12-09-10_PJD verif_B-5318_SAW-2011-00044

Uffi. tRMY CORPS OF ENGINE* ' FIL-1 COP Y
WILMINGTON DISTRICT
Action Id. SAW-2011-00044 County: Wake U.S.G.S. Quad:NC-WAKE FOREST
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner:NC Department of Transportation
Gregory Thorpe
Address: 1598 Mail Service Center
Raleigh,NC,27699-1598
Telephone: [phone](Jim Mason)
Property description:
Size(acres) N/A Nearest Town Wake Forest
Nearest Waterway Smith Creek River Basin Upper Neuse.North Carolina.
USGS HUC 03020201 Coordinates Latitude:35.929 Longitude:-78.5277
Location description: TIP B-5318;Bridge No. 126 oer Smith Creek on SR 2044(Ligon Mill Road),south of Wake
Forest,NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information,there may be waters of the U.S. including wetlands on the above described project area.
We strongly suggest you have this property inspected to determine the extent of Department of the Army(DA)
jurisdiction.To be considered final,a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33
CFR Part 331). 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 fiirther consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and/or our present workload,the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation,you may wish to obtain a consultant. To be considered final,any
delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be
reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on_. Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Page 1 of 2

Action Id. SAW-2011-00044
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program,please contact Eric Alsmever at 919-554-4884
x23/Eric.C.Als [e-mail].
C. Basis For Determination: The impact area contains relatively permanent waters,with indicators of ordinary high
water marks, stream channels of Smith Creek and an unnamed tributary, and nearby wetlands. Smith Creek is a tributary
of the Neuse River,a Traditional Navigable Water.
D. Remarks: This JD was confirmed by field inspection on 4/21/2012. The drawing on the attached Figure 3,
JURISDICTIONAL FEATURES AND TERRESTRIAL COMMUNITIES,B-5318,received by this office June 8,2011,
generally depicts the jurisdictional waters of the US within the subject study area.
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.
Corps Regulatory Official:
/'i c 1 S rit 2�yer
Date: 9/10/2012 Expiration Da . 9/10/2017
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 attached customer Satisfaction Survey or visit http:/lper2.nwp.usace.army.millsurvey.html to
complete the survey online.

poi i- oco'-�y
`�► OFILE COPY ,
ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Mr. James Mason, N.C. Department of Transportation, 1598 Mail Service Center,
Raleigh, NC 27699-1598
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: (NCDOT/B-5318/
Bridge No. 126 on-SR 20 4 [Ligon Mill Rd] k� County)
' P b D.
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:NC County/parish/borough: Wake City: Wake Forest
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.92900 N, Long. -78.5277° W.
Universal Transverse Mercator:
Name of nearest waterbody: Smith Creek
Identify(estimate) amount of waters in the review area:
Non-wetland waters: 2 streams, Smith Cr(Stream SA), UT of Smith Cr
(Stream SB); linear feet: 200 (SA), 160 (SB); width (ft.) and/or acres: 20-30
(Smith Cr), 1-4 (Stream SB).
Cowardin Class: Rivcrine
Stream Flow: Perennial
Wetlands: 0.30 (Wetland WA); <0.01 (Wetland WB),acres.
Cowardin Class: Forested, except for small portion of sewer line,which is
Emergent (Wetland WA); Emergent(Wetland WS)
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
1

Y403 D136
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre-construction notification" (PCN), or requests verification for a non-reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on.a preliminary JD, which does.not make an official determination of
jurisdictional waters; (2) that the applicant has`the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3)that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal,jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be"waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
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SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Vicinity Map, Project Study Area Map, and Jurisdictional
Resources Map submitted by NCDOT_
® Data sheets prepared/submitted by or on behalf of the
app icant/consultant.
�79-Office concurs with data sheets/delineation report.
D Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Wake Forest,
1:24,000.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Web
Soil Survey website, http://websoilsurvey.nres.usda.gov/app/.
National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic 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):JD site visit with USACE on April 21,
2011.
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.
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16//,
Signature and date of Signatu and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
3

Estimated
Site Cowardin amount of Class of
number Latitude Longitude Class . aquatic aquatic
resource in resource
review area
Smith 35.9290°N -78.5277°W Riverine 200 lin. ft. Non-section
Creek 10 —
(SA) perennial
Stream 35.9290°N -78.5277°W Riverine 160 lin. ft. Non-section
SB 10 —
perennial
Wetland 35.9290°N -78.5277°W Forested 0.30 ac. Non-section
WA 10 —wetland
Wetland 35.9290°N -78.5277°W Emergent <0.01 ac. Non-section
WB 10 —wetland
4

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SR 2044 (Ligon Mill Road)
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a
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Wetland
•,r
Wetland WB -
Stream SB
Smith Creek(Stream SA)
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95 190 380 570 76Fee 005 Aer",
Legend �wL
Y
Project Study Area FIGURE 3: JURISDICTIONAL FEATURES N
_Jurisdictional Streams AND TERRESTRIAL COMMUNITIES
®Jurisdictional Wetlands w E
Floodplain Forest
-Maintained/Disturbed
® Mixed Pine/Hardwood Forest B-5318, Wake County S