HomeMy WebLinkAbout20200783 Ver 1_PJD_SAW-2018-02171_20200614U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2018-02177 County: Wake U.S.G.S. Quad: NC- Raleigh East
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Wake County Board of Education
Chris Ford
Address: 1551 Rock Quarry Road
Raleigh, NC 27610
Telephone Number: 919-588-3572
E-mail: sford2nn,wcpss.net
Size (acres) 15_03 Nearest Town Raleigh
Nearest Waterway Walnut Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.754981
Longitude:-78.623952
Location description: The project is located at 806 Calloway Drive, Raleigh, Wake County, North Carolina. PIN 1712195802
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, 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. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/7/2018 labeled
Wetland Sketch Map, WCPSS — Fuller Elementary School. 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 any way 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.
❑ There appear to be waters, including wetlands on the above described project area/property, 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).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/properly 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.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property 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 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 waters, including wetlands on the above described project area/property 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, including wetlands on your project area/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.
2018-02177
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. 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/property 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.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
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 Tasha Alexander at 919-554-4884, ext. 35 or
Tasha.L.Alexander(a usace.armv.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 02/11/2019.
D. Remarks: Site visit conducted on December 7, 2018.
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 jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional 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: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303-8801
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 P� RF4 form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 02/11/2019 Expiratipn Date of JD: Not applicable
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
littp://corpsmapu.usace.ai-my.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Soil and Environmental Consultants, PA
Bob Zarzeeki
Address: 8412 Falls of Neuse Road Suite 104
Ralei$th, NC 27615
Telephone Number: 919-846-5900
E-mail: bzarzeeki(o,sandee.com
LITG QQI�1DSV I WNI t ' D
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Applicant: Wake County Board of Education, Chris File Number: 2018-02177 Date: 02/11/2019
Ford
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
El
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 h_ptt •//www usage army.miI1MissionsyCivIIWorks/ReRulatoryPro¢ramandPennits.aspX
or the Corps regulations af33 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 Penn it 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 proffered permit 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 Il 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 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
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: Tasha Alexander
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room I OM15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
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 opportimtux 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: Tasha Alexander, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, 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: 02/11/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wake County Board of Education, Chris Ford, 1551
Rock Quarry Road,Raleigh, NC 27610
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, WCPSS Fuller Elementary School,
2018-02177
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at 806 Calloway
Drive, Raleigh, Wake County, North Carolina. PIN 1712195802
(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: 35.754981 Longitude:-78.623952
Universal Transverse Mercator:
Name of nearest waterbody: Walnut Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 12-7-2018
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
'
Geographic authority to
aquatic resources in
Type of aquatic
which the aquatic resource
Site Number
Latitude (decimal I
Longitude (decimal
-
review area (acreage
resources e .,
"may be" subject (i.e.,
degrees)
degrees)
wetland
and linear feet, if
wetland w
watersers))
Section 404 or Section
applicable
10/404)
Stream 1
35.754265
-78.623099
57 LF
Non -wetland
404
Wetland 1
35.755127
-78.622653
0.80Acre
Wetland
404
Wetland
35.75652
-78.623496
0.20Acre
Wetland
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requester of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AID) 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 AID 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 AID 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 AID
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 AID
or a PJD, the JD will be processed as soon as practicable. Further, an AID, 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 AID 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 should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
M Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
M Data sheets prepared/submitted by or on behalf of the PJD requester.
M Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Cc
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
M U.S. Geological Survey map(s). Cite scale & quad name:
M Natural Resources Conservation Service Soil Survey. Citation:
❑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):
or ❑Other (Name & Date):
❑ 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.
igna ie and date of egu atory ��� �'? e,./�
staff r mber completing PJD I / c�"CJ Signature and date of person requesting PJD
62�1/ 019 (REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD foams. if the requester does not respond within the
established time flame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
S&
EC
1
Bob Zarzecki
From:Alexander, Tasha L CIV USARMY CESAW (USA) <Tasha.L.Alexander@usace.army.mil>
Sent:Friday, February 1, 2019 3:46 PM
To:Bob Zarzecki
Subject:RE: [Non-DoD Source] RE: WCPSS Fuller ES Renovation Project _ PJD Request _ SAW-2018-02171
(UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Bob,
The attached sketch map accurately depicts the delineation we reviewed on December 7, 2018. I appreciate the follow‐
up.
Thank you,
Tasha Alexander
Regulatory Specialist
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Wake Forest, North Carolina 27587
919‐554‐4884, ext. 35
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki [mailto:bzarzecki@sandec.com]
Sent: Friday, December 7, 2018 4:38 PM
To: Alexander, Tasha L CIV USARMY CESAW (US) <Tasha.L.Alexander@usace.army.mil>
Subject: [Non‐DoD Source] RE: WCPSS Fuller ES Renovation Project _ PJD Request (UNCLASSIFIED) _ SAW‐2018‐02171
Tasha:
Attached is the updated sketch map and aquatic resources table based on your field verification today. Please pass along
the PJD as you're able.
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Alexander, Tasha L CIV USARMY CESAW (US) <Tasha.L.Alexander@usace.army.mil>
Sent: Monday, November 19, 2018 12:52 PM
To: Bob Zarzecki <bzarzecki@sandec.com>
Subject: RE: WCPSS Fuller ES Renovation Project _ PJD Request (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
2
Received.
Thank you,
Tasha Alexander
Project Manager, East Branch (Temporary Detail) Regulatory Division U.S. Army Corps of Engineers ‐ Nashville District
3701 Bell Road
Nashville, Tennessee 37214‐2660
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki [mailto:bzarzecki@sandec.com]
Sent: Friday, November 16, 2018 5:04 PM
To: Alexander, Tasha L CIV USARMY CESAW (US) <Tasha.L.Alexander@usace.army.mil>
Subject: [Non‐DoD Source] WCPSS Fuller ES Renovation Project _ PJD Request
Importance: High
Tasha:
Here's the PJD Request for the WCPSS Fuller Elementary School Renovation project, the other site we'll review on
December 5th.
Have a great weekend!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
(919) 846‐5900 Office Phone
(919) 256‐4517 Direct Line
(919) 846‐9467 Fax
(919) 270‐2068 Mobile
bzarzecki@sandec.com <mailto:bzarzecki@sandec.com>
Visit us at SandEC.com <BlockedBlockedhttp://www.SandEC.com> !
3
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain
confidential information. This electronic communication may not have passed through our standard review/quality
control process. Design data and recommendations included herein are provided as a matter of convenience and should
not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal.
If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is
prohibited. If you have received this electronic communication in error, please notify the sender by return e‐mail and
delete the original communication from your system. Thank you.
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
13518.W1Project Number:
BZProject Manager:
1" = 150'Scale:
12/07/2018Date:
Map Title:
Source:
Wetland Sketch Map
WCPSS - Fuller Elemntary School
Wake County, NC
Wake County GIS, NCOneMap.com
01-22
57
23
I 40 EB
I 40 WB S STATE STBUNCHE DRBOAZ RDD A R B Y S TCALLOWAY DR
DANDRIDGE DROWENS LNBAILEY DR
S STATE STNC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board
0 150 300
Feet
Legend
Evaluation Area
Potentially Jurisdictional Intermittent Stream
Potentially Jurisdictional Wetland
¯
Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only
S&EC reserves the right to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped using
topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC’s detailed delineation should be approved and
permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features flagged by
S&EC, they should retain a NC Registered Professional Land Surveyor to
locate S&EC’s flagging.
WoUS feild verified by Tasha Alexander (USACE) on 12/07/2018
SAW-2018-02171