HomeMy WebLinkAbout20-312_Determination Request_20200917Stream Origin/Buffer Applicability Determination
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Name:* Novel Cary Site
Is this a transportation project?* f Yes r No
What type of request is this?* r Buffer
rJ Isolated Wetland
Check all that apply.
Owner Information
Name on the Recorded Deed:*
Responsible Party :
✓ IP Stream Determination
✓ Stream
Crescent Acquisitions, LLC (under option to purchase)
Ashley Peterson
(for LLC, Corporations, businness, agency, etc.)
Telephone Number: 980-321-6224
How would you like to received your determination?*
Email Address:*
APETERSON@CrescentCommuniti
es.com
Is there an agent or consultant responsible for the request?*
(
Attach agent authorization letter:* 02_SIGNED_USACE_KHA_OWNER_Age...
Authorization Form.pdf
FCF only
Agent/Consultant Information
How would you like to receive your r USPS
determination letter?* C' Email
Name of Agent:* William Sullivan
Company Name:* Kimley-Horn
Email Address:* william.sullivan@kimley-horn.com
Project Information
Has anyone form DWR done a previous site visit?*
134.8KB
r Yes
r No
C: Other
Eric Kulz, Town of Cary, conducted a buffer
determination for the Site and issued a buffer letter
(TCRB 19-004)..
Date of Visit: 4/10/2019
Nearest Highway/Street:* Petty Farm Rd
Nearest Town:* Cary
Nearest Named Stream:* Moccasin Creek
River Basin:* Cape Fear
County:*
Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo.
dick the upload button or drag and drop files here to attach docurrent
Novel_Figure2_USGS.pdf 753.1 KB
Rif file type only
TOPO map look up: https://viewer.nationalmap.gov/basic/
Please attach a map of the site indicating project boundaries on the NRCS Soil Survey.
Click the upload button or drag and drop files here to attach docurrent
Novel_Figure4_NRCS.pdf 1.07MB
Rif file type only
Soil Survey Link: https://www.nres.usda.gov/wps/portal/nres/surveylist/soils/survey/state/?stateld=NC
Latitude and Longitude
Please provide the Latitude and Longitude for physical location for the determination that. If you have a
physical address you can look up the Latitude and Longitude by typing in an address or filling out the
information manually.
Choose below how you would like to f Address Lookup
provide this information. t: Manually
Latitude:
Longitude:
Misc attachments:
35.8340
-78.8775
SAW-2020-00879 signed AJD_NPR.pdf
TCRB19-
004_1708_Petty_Fa rm_Road .pdf
Novel_Figurel_JD
Features_Contours_REDUCED. pdf
Novel_Figure2_JD
Features_Lidar REDUCED.pdf
pdf or krre file types only
15.6MB
3.69MB
370.66KB
257.76KB
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
o I intend to electronically sign and submit the "Determination Request" form."
Signature
Date Submitted:
Initial Review RRO
ID#*
Version*
9/17/2020
20-312
1
Do you want to send this for review? f: Yes C No
Select Reviewer:* Stephanie Goss:eads\szgoss
Select Regional Office:*
Raleigh Regional Office - (919) 791-4200
Kimley»>Horn
Figure 2: USGS Topographic Map
Novel Cary — Petty Farm Neighborhood
Cary, Wake County, NC
May 2020
Legend
Jurisdictional Streams
i/ Non-404 Jurisdictional Wetlands
EJ Project Study Area
150 300
Kimley>»Horn
Figure 3: Jurisdictional Features Map
Novel Cary — Petty Farm Neighborhood
Cary, Wake County, NC
September 2020
WATER RESOURCES DEPARTMENT
April 10, 2019
Steven Ball
S&EC, Inc.
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Subject: Jordan Lake Watershed — Riparian Buffer and Urban Transition Buffer Rules
Wake County Real IDs # 0302182 and /PIN10: 0735683504
1708 Petty Farm Road
TCRB 19-004
Dear Mr. Ball:
The site location and maps provided by you allowed a determination to be made as to whether or not the
referenced site would require compliance with The Town of Cary Riparian Buffer and Urban Transition Buffer
(UTB) Rules. This project, as referenced by the Town of Cary as TCRB 19-004, includes features as depicted on
the attached maps. The table below summarizes the stream determination made in a site visit on March 18,
2019. This determination is valid until March 18, 2024.
Reference ID
USGS Map (100 Ft. Buffer)
Soil Survey Map (50 Ft. Buffer)
Not Subject
Pond 1
X (Not Present)
A
Subject at Flag TOC 01
B
Subject at Flag TOC 02
Landowners or affected parties that dispute a stream origin determination made by the Town of Cary may appeal
the determination to the NC Division of Water Resources. An appeal request must be made within sixty (60) days
of date of this letter. A request for a determination by the Director of DWR shall be referred to the Director in
writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail
Service Center; Raleigh, NC 27699-1617. if sending via delivery service (UPS, FedEx, etc.): Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604.
TOWN Of CARY
318 North Academy Street •Cary, NC 27513•PO Box 8005•Cary, NC 27512-8005
tel 919-469-4030 • fax 919-460-4935• www.townofcary.org
Mr. Ball
Stream Determination Letter
April 10, 2019
Page 2 of 2
Any appeal submitted shall be related to the origin of the stream channel and/or applicability of the Jordan Lake
Buffer Rules to a stream feature.
This determination is final an binding unless, as detailed above, an appeal is requested within sixty (60) days.
Since
Eric W. Kulz
Town of Cary Water Resjources Department
Project Number: 1 3767.W1
Project Manager:
SB
Date:
01/23/19
Map Title:
Figure 1- USGS Map
Petty Farm Road,
Cary, NC
Source: USGS Quad
Green Level & Cary
•TLE-DR/
� e- CARPENT�
1V
o ,a ,b Moa
Fee
S&
EC
Soil & Environmental Consultants, PA
8412 full, of N'.us: Rood. SLO. 104_ Ralc10J1. NC 27615 • 1.1101I': 019) 846.5900 • Fax: (919)134G-9.WT
Project Manager:
SB
Scale:
Date:
1"=1000'
01/23/19
Map Title:
Figure 2- Soil Survey Map
Source: Soil Survey
Sheets 35 & 45
SSz
EC
eet
Soil & Environmental Consultants, PA
841E EaEls of \:us: AJid. Suil: 104. Raleigh. NC 27415 • 019}1146.59W • P.7(919)8464147
sand.e.coni
Legend
Evaluation Area
qa Potentially Jurisdictional Intermittent Stream
50' Town of Cary Buffer
100' Town of Cary Buffer
7/?. Potentially Jurisdictional Wetland
2' Contour
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 nagging.
Confirmed by Eric Kulz of the
Town or Carv'on 03118119
\'1,
Project No. Scale:
13767.W1 1'r = 150'
Project Mgr.:!
SB
3)18l19
Wetland Sketch Map
Petty Farms Road
Cary, NC
NC OneMap
Wake County GIS
Prepared by:
MM
S&
EC
Soil & Environmental Consultants, PA
s,u. A,..a a.,e se. io,. PA,c. a MS • m.,,. an,swwae• ror: ioisf rursva
600 Feel
Legend
Jurisdictional Streams
Non-404 Jurisdictional Wetlands
Project Study Area
Kimley>»Horn
Figure 3: Jurisdictional Features Map
Novel Cary — Petty Farm Neighborhood
Cary, Wake County, NC
September 2020
CRESCENT
COMMUNITIES C O COMMUNITIES
U N i T l E S
Name:
AGENT AtiIHORIZATIOZ FORM
Crescent Acquisitions, LLC
Address
222 West Trade Street, #1000 Charlotte, NC 28204
980-321-6224
Project NamefDescnption: Novel C:ar -- Petty Farm L eighborhaod
Date:
06/10/20
The Department of the Army
U.S. Army Corps of Engineers; Wilmington District
Artention: Mr. James Lastinger
Field Office: Raleigh Regulators- Field Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Crescent Acquisitions, LLC hereby designates and authorizes Kimley-Horn and Associates, Inc. to act is
my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations,
Section 404 permits/Section 401 Water Quality Certifications applications, and Jordan Lake Water
Supply Watershed Riparian Buffer Deteimiaatious, and to furnish upon request supplemental
information in support of applications, etc_ from this day forward until successful completion of the
permitting process or revocation by the owner.
In addition, I, the undersigned, a duly authorized optionee of the property/properties identified herein, do
authorize t yiesentatives of the Wilmington District, US_ Army Corps of Engineers (Corps) to enter
upon the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act andfor Section 10 of the Rivers and Harbors Act of 1899.
10 June 2020
Authorized this the day of
Ashley Peterson
Print Property Optionee s Name Property ionee-s Signature
Cc: Mr. Paul Wajoski
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh NC 27604
CrescentCommunities.com
Crescent Communities, LLC
227 West Trade Street, Suite 1000, Charlotte, NC 28202
0: 980 321 6000 F: 980 321 6100
Build Community. Better People's Lives.
CrescentCommunities.com
Crescent Communities, LLC
227 West Trade Street, Suite 1000, Charlotte, NC 28202
0: 980 321 6000 F: 980 321 6100
Build Community. Better People's Lives.
Kimley»>Horn
Figure 4: NRCS Soil Survey Map
Novel Cary — Petty Farm Neighborhood
Cary, Wake County, NC
May 2020
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00879 County: Wake U.S.G.S. Quad: NC- Green Level
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Crescent Communities, LLC
Ashley Peterson
Address: 227 West Trade Street, #1000
Charlotte, NC 28204
Telephone Number: 980-321-6224
E-mail:
Size (acres) 13.9 Nearest Town Cary
Nearest Waterway Moccasin Creek River Basin Cane Fear
USGS HUC 03030002 Coordinates Latitude: 35.8340
Longitude: -78.8775
Location description: The project site is approximately 14 acres located adjacent to Petty Farm Road, near the town of Carv,
Wake County, North Carolina. This approval only includes wetlands WI and W2 as depicted on the attached map. All other
waters on site (SA and SB) are included in the PJD that was issued on 5/15/2020.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters 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 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 DATE. 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 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
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 at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters 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.
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 waterson 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 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.
❑ The waters 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
SAW-2020-00879
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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. 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.
❑X 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 James Lastin2er at 919-554-4884 ext 32 or
James.C.Lastinger(ausace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form (interim) NWPR dated 08/10/2020.
D. 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 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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
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 10/09/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
GIBBY.JEAN.B.1229783633ally sig
ed byGIBB JEAN.B 1229783633
Corps Regulatory Official: Date:
Date of JD: 08/10/2020 Expiration Date of JD: 08/09/2025
SAW-2020-00879
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/cmapex/f?p=136:4:0
Copy furnished:
Agent: Kimlev-Horn
William Sullivan
Address: 421 Fayetteville Street, suite 600
Raleigh, NC 27601
Telephone Number: 919-677-2000
E-mail: William.Sullivan(a,Kimley-Horn.com
APPEAL OPTIONS AND PROCESS AND
FOR APPEAL
NOTIFICATION OF ADMINISTRATIVE
REQUEST
Applicant:
Peterson
Crescent Communities, LLC Ashley
File Number: SAW-2020-00879
Date: 08/10/2020
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
x
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
or the
I - The following identifies your rights and options
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
regarding an administrative appeal
of the above decision.
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 fmal
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 proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal
• ACCEPT: If you received a Standard Permit, you may
authorization. If you received a Letter of Permission (LOP),
signature on the Standard Permit or acceptance of the
rights to appeal the permit, including its terms and conditions,
permit.
• APPEAL: If you choose to decline the proffered permit
you may appeal the declined permit under the Corps of
this form and sending the form to the division engineer.
of the date of this notice.
the permit
sign the permit document and return
you may accept the LOP and
LOP means that you accept the permit
and approved jurisdictional
(Standard or LOP) because of
Engineers Administrative Appeal
it to the district engineer for fmal
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
This form must be received by
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION:
ACCEPT: You do not need to notify the Corps to accept
date of this notice, means that you accept the approved
APPEAL: If you disagree with the approved JD, you
Administrative Appeal Process by completing Section
You may accept or appeal the approved JD or provide new
an approved JD. Failure to notify the Corps within 60 days of the
JD in its entirety, and waive all rights to appeal the approved JD.
may appeal the approved JD under the Corps of Engineers
II of this form and sending the form to the district engineer. This form
of the date of this notice.
must be received by the division engineer within 60 days
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.
1
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
objections are addressed in the administrative record.)
additional information to this form to clarify where your reasons or
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
record.
the location of information that is already in the administrative
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
Attn: James Lastinger
Mr. Phillip Shannin, Administrative
Appeal Review Officer
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
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 opportunity 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: James Lastinger , 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
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 08/10/2020
ORM Number: AW-2020-00879
Associated JDs: °JD issued on 5/15/2020
Review Area Location': State/Territory: NC City: Cary County/Parish/Borough: Wak
Center Coordinates of Review Area: Latitude 35.8340 Longitude -78.8775
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section II.B).
There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
(a)(1) Name
(a)(1) Size
(a)(1) Criteria
Rationale for (a)(1) Determination
Tributaries ((a (2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
kin,
1\1' " N/P
N/A.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name
(a)(3) Size
(a)(3) Criteria
Rationale for (a)(3) Determination
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Nip
Nip N/A.
N/A.
Map(s)/figure(s) are attached to the AJD provided to the requestor.
'If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Form Version 10 June 2020 updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
D. Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
W1
acre(s)
(b)(1) Non-
adjacent wetland.
Wetland W1 is a headwater wetland that is
confined on all sides by uplands. Hydrology
within wetland W1 is primarily driven by
groundwater and surface runoff into the
topographic depression. W1 drains down an
erosional swale to Stream SA. The erosional
swale did not contain the intermittent or
perennial stream criteria defined by NCDWR's
Methodology for Identification of Intermittent and
Perennial Streams and their Origins, Version
4.11, nor did it meet the wetland criteria defined
by the 1987 US Army Corps of Engineers. No
potentially intermittent or perennial connections
were observed flowing from W1. Wetland W1 is
not adjacent to an (a)(1), (2), or (3) water.
W2
0.17
acre(s)
(b)(1) Non-
adjacent wetland.
Wetland W2 is a relic pond feature that has been
drained and is surrounded on all sides by
uplands. Hydrology within W2 is driven primarily
by groundwater and surface runoff into the
topographic depression W2 drains into an
erosional swale and eventually into Stream SA.
The erosional swale did not contain the
intermittent or perennial stream criteria defined
by NCDWR's Methodology for Identification of
Intermittent and Perennial Streams and their
Origins, Version 4.11, nor did it meet the
wetland criteria defined by the 1987 US Army
Corps of Engineers. No potentially intermittent or
perennial connections were observed flowing
from W2. Wetland W2 is not adjacent to an
(a)(1), (2), or (3) water.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
❑x Information submitted by, or on behalf of, the applicant/consultant: AJD request packet submitted
7/20/2020
This information sufficient for purposes of this AJD.
Rationale:
❑ Data sheets prepared by the Corps: Title(s) and/or date(s).
❑x Photographs: Aerial: NC Orthoimagery 2018
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020 updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
❑x Corps site visit(s) conducted on: 3/12/2019
❑x Previous Jurisdictional Determinations (AJDs or PJDs): SAW-2020-00879 dated 5/15/2020
❑x Antecedent Precipitation Tool: provide detailed discussion in Section III.B.
❑x USDA NRCS Soil Survey: wake county, 1970, sheets 35, 45
❑x USFWS NWI maps: USFWS NWI
❑ USGS topographic maps: Green Level Quad
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
USGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
N/A.
Other Sources
N/A.
B. Typical year assessment(s): The ATP was run for the date of the USACE site visit (3/12/2019) and the
date of the Kimley-Horn site visit (3/12/2020). The APT results indicate the site was "Wetter than Normal"
during the 2019 USACE field review and "Normal conditions" during the 2020 Kimley-Horn field visit.
During both site visits, intermittent or perennial connections were not observed flowing from W1 and W2.
C. Additional comments to support AJD: N/A
Page 2 of 2 Form Version 10 June 2020 updated
Legend
Potentially Jurisdictional Streams
Isolated Non-404 Wetlands
Project Study Area
_imailk..,timunner' 3a • • Yi J y
0
150
Feet
300
Kimley
Figure 3: Jurisdictional Features Map
Novel Cary — Petty Farm Neighborhood
Cary, Wake County, NC
August 2020
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00879 County: Wake U.S.G.S. Quad: NC -Green Level
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Requestor: Crescent Communities, LLC
Ashley Peterson
Address: 227 West Trade Street, #1000
Charlotte, NC 28204
Telephone Number: 980-321-6224
E-mail:
Size (acres) 13.9 Nearest Town Cary
Nearest Waterway Moccasin Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.8340
Longitude: -78.8775
Location description: The project site is approximately 14 acres located adjacent to Peety Farm Road, near the town of Cary,
Wake County, North Carolina.
Description of Activity: Grading and construction of residential homes within non -jurisdictional wetlands on site. See
attached construction plans.
Your work as proposed does not require Department of the Army authorization for the following reason(s):
❑ The entire property is composed of high ground. Therefore, your proposed activity will not occur in any aquatic
resources.
Z The proposed activity will occur in non jurisdictional waters and/or wetlands.
❑ The proposed activity is not regulated and/or does not include regulated discharges of dredged or fill material. A
jurisdictional determination was not completed with this request. This letter does not address nor include any
consideration for jurisdiction on aquatic resources and shall not be interpreted as such. This is not an appealable action.
However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
❑ The proposed activity is exempt from Department of the Army regulations. A jurisdictional determination was not
completed with this request. This letter does not address nor include any consideration for jurisdiction on aquatic
resources and shall not be interpreted as such. This is not an appealable action. However, you may request an approved
JD, which is an appealable action, by contacting the Corps for further instruction.
Remarks: See attached AJD for further information regarding jurisdictional status of waters on site.
This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal,
State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management in Morehead City, North Carolina, at (252) 808-2808 to discuss any required State authorization.
Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If there are any
questions regarding this notification or the Corps of Engineers regulatory program, please contact James Lastin2er at 919-554-4884
ext 32 or James.C.Lastin2er(ausace.army.mil.
GIBBYJEAN.B.1229783633 DigitalDate:2Iy 02008.11by 0 16:4B7g 6J0400' 1229783633
Corps Regulatory Official: Date: 08/10/2020
Copies furnished by e-mail:
Enclosures
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://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.
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