HomeMy WebLinkAbout20191239 Ver 2_Revised PCN_20200519 May 19, 2020
NC Division of Water Resources
401 & Buffer Permitting Unit
Attn: Ms. Stephanie Goss
512 N. Salisbury Street
Raleigh, NC 27604
Re: Revised PCN and 404 Approval
SAW-2019-01918 / DWR #19-1239 v2 - Baker Estate
Wake County, NC
Sage Project #2019.85
Dear Ms. Goss:
Per US Army Corps of Engineers (USACE) comments, please find the revised NWP 29 / GC 4139 application regarding
SAW-2019-01918, Baker Estate, in Wake County, NC. This resulted in reduction of impacts to streams, wetlands, and
riparian buffers. Attached to this letter, you will also find an updated PCN form, updated impact maps, the signed
NWP 29 404 approval from USACE, and the previous 401 WQC approval.
If you have any questions, please call me at (919) 244-0623.
Kim Hamlin
Sage Ecological Services, Inc.
Page 1 of 10
PCN Form – Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
Yes No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below.
Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project: Baker Estate
2b. County: Wake County, NC
2c. Nearest municipality / town: City of Raleigh
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Amy Baker Bynum, Laura Baker Costa & Charles L. Baker Jr.
3b. Deed Book and Page No. DB: 18-E DP: 3068
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 9708 Old Stage Rd.
3e. City, state, zip: Raleigh, NC 27603
3f. Telephone no.: 919-291-9005
3g. Fax no.: N/A
3h. Email address: abbynum@earthlink.net
Office Use Only:
Corps action ID no.
DWQ project no. _______________
Form Version 1.4 January 2009
Page 2 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Mrs. Kim Hamlin
5b. Business name
(if applicable): Sage Ecological Services, Inc.
5c. Street address: 3707 Swift Drive
5d. City, state, zip: Raleigh, NC 27606
5e. Telephone no.: 919-244-0623
5f. Fax no.:
5g. Email address: khamlin@sageecological.com
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0698-86-8036
1b. Site coordinates (in decimal degrees): Latitude: 35.634703° N Longitude: 78.513854° W
1c. Property size: +/- 32.99 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Little Creek
2b. Water Quality Classification of nearest receiving water: C;NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application.
The Site currently consists of a combination of agriculture, pasture, and undeveloped wooded land. Cattle are kept
currently in the central portion of the property. Two single-family residential homes and associated outbuildings are also
on the Site located along Old Stage Road and in the southwestern most corner. Several large agriculture fields are
bisected from north to south by a forested corridor in the center of the Site, while the eastern edge is forested and
undeveloped. General land use in the vicinity includes rural residential, agricultural and pastureland, and undeveloped,
forested land.
3b. List the total estimated acreage of all existing wetlands on the property: +/- 2.9 ac.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 1,806 LF and
0.09-acre open water
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to divide an inherited property between three siblings and provide reliable access
to the lot furthest from the road for the construction of a home.
3e. Describe the overall project in detail, including the type of equipment to be used:
The property is being split between 3 siblings that inherited it from their deceased father. The property will be divided
into three approximately equal parcels. The parcel located farthest from the existing road access requires the
installation of a driveway large enough to accommodate vehicles used for construction and the delivery of building
supplies needed for the construction of a house. Heavy equipment typically used for utility installation projects (e.g. back
hoes, bull-dozers, etc.) will be utilized.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments: A PJD request package was submitted to
USACE on 10/03/2019 and Mr. Ross Sullivan confirmed
the delineation via email.
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Mr. Sean Clark & Ms., Kim Hamlin
Agency/Consultant Company:
Sage Ecological Services, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The PJD project number is SAW-2019-01918. The NCDWR completed a buffer appeal call (DWR Project #20191239)
on the property and issued a letter dated November 8, 2019 (see attached copy).
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
Page 4 of 10
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributaries Buffers Open Waters Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
Corps (404, 10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
Site 1 - P driveway Bottomland
Hardwood Yes Corps 0.0735
Site 1 - T driveway Bottomland
Hardwood Yes Corps 0.0185
2g. Total wetland impacts 0.092
2h. Comments: Permanent wetland impacts = 0.0735 acre and Temporary wetland impacts = 0.0185 acre as a result of
driveway construction
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
3f.
Average stream
width
(feet)
3g.
Impact
length
(linear
feet)
Site 1 – P Driveway SB INT Corps 4 49
Site 1 - T Driveway SB INT Corps 4 10
3h. Total stream and tributary impacts 59
3i. Comments: Driveway crossing results in permanent impacts = 49 LF and temporary impacts = 10 LF
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number –
Permanent (P) or
Temporary (T)
4b.
Name of
waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact
(acres)
Site 1 - P Pond 1 Fill Pond 0.0213
4f. Total open water impacts 0.0213
4g. Comments: Permanent open water impacts = 0.0213 acre for driveway construction
Page 5 of 10
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 Choose One
P2 Choose One
5f. Total 0 0 0 0 0 0 0
5g. Comments: This project does not propose Pond or Lake construction
5h. Is a dam high hazard permit required?
Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b.
Buffer impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for
impact
6d.
Stream
name
6e.
Buffer mitigation required?
6f.
Zone 1 impact
(square feet)
6g.
Zone 2 impact
(square feet)
Site 1 – P Driveway SB No 3,406 2,148
6h. Total buffer impacts 3,406 2,148
6i. Comments: Total riparian buffer impacts in Zone 1 = 3,406 sf, and Zone 2 = 2,148 sf
Page 6 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed driveway was aligned so as to avoid impacting the pond located closest to Rock Service Station Road. The
driveway was situated to divide the western portion of the property into two approximately equal parcels which dictated
the crossing location. No other wetland, stream, or riparian buffer impacts are proposed except for the driveway crossing..
Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt
fencing will be installed to provide additional protection from runoff.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental
additional impacts. Silt fencing will also be used to prevent sediment runoff into the stream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one Quantity N/A
Type: Choose one Quantity N/A
Type: Choose one Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: 0 linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): 0 square feet
4e. Riparian wetland mitigation requested: 0 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 10
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 10
PCN Form – Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The diffuse flow plan is part of the Stormwater Management Plan being
reviewed by the City of Raleigh.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? Less than 10%
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan? Wake County
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project? Wake County
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No
5b. Have all of the 401 Unit submittal requirements been met? Yes No
Page 9 of 10
PCN Form – Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
Yes No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? Yes No
3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered “no,” provide a short narrative description.
The construction of the proposed project will not increase or decrease the liklihood of future development in the area. The
proposed project will not introduce in additional utilities to the area that do not already exist.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed project will utilize an individual septic system for the new house. The existing homes already use individual
septic systems.
Page 10 of 10
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Database (2019) was queried and a report (dated October 3, 2019) was received from NCNHP
which identified no recorded federally listed species on the project site or within a 1-mile radius.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project takes place in Wake County which is not near any coastal or tidal habitat that would support EFH
(i.e. salt marshes, oyster reefs, etc.).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://gis.ncdcr.gov/hpoweb/ The Site itself is designated as a Study List property (WA1214 – B.N. Ferrell House). There are
six historic properties located within 0.5 mile of the Site based on a query of the North Carolina State Historic Preservation
Office (NCSHPO) database. The existing house on the property will be lived in by one of the siblings.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center NC Flood Risk
Information System DFIRM Panel #0698; Dated May 2, 2006.
Kim Hamlin
Applicant/Agent's Printed Name
_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
05/01/2020
Date
OHPOHPOHP
OHPOHPOHPOLD STAGE ROAD 370370370380380
340340350
350360
3603
7
0 380368366364362
364
366
368
370
372
372 OLD STAGE ROADROCK SERVICESTATION ROADOLD STAGE RDBANKS ROADCWI1.1COVER E.ANGES.HEINJ. CHANDLERJOB NO.SHEET NO.SCALEDESIGNED BYCHECKED BYDATE
DRAWN BYDATEREVISION DESCRIPTION
YOUR VISION ACHIEVED THROUGH OURS.
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.02/06/2020BAKER ESTATE
OLD STAGE ROAD, WAKE COUNTY, NORTH CAROLINA45076 5410 Trinity Road, Suite 102 | Raleigh, NC 27607
TEL 919.866.4951 FAX 919.833.8124 www.timmons.com
THIS DRAWING PREPARED AT THE
RALEIGH OFFICE
NAD 83NOTES:1.BOUNDARY INFORMATION TAKE FROMSURVEY BY STANCIL & ASSOCIATESDATED DECEMBER 09, 2019.2.TOPOGRAPHY TAKEN FROM WAKECOUNTY GIS WITH SUPPLEMENTALSURVEY BY STANCIL & ASSOCIATES .3.STREAM & WETLAND DELINEATION BYSAGE ECOLOGICAL SERVICES, INC.DATED OCTOBER 1, 2019.CWI-1.2AS SHOWNEXISTING STREAMEXISTING WETLANDSEXISTING PONDSITE DATA:TOTAL SITE AREA: 32.99 ACRESTOTAL ON-SITE STREAMS: 2,318 LFTOTAL ON-SITE WETLANDS: 2.8988 ACTOTAL ON-SITE OPEN WATER: 0.0931 ACVICINITY MAP1" = 500'BAKER ESTATEENVIRONMENTAL IMPACT MAPSSITEEXISTING STREAMEXISTING STREAMSheet List TableSheet NumberSheet TitleCWI1.1COVERCWI1.2EXISTING CONDITIONSCWI1.3ENVIRONMENTAL IMPACT PROFILENEUSERIPARIANBUFFERAPPROXIMATEHOUSE LOCATION16' DRIVEWAY
EX.POND50' JOINT DRIVEWAY & UTILITYEASEMENT370368366364362
364
366
368
370
372
372
CWI1.2EXISTING CONDITIONS E.ANGES.HEINJ. CHANDLERJOB NO.SHEET NO.SCALEDESIGNED BYCHECKED BYDATE
DRAWN BYDATEREVISION DESCRIPTION
YOUR VISION ACHIEVED THROUGH OURS.
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.02/06/2020BAKER ESTATE
OLD STAGE ROAD, WAKE COUNTY, NORTH CAROLINA45076 5410 Trinity Road, Suite 102 | Raleigh, NC 27607
TEL 919.866.4951 FAX 919.833.8124 www.timmons.com
THIS DRAWING PREPARED AT THE
RALEIGH OFFICE
NAD 83
AS SHOWNEXISTING WETLANDSNOTES:1.BOUNDARY INFORMATION TAKE FROMSURVEY BY STANCIL & ASSOCIATESDATED DECEMBER 09, 2019.2.TOPOGRAPHY TAKEN FROM WAKECOUNTY GIS WITH SUPPLEMENTALSURVEY BY STANCIL & ASSOCIATES .3.STREAM & WETLAND DELINEATION BYSAGE ECOLOGICAL SERVICES, INC.DATED OCTOBER 1, 2019.SITE DATA:TOTAL SITE AREA: 32.99 ACRESTOTAL ON-SITE STREAMS: 2,318 LFTOTAL ON-SITE WETLANDS: 2.8988 ACTOTAL ON-SITE OPEN WATER: 0.0931 ACEXISTING STREAMNEUSE RIPARIAN BUFFERZONE 2 BUFFERZONE 1 BUFFER16' DRIVEWAY
362
3603650+
0
0
0+37.190+000+
3
7
.
7
2 ENVIRONMENTAL IMPACT LEGEND:PERMANENT OPEN WATER FILL - BLUETEMPORARY WETLAND IMPACT - PURPLEPERMANENT WETLAND IMPACT - GREENPERMANENT STREAM IMPACT - ORANGETEMPORARY STREAM IMPACT - LIGHT BLUEZONE 1 BUFFER PERMANENT IMPACT - REDZONE 2 BUFFER PERMANENT IMPACT - PINKHORIZ SCALE: 1"=50'VERT SCALE: 1"=5CULVERT PROFILE355360365370355360365370358.1357.8363.56-0+500+001+00EXISTING GRADEPROPOSED GRADE40 LF36" RCP@ 1.25%40 LF36" RCP@ 1.25%HORIZ SCALE: 1"=50'VERT SCALE: 1"=5HEADWALL A PROFILE355360365355360365359.1359.58-0+250+000+75HORIZ SCALE: 1"=50'VERT SCALE: 1"=5HEADWALL B PROFILE355360365355360365359.7360.59-0+250+000+7540 LF36" RCP@ 1.25%40 LF36" RCP@ 1.25%CWI1.3ENVIRONMENTAL IMPACT PROFILE E.ANGES.HEINJ. CHANDLERJOB NO.SHEET NO.SCALEDESIGNED BYCHECKED BYDATE
DRAWN BYDATEREVISION DESCRIPTION
YOUR VISION ACHIEVED THROUGH OURS.
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.02/06/2020BAKER ESTATE
OLD STAGE ROAD, WAKE COUNTY, NORTH CAROLINA45076 5410 Trinity Road, Suite 102 | Raleigh, NC 27607
TEL 919.866.4951 FAX 919.833.8124 www.timmons.com
THIS DRAWING PREPARED AT THE
RALEIGH OFFICE
NAD 83
AS SHOWNWETLAND IMPACTPERMANENT FORCONSTRUCTION3,200 SFWETLAND IMPACTTEMPORARY FORCONSTRUCTION805 SFOPEN WATER IMPACTPERMANENT FORCONSTRUCTION929 SFSTREAM IMPACTTEMPORARY FORCONSTRUCTION10 LFSTREAM IMPACTPERMANENT FOR49 LFZONE 2 IMPACTPERMANENT FORCONSTRUCTION2,148 SFZONE 1 IMPACTPERMANENT FORCONSTRUCTION3,406 SF
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01918 County: Wake U.S.G.S. Quad: NC-Lake Wheeler
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Amy Baker Bynum, Laura Baker Costa and Charles L Baker Jr.
Address: 9708 Old Stage Road
Raleigh, NC 27603
Size (acres) ~33 acres Nearest Town Raleigh
Nearest Waterway Little Creek River Basin Neuse
USGS HUC 03020201 Coordinates 35.634528; -78.668049
Location description: The project site is ~33 acres on the east site of Old Stage Road between Banks Road and Master Craft
Road, located at 10133 Old Stage Road in Raleigh, Wake County, North Carolina.
Description of projects area and activity: This verification authorizes 0.0735 acres of permanent wetland impacts, 0.0185 acres of
temporary wetland impact, 49 linear feet of permanent stream channel impacts, 10 linear feet of temporary stream channel
impacts and 0.0213 acres of permanent open water impacts for a road crossing for the Baker Estate Project.
Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344)
܆Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 2/12/2020, and the enclosed plans Baker Estate Environmental Impact Maps
dated 2/6/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to 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 the expiration date identified below, the nationwide permit authorization 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 nationwide permit 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 construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit’s expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
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 Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Lyle Phillips at (919) 554-4884 X30 or George.L.Phillips@usace.army.mil.
Corps Regulatory Official: _____________________________________________________Date: 05/15/2020
Expiration Date of Verification: 03/18/2022
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished: Stephanie Goss – NCDEQ-DWR – 3800 Barrett Drive, Raleigh, NC 27609
PHILLIPS.GEORGE.L.157
4018311
Digitally signed by
PHILLIPS.GEORGE.L.1574018311
Date: 2020.05.15 10:31:13 -04'00'
Action ID Number: SAW-2019-01918 County: Wake
Permittee: Amy Baker Bynum, Laura Baker Costa and Charles L Baker Jr.
Project Name: Baker Estate
Date Verification Issued: 05/15/2020
Project Manager: Lyle Phillips
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
Attn: Lyle Phillips
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
George.L.Phillips@usace.army.mil
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 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
OHP
OHPOHPOLD STAGE ROADROCK SERV
ICESTATION
ROADOLD STAGE RDCWI1.1 COVERE.ANGE
S.HEIN
J. CHANDLER
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONThese plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but notlimited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.02/06/2020
BAKER ESTATEOLD STAGE ROAD, WAKE COUNTY, NORTH CAROLINA45076
NOTES:
1. BOUNDARY INFORMATION TAKE FROM
SURVEY BY STANCIL & ASSOCIATES
DATED DECEMBER 09, 2019.
2. TOPOGRAPHY TAKEN FROM WAKE
COUNTY GIS WITH SUPPLEMENTAL
SURVEY BY STANCIL & ASSOCIATES .
3. STREAM & WETLAND DELINEATION BY
SAGE ECOLOGICAL SERVICES, INC.
DATED OCTOBER 1, 2019.
CWI-1.2
AS SHOWN
EXISTING STREAM EXISTING WETLANDS
EXISTING POND
SITE DATA:
TOTAL SITE AREA: 32.99 ACRES
TOTAL ON-SITE STREAMS: 2,318 LF
TOTAL ON-SITE WETLANDS: 2.8988 AC
TOTAL ON-SITE OPEN WATER: 0.0931 AC
VICINITY MAP
1" = 500'
BAKER ESTATE
ENVIRONMENTAL IMPACT MAPS
SITE
EXISTING STREAM
EXISTING STREAM
Sheet List Table
Sheet Number Sheet Title
CWI1.1 COVER
CWI1.2 EXISTING CONDITIONS
CWI1.3 ENVIRONMENTAL IMPACT PROFILE
NEUSE
RIPARIAN
BUFFER
APPROXIMATE
HOUSE LOCATION
16' DRIVEWAY
CWI1.2 EXISTING CONDITIONSE.ANGE
S.HEIN
J. CHANDLER
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONThese plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but notlimited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.02/06/2020
BAKER ESTATEOLD STAGE ROAD, WAKE COUNTY, NORTH CAROLINA45076
AS SHOWN
EXISTING WETLANDS
NOTES:
1. BOUNDARY INFORMATION TAKE FROM
SURVEY BY STANCIL & ASSOCIATES
DATED DECEMBER 09, 2019.
2. TOPOGRAPHY TAKEN FROM WAKE
COUNTY GIS WITH SUPPLEMENTAL
SURVEY BY STANCIL & ASSOCIATES .
3. STREAM & WETLAND DELINEATION BY
SAGE ECOLOGICAL SERVICES, INC.
DATED OCTOBER 1, 2019.
SITE DATA:
TOTAL SITE AREA: 32.99 ACRES
TOTAL ON-SITE STREAMS: 2,318 LF
TOTAL ON-SITE WETLANDS: 2.8988 AC
TOTAL ON-SITE OPEN WATER: 0.0931 AC
EXISTING STREAM
NEUSE RIPARIAN BUFFER
ZONE 2 BUFFER
ZONE 1 BUFFER
16' DRIVEWAY
0+000+
3
7
.
1
9
0+0
0 0+37.72ENVIRONMENTAL IMPACT LEGEND:
PERMANENT OPEN WATER FILL - BLUE
TEMPORARY WETLAND IMPACT - PURPLE
PERMANENT WETLAND IMPACT - GREEN
PERMANENT STREAM IMPACT - ORANGE
TEMPORARY STREAM IMPACT - LIGHT BLUE
ZONE 1 BUFFER PERMANENT IMPACT - RED
ZONE 2 BUFFER PERMANENT IMPACT - PINK
HORIZ SCALE: 1"=50'
VERT SCALE: 1"=5
CULVERT PROFILE
355
360
365
370
355
360
365
370
363.56-0+50 0+00 1+00
EXISTING GRADE
PROPOSED GRADE
40 LF
36" RCP
@ 1.25%
40 LF
36" RCP
@ 1.25%
HORIZ SCALE: 1"=50'
VERT SCALE: 1"=5
HEADWALL A PROFILE
355
360
365
355
360
365
359.58-0+25 0+00 0+75
HORIZ SCALE: 1"=50'
VERT SCALE: 1"=5
HEADWALL B PROFILE
355
360
365
355
360
365
360.59-0+25 0+00 0+75
40 LF
36" RCP
@ 1.25%
40 LF
36" RCP
@ 1.25%
CWI1.3 ENVIRONMENTAL IMPACT PROFILEE.ANGE
S.HEIN
J. CHANDLER
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONThese plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but notlimited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.02/06/2020
BAKER ESTATEOLD STAGE ROAD, WAKE COUNTY, NORTH CAROLINA45076
AS SHOWN
WETLAND IMPACT
PERMANENT FOR
CONSTRUCTION
3,200 SF
WETLAND IMPACT
TEMPORARY FOR
CONSTRUCTION
805 SF
OPEN WATER IMPACT
PERMANENT FOR
CONSTRUCTION
929 SF
STREAM IMPACT
TEMPORARY FOR
CONSTRUCTION
10 LF
STREAM IMPACT
PERMANENT FOR
49 LF
ZONE 2 IMPACT
PERMANENT FOR
CONSTRUCTION
2,148 SF
ZONE 1 IMPACT
PERMANENT FOR
CONSTRUCTION
3,406 SF
SAW-2019-01918
Determination of Jurisdiction:
A.܈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). 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. Please note, if work is authorized by either a general or nationwide permit, and
you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter
the hydrology of waters of the United States.
B.܆There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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.
C.܆There are waters, including wetlands within the above described project area that are 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.
D.܆The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the preliminary jurisdictional determination form dated 05/15/2020.
Remarks: None.
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.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, 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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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 Not applicable.
**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: ______________________________________________________
David E. Bailey
Date of JD: 05/15/2020
Expiration Date of JD: Not applicable
Date: 2020.05.15 10:47:18
-04'00'
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Amy Baker Bynum, Laura Baker Costa and
Charles L Baker Jr.
File Number: SAW-2019-01918 Date: 05/15/2020
Attached is: See Section below
܆ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
܆ PROFFERED PERMIT (Standard Permit or Letter of permission) 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 or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x 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.
x 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 proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x 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.
x 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.
x 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.
x 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 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 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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
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 investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 05/15/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Sean Clark, 3707 Swift Drive, Raleigh, NC
27605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Baker Estate, SAW-2019-
01918
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is ~33 acres on the
east site of Old Stage Road between Banks Road and Master Craft Road, located at 10133 Old Stage Road in
Raleigh, Wake County, North Carolina. The preliminary jurisdictional determination review area is shown as the
red outlined “Project Study Area” on the attached “PJD Stream Wetland Sketch Map”.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Wake City: Raleigh
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.634528; Longitude: -78.668049
Universal Transverse Mercator:
NAD83
Name of nearest waterbody: Little Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
܈Office (Desk) Determination. Date: 10/25/2019
܆Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
SiteNumberLatitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amountof
aquatic
resourcesin
reviewarea
(acreageand
linearfeet,if
applicable
Typeofaquatic
resources(i.e.,
wetlandvs.
nonͲwetland
waters)
Geographicauthorityto
whichtheaquatic
resource“maybe”
subject(i.e.,Section404
orSection10/404)
SA35.63579Ͳ78.66895517linearfeetNonͲwetlandSection404
LittleCreek35.63472Ͳ78.66515627linearfeetNonͲwetlandSection404
Pond135.63391Ͳ78.670550.44acresNonͲwetlandSection404
Pond235.63463Ͳ78.668210.091acresNonͲwetlandSection404
WA35.63576Ͳ78.668730.009acresWetlandSection404
WB35.63509Ͳ78.668031.79acresWetlandSection404
WC35.63429Ͳ78.665350.89acresWetlandSection404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
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 AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) 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) 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)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (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 PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives 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 AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
܈Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Sean
Clark – Sage Ecological Services
Map: Figures 1-3
܈Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
܈Office concurs with data sheets/delineation report.
܆Office does not concur with data sheets/delineation report. Rationale:
܆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: Figure 1 – USGS Topo Map – Lake Wheeler
܈Natural Resources Conservation Service Soil Survey. Citation: Figure 2 – NRCS Soils Map – Wake County Soil
Survey sheet 92
܆National wetlands inventory map(s). Cite name:
܆State/local wetland inventory map(s):
܆FEMA/FIRM maps:
܆100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
܈ Photographs: ܈ Aerial (Name & Date): Figure 3 – PJD Stream and Wetland Sketch map
or ܈ Other (Name & Date): Site Photo Log
܆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 by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
05/15/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
Date:
2020.05.15
10:47:01 -04'00'
!(!(
Potential Wetland
Waters of the US
Wetland WA +/- 0.009-acre
Potential Non-Wetland
Waters of the US
Pond 1 +/- 0.44-acre
Potential Non-Wetland
Waters of the US
Pond 2 +/- 0.091-acre Potential Wetland
Waters of the US
Wetland WB +/- 1.79-acre
Potential Wetland
Waters of the US
Wetland WC +/- 0.89-acre
Potential Non- Wetland
Waters of the US
Little Creek +/- 627-lf
Potential Non- Wetland
Waters of the US
Tributary A
(Linear Footage
Included in Upstream
Total)
Potential Non- Wetland
Waters of the US
Tributary A +/- 517- lfOLD STAGE RDROCK SERVICE
STAT
ION
RD
Figure 3PJD Stream and Wetland Sketch Map
Baker Estate
Sage Project # 2019.85
October 3, 2019
Map Location
WAKE
JOHNSTON
FRANKLIN
LEE
CHATHAM
ORANGE
DURHAM
NASH
HARNETT
GRANVILLE
WILSON
WAYNE
ALAMANCE
Project Study Area
Perennial Tributary
Ponds
Wetlands
!(Upland Data Point
!(Wetland Data Point
³
0 500250
Feet
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537
NOTE: Features depicted herein must be
field verified by the USACE or NCDWR
before being valid. Location, shape and
size of depicted features on the
evaluated site are approximate and
should be surveyed by a licensed NC
surveyor for final site planning.