
/
��
R
, Al .:
-� . . girA I
J,
INM` 1 . Ati
X,
0 edo, 4
-33 TT Jacks Branch' WG
014,
411, 01 do
0
�t
,J
a
a ,�
IRR
P"M
4
I I y"R, N-IP
IBM,
I Ij LX v v v v - i v I I %J I
- L)
WW-46 & WVV-47
TT Jacks Branch
Unnamed Streams
Jacks Branch
Wetlands
r.
r - -� - '/ "".}ice .rrr r�",� .5y'' f., * *• •
SI-1 TT Jacks Branch
;� r< • ti j r Jar%j,
All wetland and stream
f ' ®•. r
areas are rmadelusin
• a handheldf
een
'The lines have not b
I G ,I �r 0 •t1 '� r1
ranch
f� �''�'�i C, •' a 4 r�a4'Pkjk /s f r O E 1
.. ,`���l.�il•1.� r'. _. /i'�..3r�`l, f1�.1.'+��.+. .�7� '� .r'�+��i�.'•.•�� � f` ..eY�
d
i
f
r