20130891 Ver 1_More Info Received_20140430

Strickland, Bev
From: Jay Keller <[e-mail]>
Sent: Wednesday, April 30, 2014 4:37 PM
To: Strickland, Bev
Subject: Yates Mill Estates; 13-0891
Attachments: Yates Mill Estates 404permit 4-29-14.PDF
Hope you're doing well Bev. Attached is the 404 permit for Yates Mill Estates. I would appreciate if you could
file. Thanks & have a good week. Jay
www.kellerenvironmental.com

U.S. ARMY
Action Id. SAW- 2013 -01960
GENERAL PERMIT (REG
Permittee:
Rex Frazier
Address: 129 Maltland Drive
Cary, North Carolina, 27518
Telephone Number:
919 - 427 -7645
Size (acres)
70.03
Nearest Waterway
Swift Creek
USGS HUC
3020201
Location description:
/DT1V- n -19
Description of projects area and activity:
IRPS OF ENGINEERS
GTON DISTRICT
Wake U.S.G.S. Quad: NC -LAKE WHEELER
UL AND NATIONWIDE) VERIFICATION
Nearest Town Car
River Basin Neuse
Coordinates Latitude: 35.7329
Longitude: - 78.7311
Applicable Law: N Section 404 (Clean Water Act, 3 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 18 _
SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance wi
Conditions, your application signed and dated March 31, 2014, and the enclosed plans Sheets C2, C5, C6, ai
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
restoration order, a Class I administrative penalty, and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authori2
suspended or revoked. If, prior to the expiration dates identified below, the nationwide permit authorization
modified, this verification will remain valid until the expiration date identified below, provided it complies with
the modified nationwide permit. If the nationwide permit, authorization expires or is suspended, revolted, or is mot
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have cc
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authc
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or
discretionary authority has been exercised on a case -by -cake basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) i
should contact the NC Division of Water Quality (telepl
For activities occurring within the twenty coastal couE
prior to beginning work you must contact the N.C. Divi;
This Department of the Army verification does not re
.State or local approvals /permits.
If there are any questions regarding this verification,
program, please contact David Shaeffer at 919 - 554 -48'
Corps Regulatory Official:
Expiration Date of Verification: 3/18/2017
also require an individual Section 401 Water Quality
919- 807 -6300) to determine Section 401 requirements.
subject to regulation under the Coastal Area Mar.
of Coastal Management in Morehead City, NC, at
the permittee of the responsibility to obtain any
of the conditions of the Permit, or the Corps of
Date: 4/29/2014
the enclosed
Figures 1 -4. Any
op work order, a
)n is modified,
reissued and/or
requirements of
;d, such that the
aenced (i.e., are
ed provided the
✓ocation, unless
-rtif You
mt Act (CAMA),
808 -2808.
required Federal,
ineers regulatory

SAW - 2013 -01960
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above c
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permi
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in t
published regulations, this determination may be relied upon for a period not to exceed five years from the date
notification.
C. ® There are waters of the US and/or wetlands within
Section 404 of the Clean Water Act (CWA)(33 USC t
this determination may be relied upon for a period not
the above described project area subject to the permit
1344). Unless there is a change in the law or our put
to exceed five years from the date of this notification.
cribed project
)peal Process
;quirements of
law or our
this
- ments of
regulations,
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Action ID:', SAW-
Basis For Determination:
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to ide
identified in this request. The delineation/determination i
Act of 1985. If you or your tenant are USDA Program p,
a certified wetland determination from the local office of
F. Appeals Information (This information applies
above).
This correspondence constitutes an approved jurisdiction
determination, you may request an administrative appeal
Notification of Appeal Process (NAP) fact sheet and regi
must submit a completed RFA form to the following add
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OMIS
Atlanta, Georgia 30303 -8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Cor
under 33 CFR part 331.5, and that it has been received b:
decide to submit an RFA form, it must be received at the
* *It is not necessary to submit an RFA form to the Divis
Corps Regulatory Official: I ) <=2--
David L. Shaeffer
Date of JD: 4/29/2014
Expiration Date of JD: 4/29/2019
f tify the limits of Corps' Clean Water Act jurisdiction for
ay not be valid for the wetland conservation provisions c
-ticipants, or anticipate participation in USDA programs,
he Natural Resources Conservation Service, prior to star)
particular site
e Food Security
should request
work.
to approved jurisdictional determinations as indi�ated in B and C
determination for the above described site. If you object
ider Corps regulations at 33 CFR Part 331. Enclosed you
;t for appeal (RFA) form. If you request to appeal this del .
s must determine that it is complete, that it meets the crit
the Division Office within 60 days of the date of the NA
above address by June 28.2014.
>n Office if you do not object to the determination in this
;o this
will find a
you
r for appeal
Should you

SAW- 2013 -01960
The Wilmington District is committed to providing the highest level of support to the public. To help use sure we
continue to do so, please complete our customer Satisfaction Survey online at httP:/ /re uulator .usacesurve
Copy furnished:
Agent: Stewart & Proctor Surveying''and Engineering
Michael Stewart
Address: 319 Chapanoke Rd, Ste 106
Raleigh, NC, 27603
Telephone Number: 919 - 779 -1855
Agent: Keller Environmental
Jay Keller
Address: 7921 Haymarket Lane
Raleigh, NC, 27615
Telephone Number: 919 - 749 -8259

Action ID Number: SAW- 2013 -01960 County: Wake
Permittee: Rex Frazier
Project Name: Rex Frazier, Yates Mill Estates
Date Verification Issued: 4/29/2014
Project Manager: David L. Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by tl
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. Arn
Engineers representative. Failure to comply with any terms or conditions of this authorizal
result in the Corps suspending, modifying or revoking the authorization and /or issuing a Cl
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been complete
accordance with the terms and condition of the said permit, and required mitigation was cc
accordance with the permit conditions.
Signature of Permittee
Date
permit,
Corps of
a may
sI
in
in

Rex Frazier
Attached is:
❑ INITIAL PROFFERED PERMIT (Standard Permit
❑ PROFFERED PERMIT (Standard Permit or Letter
❑ PERMIT DENIAL
® APPROVED JURISDICTIONAL DETERMINAT]
F1 PRELIMINARY JURISDICTIONAL DETERMIN
A: INITIAL PROFFERED PERMIT: You may
File Number: SAW- 2013 -01960 I Date: 4/2)/20
See Section below
r Letter of permission) _ A
' permission) B
C
IN D
TION _ E
or object to the permit.
14
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 sociated with the
permit.
OBJECT: If you object to the permit (Standard or
that the permit be modified accordingly. You must
engineer. Your objections must be received by the
forfeit your right to appeal the permit in the future.
objections and may: (a) modify the permit to addre
objections, or (c) not modify the permit having det,
evaluating your objections, the district engineer wi
Section B below.
B: PROFFERED PERMIT: You may accept or
OP) because of certain terms and conditions therein, yi
omplete Section II of this form and return the form to t
istrict engineer within 60 days of the date of this notic
Jpon receipt of your letter, the district engineer will e�
all of your concerns, (b) modify the permit to address
mined that the permit should be issued as previously v
send you a proffered permit for your reconsideration,
the permit
may request
district
or you will
uate your
)me of your
tten. After
indicated in
• 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 a sociated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and co ditions 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 ppeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received b the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL
information.
: You may accept or appeal the approved JD or provide new
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps withi
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engii
Administrative Appeal Process by completing Section II of this form and sending the form to the district en
must be received by the division engineer within 60, days of the date of this notice.
60 days of the
rnroved JD.
This form

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.
PER1�r111
�
S)G >,TOT IriI_Q�(1. API?EAL ar OBJEC #1_ 5I Q AN INTTT2,L PRQFFERD
tg
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objet
ions 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 mell.
orandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has detern
ined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to tf
e record.
However, you may provide additional information to clarify the location of information that is already in the adi
finistrative
record
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, Attn:
Mr. Jason Steele, Administrative Appeal Review Officer
David Shaeffer
CESAD -PDO
U.S. Army Corps of Engineers, South Atlantic DiN
ision
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303 -8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any g
vernment
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.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Shaeffer, 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, Ad
Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801
Phone: [phone]
Appeal