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Home My WebLink About20-312_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. 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