20191495 Ver 1_SAW-2019-01137 Preliminary JD_20191104

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01137 County: Wake County U.S.G.S. Quad: Apex
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Town of Apex
Russell Dalton, PE; Transportation Engineer
Address: PO Box 250
Apex, NC, 27502-0250
Telephone Number: 919.249.3358
Size (acres) 9 acres Nearest Town Apex
Nearest Waterway Swift Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.747, Longitude:-78.817
Location description: Approximately 1,500 feet of Lake Pine Drive, from east of Plaza Drive/MacGregor Pines Drive, to the
Apex Town limit, northeast of Versailles Drive, northeast of downtown Apex, NC
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
B. Approved Determination
There are waters of the U.S., including wetlands, on 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.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can 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.
Page 1 of 2

SAW-2019-01137
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Eric Alsmever at [phone] X 23 or
Eric.C.Alsmever(a-), usace.armv.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: 1/28/2015 JD site visit.
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 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.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: June 27, 2019 Expiration Date: N/A
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 Customer Satisfaction Survey, located online at
http:Hcoipsmapu.usace.g,M.mil/cm apex/Pp=136:4:0.
Copy Furnished (by email):
Carolina Ecosystems Inc
Phil Mav
phil.mavA carolinaeco. co m
Page 2 of 2

SAW-2019-01137
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS A
MML REQUEST FOR APPEAL
A licant: Russell Dalton Town of Apex
File Number: SAW-2019-01137
Date: June 27, 2019
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 http://www.usace.army.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.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
permit 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 profferedpert-nit 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 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.
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 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.
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.

SAW-2019-01137
SECTION II - 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: Eric Alsmeyer
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, NC 27587
Atlanta, Georgia 30303-8801
Phone: [phone], ext. 23
Phone: [phone]
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 opportunit 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: Eric Alsmeyer, 69 Darlington Avenue, Wilmington, North
Carolina 28403

RECEIVEC
NOV 2 5 2014
RALEIGH REGULATORY
FIELD OFFICE
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (,JD): 6/27/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Phil May, Carolina Ecosystems Inc.
3040 NO Hwy 42 West, Clayton, NG 27520
C. DISTRICT OFFICE, FILE NAME, AND; NUMBER:
Wilmington District; T. Apex _U-5537_Lake Pine Drive Improvements_ Wake; SAW-2019-01137
D. PROJECT LOCATIQN(S) AND BACKGROUND INFORMATION:
Lake Pine Drive, north of US-64 near Apex Lake
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC Countylparish/borough: Wake City: Rate!&
Center coordinates of site (fattlong in degree decimal format):
Lat. 35.7466 °N; Long.-78.8159 °W.
Universal Transverse Mercator:
Name of nearest waterbody: Williams Graek
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
726 .linear feet: 10 width (ft) and/or acres.
Cowardin Class: Rlverine
Stream Flow: Perennial
Wetlands: 0.27 acres.
Cowardin Class: Forested ; Palustrine Emergent.
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
APPLY):
❑ Office (Desk) Determination. Date:
X❑ Field Determination. Date(s): 1/28/2015
THAT
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: Vicinity Map
® Data sheets prepared/submitted by or on behalf of the
applic nt/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: 1:24KApex (2013)
® USDA Natural Resources Conservation Service Soil Survey.
Citation: Waite County(1970): Sheet66
EENational wetlands inventory map(s). Cite name: GIS
❑ State/Local wetland inventory map(s):
❑ FEMA/FI RM maps:
❑ 100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
® Photographs:Z Aerial (Name & Date: 2015 Statewide Aerial Photagophs or
❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
1-1 Other information (please specify):
2

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 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. Part331,
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 officialdelineation 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:
IMPORTANT NOTE. The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later lurisdictionai determinations.
6/27/2019
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
4

U-5537 Delineation November 2014
Stream, Wetland, and Surface Water Tables
Table 1.
Bankfull
Bankfull
Lerigth
Scores, ,
'Stream Status
Height
Width
Stream Name
(Feet)
(Feet)
(Feet)
bWQ
USACE
Let
Long
Williams Creek (SA)
Perennial
2
15
282
-
-
35.7463
-78.8164
SB
Intermittent
0.5,
_3
444:
115ee
49
35.7459
-78.8163,
Table 2.
WA
Bottomland Hardwood Forest
Riparian
PFO
No
0.05
x
X
37
35.7463
-78.81,69
,
Headwater
an,
r PFQ'No
x
WC
r
35,7456,
-
17S, 68,
WC
Headwater Forest
Riparian
PFO
No
0.12
x
x
55
35.7458
-78.8163
WD
Hca�d*atoffbrest'�,,
RiParian�:
?FO:,�­� �4,�;NO':�,'
JI
wC,%
W
19,,
35,,74,59,
-7&8166
WE
Non -Tidal Freshwater Marsh
Riparian
PSS
No
0.03
x
x
26
35.7477
-78.8156
Table 3.
Pond IU
' Ali u Ing
Ift,
riUW
'Strea etlarid
e
;,'AYex,.;'-
....... ...
PA (Apex Lake)
SA
0.04
Yes
135.7477
1 -78.8157
PO
. ..... �,�
357461
78 S J:75:1
- = No Score
PFO = Palustrine Forested; PSS = Palustrine Scrub -Shrub
X = Data form completed
Page 1 of 1

+y .
jr
F { # _ !�; . t , � � F : °•ash!
`pexiL7_ilic((PA)) - WE a ' "�° :►�
i
E�
� "_fig` �• sD
y `
WD WC
A $ t
- �... ` B
rI 77MA�
�V.
Stdy A. V\
e%1w Perennial Stream