20150995 Ver 2_04_Approved 404 NWP 18 - Park Depot Greenway - SAW-2015-01053_20190328

U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action Id. SAW-2015-01053 County: Walce U.S.G.S. Quad; NC-FUQUAY-VARINA
G�NERAI. PERMIT (Ii�GIONAL AND NATIONWIDE) VERIFICATION
Permittee: Town of Fuquav-Varina
_ - T........-Cte..hnHgg - " _ _ _ _ —_ —_—_ - _ _ _ —_ - _
Address: 401 Old Honevcutt Rd
Ni�auav-Varina NC, 27526
Telephone Number: 919-753-1039
Size (acres) Nearest Town Fuauav Varina
Nearest Waterway Black Creek River Basin Uouer Neuse
USGS HUC 03020201 Coordinates Latitude: 35.5790581680812
Longitude:-78.7581074111299
Location desciiption: Proposed ¢reenwav trail ( 2 000 feet lonel between the sonthern boundary of Honevcutt Road Parlc, on
the south side of Honevcutt Road to the existine trail on the east side of NC Hiehwav 55 in the South Lakes Subdrv�s�on
approximatelv 1900 feet south of Old Honevcutt Road east of Fuquav-Varina, NC
Description of projects area and activity: This nermit verifcation allows for 0 03 acre of oermanent wetland impacts from fill
associated with the construction of the Park Depnt Greenwav trail. No mitisation is reauired for this proposal.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18 Minor Discharees.
SEEATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the abave referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 09/25/2015. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee ta a stop work order, 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 authorization is modified,
suspended or revoked. If, prior to tlie expirarion date idenrified below, the nationwide pennit authmization 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 natiouwide pemrit 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 conshucrion) or aze under conhact to commence in reliance upon the nationwide pennit, will remain authorized provided the
activity is completed within twelve months oF the date of the nationwide permiYs expiration, modification or revocarion, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revolce the au�orization.
Activities subject to Section 404 (as indica[ed above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to detercnine Section 401 requixements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C, Division of Coastal Management in Morehead City, NC, at [phone].
Tlvs Department of the Anny verification does not relieve the permittee oF the responsibility to obtain any other required Federal,
State or local approvaLs/permits.
If there aze any ques6ons regazding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatoiy
program, please contact Jsmes Last' er at 919-554-4884 x32 or James.C.Lastin er usace.arm ,mil.
Corps Regulatory Offici :� Date: 10/20/2015
Expiration Date of Veri icati n: 03/18 Ol

SAW-2015A1053
Determination of Jurisdiction:
A. � Based on preliminary information, there appear to be waters of the US including wetlands within the above desccibed project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
— - —�� ---- - -- — -- - - --
B. 0 There are Navigable Waters of the United States within the above described project area subject to the pemilt 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 regulatioas, 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 witt�in the above described project area subject to the permit requirements of
Secrion 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 jwisdicrional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action 1D: SAW- .
Basis For Determination:
Remarks: Please reterence the attac6ed Preliminary iurisdictfonsl determination form
E. Attention USDA Program Participanta
This delineationldetermination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particulaz site
identified in this request. 7'he delinearion/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 determinarion from the local office of t6e Natural Resources Conservarion Service, prior to starting work.
F. Appeals Informatlon (This information applies only to approved jurisdictiooal 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
detemination, 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 Focsyth Strcet SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, tt�e Coips must deterruine 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 RFq form, it must be received at the above address by
�`*It is not necessary to submit an A form to the Division Office if you do not object to the determination in this correspondence.'"+
Co�ps Regulatory Official: �
James L mger
Date of JD: 10/20/2015

SAW.2015-01053
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continua to do so, please complete our customer Satisfaction Survey online at http://regulatory.usacesurvev.com/.
Copy fiunished:
Attn: Itoss Sullivan
Address: 3001 Weston Parkwav
Carv. NC. 27513
Telephone Number:

RECEIVEC�
SEP 2 5 2015
RALEIGH REOULATORY
FIELD OFFICE
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION _ _____ _____--------
A. REPORT COMPLETION D� E F�O_ R PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): � � � ��� —
B. N'AMEoAND ADDRESSaO FhPERSON REQUESTING PRELIMINARY JD:
3001 Weston Parkway; Cary, NC 27513
C. DISTRIGT OFFICE,�I � NAME�,,A� NUMBER: q] „�� o/��
C� -5 �-2 ., r..- S
U
p, pI�OJECT LOCA ION(S) AND BACKGROUpND� ORMA�TI�O�
�� /J� 4 4 ���o .Yri� �
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Wakeco���v Clt�/: Fuquay-Vari�
Center coordinates of site (lat/long in degree decimal format):
Lat. se.s�ass� °N; Long. �875asm °W�
Universal Transverse Mercator: ��
Name of nearest waterbody: B�a°k aeek
Identify (estimate) amount of waters in the review area:
Non-wetland waters:
ss� linear feet: a-e� width (ft) and/or N/A acres.
Cowardin Class: R��e��"e
Stream Flow: Pe�e""iai �sA>
Wetlands: o.aa acres.
COWaf(:III G�BSS: Palusfdne(WA)
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): �-�,, , 1 � ��L��
� Office (Desk} Determination. Date: _��
— — — — — — — — — — —
-- — — —
_ — — —-ie e ermina ion. a e s�—
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, pians, plots or plat submitted by or on behalf of the
applicant/consultant: K�miey-H°rn
� Data sheets prepared/submitted by or on behalf of the
ap p I ica nt/co n s u Itant.
�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: F�Q�ay-var�°a (�:za,000�
� USDA Natural Resources Conservation Service Soil Survey.
Citation: Wake co��tv ��s7o�
� National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
�, FEMA/FIRM maps:
� 100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
0✓ Aerial Name&Date): ESR�BasemaP°""°'"'a9e"�a°�s�ed5'S'Z°'S�°r
✓� Photographs: i
� Other (Name & Date):
� Previous determination(s). File no. and date of response letter:
� Other information (please specify):

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 __ ____
— — �eques an o ain an approveTjuns ic ion� e ermina ion or a si e.
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-consfruction 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 appraved
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 applicanYs 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 ofjurisdictional 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
affecfed by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarilv been verified bv the Corps and should not be relied upon for
later iurisdictional determinations.
� /�`"�
a°d� P �
�� � �� 9/21/2015
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unlessobtaining
the signature is impracticable)

Estimated
Site amount of
number Latifude Longitude Cowardin Class aquatic
resourcein
SA
35.578285 � -78958125 � Riverine
831inear feet
wA
35.579360 I -78.759873 I Palusirine
0.44 aeres
Class of aquafic
resource
non-seation 10 —
non-tidal
non-sactlon 10—

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Action ID Number: SAW-2015-01053 County: Wake
Permittee: TownofFuquav-Varina
Attn: Tracv Stephenson
Project Name: Town of Fuuuav-Varina Park Depot Greenwav Trail TIP U-5530GA DivS
--- -- — — ----- — — ------- — — _ — — -- --
Date Verification Issued: 10/20l2015
Project Manager: James Lastinger
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
Raleigh Regulatory Field Of�ce
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the suthorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
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

NOT1FdCATION OF ADMINISTRATIVE APP�AL OPTIONS AND PROC�SS AND
R�QUGST FOR APPEAL
Applicant Town of Fuquay-Varina
ched is:
1NITIAL PROFPERED P�RMIT
PROFFERED PERMIT (Standarc
PERMIT DENIAL
APPROVED JURI
Permit or Letter of
Pennit or Letter of
TION
PRELIMINARY JiJRISDICTIONAL DETERMINATION
0
0
�
SECTION I- The following identifies your rights and options regarding an adminisnative appeal of the above decision.
Additional information may be found at or hlt�r/hvw�v usace armv mil/Missions/Civil Worl�s/ReeulltorvPro�ramandPermits.asus
or the Coros reQulations at 33 CFR Pait 331.
A: INITIAL PROFFERED P�RMIT: You may accept or object to the permit.
ACCEPT: If you received a Staudard Permit, you inay sign the permit document and retmn it to the clistrict engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP aud your work is authorized. Your
signature on the Standard Permit or acceptauce of the LOP means that you accept the permit in its entirety, and waive all
riglrts to appeal the permit, including its tenns and conditions, and approved jm�isdictional determniarions associated with Yhe
permit.
OBJECT: If you object to the pennit (Standaid or LOP) because of certain terms and conditions therein, you may request
that Yhe pennit Ue �nodified accordingly. You must complete Section II of tliis form and reYurn the form to the district
engineer. Your objectious must Ue received Uy the district engineer withiu 60 days of the date of this notice, or you will
forfeit your right to appeal Yhe permit in the future. Upon receipt of yo�u� letter, tl�e dish-ict engineer will evaluate your
objecTions and inay: (a) modify tlie permit to address all of your concerns, (b) inodify the peimit to address some of your
objections, or (c) not modify the permit having deYennined thaY Yhe peirriit should be issued as previously written. After
evalua4ing your oUjections, the district engineer will senci you a proffered pennit for yoLu reconsideration, as indicated in
Section B below.
B: PROFFERED P�RMIT: You may accept or appeal the permit
• ACCEPT: If yoti� teceived a SYaudacd Permit, you may sign tl�e permit docuiilent and rehirn it to the dish�ict engiueec for final
autl�orization. If you received a Letter of Permission (LOP), you may accepT the LOP aud your work is authorized. Your
siguature on tlie Standatd Pennit or acceptanee of the LOP meuis that you accept the permit in its entirety, and waive all
rights to appeal fl�e pennit, inclnding its teims and condirions, and approved jm-isdictional detenninations associated with the
pennit.
• APPEAL: If you choose to decline the proffered pennit (Standud or LOP) because of certaiu terms and conditions therein,
you may appeal the declined pennit mider the Corps of Enginoers Administrative Appeal Process Uy completi»g Section II of
this form and sending tUe form to the division engnieer. This fonn must be received by the division engineer within 60 days
of tl�e date of This notice.
Date: 10/20/20] 5
See Section below
C: PERMIT DENIAL: You may appeal the denial of a pennit under the Coips of Engineeis AdminisYrative Appeal Process by
complering SecYion II of this form and sending the form to the division engineer. This form must be received by tlie division
engineer within 60 days of tlie date of tl�is notice.

D: APPROVED JiJRISDICTIONAL D�TERMINATION: You may accept or appeal tlie approved JD m provide new
information.
ACCEPT: You do not need to notify Yhe Corps to accept an a�proved JD. I'ailure to notify tl�e Corps witl�in 60 days of the
date of this notice, meuis tl�at 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 Coips of Engineers
Administrative Appeal Process Uy completing Section II of this fmm and sending the form to Yhe district engineer. This form
uiust Ue received bv the division_eugineei_within 60 days_of the date of tl�is notice. _
E: PRELIMINARY J UI2ISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminaty JD. The Preliminary JD is not appealable. If you wish, you may requesC au appeoved JD (which may be appealed),
by contactu�g the Corps disYrict for fiutl�er instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the ID.
SECTION II - RCQUEST FOR APPEAL or OBJECT[ONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yow reasous for appealing the decision or yoLir objections to an initial
proffared permit in clear concise statemenYs. You may attach additional infonnation to this foim to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of Yhe adminisYrative rocord, the Coips memorandum for the
record of the appea] conference or meefing, and any supplemental iuformarion Yhat the review officer has determined is needed to
clarify the adminisYrative record. Neither tlie appellant nor the Coips may add new iuforniation or analyses to the record.
However, yon may providc addiYional information to clarify the location of information that is already in the adroinish�ative
rewrd.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding fhis decision and/or tl�e If you only have questions regarding the appeal process you may
appeal process you may contact: also coutact:
� District �ngineer, Wilmingtmi Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
RaleigU Regulatory Field Office CESAD-PDO
Attn: James Lastinger U.S. Army Corps of Engineers, Sotrtti Atlantic Division
333] Heritage Trade Dr., suite 105 60 Foisyth Sh�eet, Room 1OM15
Walce Forest, NC 27587 Atlanta, Georgia 30303-8801
919-554-4884 ext32 Phone:[phone]
RIGHT OF ENTRY: Your signahu�e below grants the righY of ent�y to Corps of Engineers persomiel, and any goveilm�ent
consultants, to conduct i�ivestigations of the project site dnring the course of the ap�eal pirocess. You will be provided a 15 day
noTice of any site investigation, and wi11 have Yhe opportunity to participate in all site investigaYions.
Date: Telephone uumber:
Siguature of appellant or agent.
For• appeals on Inilial Fr•offef•ed Pef•mtts send this fori�z to:
District Engiueer, WIImington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Pern2it deniaGs, Proffered Permits arrd approved J�n•isdictionn[ Deternxinations sehd this form to:
Division Engineer, Commander, U.S. Army Engiueer Division, Sm�th Atlantic, Attn: Mr. Jason Steele, Administr�ative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]