20150995 Ver 2_03_Signed_pjd - Park Depot Greenway - SAW-2015-01053 2_20190403

SpW-2015-01053
Determination of Jurisdiction:
A. � Based on preliminary information, there appear to be waters of the US including wetlands witbin the above described project
area. This prel'uninary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. Q There are Navigable Waters of the United States within the above described project area subject to the pemut requirements of
Section 10 of the Rivers and Hazbors Act and Section 404 of the Clean Water Act. Unless there is a c6ange 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 tbis
notification.
C. 0 There are waters of the US and/or weUands within the above described project area subject to tUe pennit 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 reGed upon for a period not to euceed five years from the date of tt�is notification.
D. 0 The jurisdictional areas within the above described project area have been idenriFied under a previous acrion. Please reference
jurisdictional determinarion issued . Acdon 1D: SAW- .
Basis For Determination:
Remarks: Please reference the attached Pre6minary turisdictional determination torm.
E. Attention USDA Program Participants
This delineationldetermination has been conducted to identify the limits of Corps' Clean V✓ater 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 wefland determination from the local office of t6e Natural Resources Conservation Servica, prior to starting work.
F. Appesls Information (This information applies only to approved jurisdictional determinatious as indicated in B
and C above).
This conespondence constitutes an approved jurisdictional determination for the above described site. lf you object to tltis
determination, you may request an administcative 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 tt�e Corps, the CoTps must determine t6at it is wmplete, that it meets the criteria for appeal
under 33 CFR paR 331.5, and that it has been ceceived 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 tk�e 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 wnespondence.t•
Corps Regulatory Official: i
James L � mger
Date of JD: 10/20/2015

SAW-2015A1053
The Wilmington Dishict is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http://re¢ulatory.usacesurvev.com/.
Copy furnished:
Attn: Ross Sullivan
Address: 3001 Weston Psrkwav
Carv, NC. 27513
Telephane 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—

�
��. r;
� r' � � ,- ,.'
-r �.` �;,i�:�' �. � ��4 .
�.�� � �
�i
a
s . '.
. � r'�„��a:n
�•�, i '�1.� �� '.n.:� �T~,�4' �
- - " � P' . -.Y"�,".,-
! �9�"f �� �. t�
,d ��� r f _!`��I =�
�: �
-� ..
.-, � . � �
��-��
e v / /
: �P ,5
. �.v. r1 �� $ �. ';f-� r 'r'�] -,�� �'!f,
�?� lt s � - ��' p � ,�, af1 . J 5
' � ' ," ' - _ I ./'� .0.:�tf �t I !+"^ �/� %4,��f.
�•h�/ .r�� :' /f � k�,T �
y � �� / 4 �
1 _.. a) .. 1�- a. ��["�S,��'Y'��/ �y Aj_ �y ..Y. s i / i 1��
7`- +• f 1 •�*�i �i' � �'f X� .. ' l P . �
'� . . ' - � �i � .. �'i�+. ��.
f , . . ' -f» � :k..'�� ' , . '_ _{11�
�� };�.�: M '�.N _ e� r
'. ..r:,
1:5 .' , . . - � ,Y; � t'v ` � iy;._ , . , ,i �{
� � ;, y. E*", ..�; . , �
� , r -�
.,. � _ a
�' WA +
�r ;; y� ,
�� .y r�... ••F ��� f- �` , 1t,+ . �
�,� . ��_ S� _a:t�;...Ja..._ ... _ . .. . . .. .. ._ . . ` . `��.
r d'- . .
a.x � ��- - -.ej
, ,�
�
— �
.�J ^ ;^�
�`
!�'�••• �.��`,����d�r.�y
� LL14
r
-;' (� fl 1 r��� 6J��.�
� '�Iy I �- ..
�r� < <� ;:i
a:-� � F ;�,,
`' ��" L � �
_��. a�!.�'
� � ��
r`;.r�� -i. -
� ��` ��
s"
a� 'R
a r �'�#�: .
r `t y�+ ' ` �
`�. � �- -
� ??: '�
_�
� l � �_1 . � � t .
r �:
� � `' � �
"d ,� s
?r:' .
.' Y�
' k'
. y •�—�� � �� �
�'{�ef,$i,�.�`rt�'�'�r�� + �..ii t- '�
�� � ,
I
��j. _ •.�i � .
r
N�• � �.. ``^ . �
S ._ .
r��.,r �"'b �'' •Y , _ �
s�`���.��

Action ID Number: 5AW-2015-01053 County: Wake
Permittee: Town of Fuquav-Varina
Attn: TracV Stenhenson
Project Name: Town of Fuquav Varina Park Depot Greenwav Trail TIP U-5530GA DivS
Date Verification Issued: 10/20/2015
Project Manager: James Lastineer
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 Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., auite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corpe of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization 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 OP ADMINISTRATIVIG APP�AL OPTIONS AND PROC�SS AND
R�QUGST FOR APPEAL
Applicant Town of Fuquay-Varina File Number: SAW-2015-01053 Date: 10/20/20]5
INITIAL PROFFERED PCRMIT (Standaid Permit or Letter of
PROFFERED PERMIT (Standard Permit or Letter of perinissio
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY NRISDICTIONAL DETERMINATION
See Section below
SECTION I- The following identifies your rights and options regarding an adminisnative appeal of the above decision.
Additional infonnation may be found at or Iritsr//ww�v usace armv mil/Mis�ions/Civil Worlcs/Re��idatoitiPro�ramandPennits.asus
or the Coips regulations at 33 CFR Pait 331.
A: INITIAL PROFFERED P�RMIT: You may accept or object to fhe permit.
o ACCEPT: lf you received a Staudard Permit, you inay sign the pexmit document aud retmn it to tlie district engineer for final
authorization. ff you received a Letter of Permission (LOP), you may accept the LOP aud your work is authorized. Your
signature on the Standard Permit or accepfauce of the LOP means that you accept the permit ai its entirety, and waive all
rights to appeal the permit, including its terms and conditions, aud approved jm-isdictional determinarions associated with t�he
permit.
• OBJ�CT: If you object to the pennit (Standaid or LOP) because of certain terms aud conditions thereui, you may request
that Yhe peimit be inodified accordiugly. You must complete Section II of tliis form aiid retiu�n the form to the disnict
engineer. Yo�u objectious must be received by the distcict enguieer withiu 60 days of the date of fliis notice, or you will
foxfeit your right to appeal Yhe permit in tl�e fut�ire. Upon receipt of your letter, the dish�ict engineer will evaluate your
objections and may: (a) modify tlie permit to address all of your concerlls, (b) modify the permit to address some of your
objections, or (c) not modify tho permiY having deYennined thaY Yhe pei7nit shonld be issued as previously written. After
evaluating your objections, the dish�ict e��giueer will send you a prof�Pered pennit Por yonr ceconsideration, as indicated in
Section B below.
B: PROFFERED P�RMIT: You may accept or appeal the permit
• ACCEPT: If you reeeived a Staudacd Pe�n�it, you may sign the pe�mit docuiiient and return it to the clish�ict engiueer �For final
authorization. If you received a Letter of Pennission (LOP), you may accepT the LOP aud your work is authorized. Your
siguature on tlie Standard Pennit or acceptance of the LOP meaus that you accept the permit in its enrirety, and waive all
rights to appeal the penuit, inclnding its Yenns and conditions, ancl approved jm-isdictional detern�inations associated with the
pennit.
• APPEAL: If you choosa to decline the proffered permit (Staudard or LOP) because of certaiu terms and conditions therein,
you may appeal the declined permiT under the Corps of Engineers Administrative Appeal Process Uy completii�g Section II of
this fonn and sending the form to the division engiuecr. This form must be received by the division engineer within 60 days
of tl�e daYe of this notice.
C: PERMIT DEI�IIAL: You may appeal the denial of a permit uncier the Coips of Engineers AdminisYraTive Appeal Pirocess by
completing Sec4ion II of this fonn and sending the foi�n to the division engineer. This form must be received by tlie division
engineer within 60 days of tlie date of tl�is notice.

D: APPROV�D JLJRISDICTIONAL D�T�RMINATION: You may accept or appeal tlie ap�roved JD or p�rovide uew
information.
ACCEPT: You do not need to notify Yhe Corps to acce�t an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, meaus t]�at you accept the approved JD in its entirety, and waive all rigl�ts to appeal the approved 7D.
APPEAL: Tfyou disagree with the approved JD, yoii may appoal the approved 7D under the Coips of Engineers
tldministrative Appeal Process Uy completing Section II of this f'm m and sending the form to Yhe district engineer. This form
must Ue received bv the division eugineer within 60 days of the date of this noYice. _ __ _
E: PRELIMINARY J UI2I5DICTIONAL DETERMINATION: You do not need to respond to the Corps regarding ttie
preliminaty JD. The Preliminary JD is not a���ealaUle. If you wish, you may request au approved JD (which may be appealed),
by contacSing the Coips disYrict for fiutUer instruction. Also you may provide new information for further consideration Uy the
Corps to reevaluate the ID.
SECTION II - RCQUEST FOR APPEAL or OBJECT[ONS TO AN INITIAL PROPPERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yow reasons for appealing the decisiou or your oUjections to an initial
proffered peimit iu clear concise statemenYs. You may attach additional infonnation to this Porm to clarify where your reasons or
objections are addressed in tl�e adminish�ative record.)
ADDITIONAT, INFORMATION: The appeal is limited to a review of the administraSive record, the Coips memorandwn for the
record of the appeal conference or meeting, and any supplemental information Yhat the review oFFicer has determined is needed to
clarify tl�e administrative record. Neither tlie appellant nor U�e Coips may add new iuformation or analyses to flie record.
However, yon may provide additional infornlation to clarify tlie location of information that is already in the adminish�ative
rewrd.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decisiou and/or the If you only have questions regarding tl�e appeal process you may
appeal process you may coutact: also contact:
� DistricY Cugineer, Wilmington Regulato�y Division, Mr. ]ason Steele, Administrative Appeal Review Officer
RaleigU Regulatoey Field Office CESAD-PDO
Attn: James Lastinger U.S. Army Coips of Engineers, Soutli Atlantic Division
333] Heritage Trade Dr., suite ]OS 60 Focsyth Stceet, Rootn 1OM15
Walte Forest, NC 27587 Atlauta, Georgia 30303-8801
919-554-48R4 ext 32 Pl�one: [phone]
RIGHT OF ENTRY: Your signahu�e below grants the right of eut�y to Coips of Engiueers �ersomiel, and any govermnei�t
cousiiltants, to conduct invesTigations of the project site during the cowse of the ap�eal procoss. You will be provided a 15 day
noTice of any site investi-ation, and will l�ave the opportunity to participate in all site investigaYions.
Date: Telepllone uumber:
Siguature of appellant or agent.
For appeals on Initial Pr•offef•ed Pei•mtts senrl this forr�z tn:
District Engiueer, Wilmington Itegulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wihni�gton, North
Carolina 25403
For Permit denials, Prnffere�l Permits and approved Jin•isdictionn[ Deternzinatioras sev�d this form to:
Division Engineer, Commander, U.S. Army Engiueer Division, South Atlantic, Attn: Mr. Jason Steele, Adininistrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Geo�gia 30303-SSOl
Phone: (A04) 562-5137