20110165 Ver 1_USACE Permit_20110214

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2011 -00615 County: Wake/ Johnston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: US Foodservice, Inc. Attn: Alexander U. Raine
Address: 9399 W. Higgins Road, Suite 500
Rosemont, IL 60018
Telephone No.: 847 - 720 -8051
Size and location of property (water body, road name /number, -town etc.): The project is located on the south side of
Old US 64 Alternate, east of NC Hwv 39, east of Zebulon. The Johnston/Wake Countv line bisects the Droperty.
Description of projects area and activity: This permit authorizes the.impact•of -0.17 acres of wetland; and 159 linear
ft of stream. associated with the expansion of a commercial facilitv. SEE ATTACHED PERMIT SPECIAL
CONDITIONS.
Applicable Law: ® Section404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number;
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided- it.is accomplished in strict accordance with the attached. '
conditions and your submitted'plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and /or appropiiate.:Iegal action,..
This verification will remain valid until the expiration date- identified below unless the- nationwide, authorization is modified, .
suspended or revoked. If, prior to the expiration. date identified below; the. nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the. expiration date identifedbelow, provided it complies with all requirements of...
the modified nationwide permit. If the nationwide permit :authorization.expzres..(?r. is suspended, revoked, or is modified;, such that the -
activity would,no longer comply with the terms and conditions of the nationiwiVe'permit;_activities which have commenced are
under construction) or are under contract to commence in reliance upon the nationwide permit, will ieinain authorized provided the' "
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify-, suspend or revoke the authorization.
Activities subject to ,Section 404 (as indicated above) may also. require dri individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401`re-quirements.
For activities occurring within the twenty coastal counties subject to regulation under the .Coastal Area Management Act.(CAW),
prior to beginning work you must contact the N.C. Division of Coastal Management.'
This Department of the Army verification does not :relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory ,
program, please contact Thomas Brown at telephone number 919 -554 -4884 extension 22.
Corps Regulatory Officia Date: April 14, 2011
Expiration Date of Verification: March 18, 2012

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ 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 US and/or wetlands within 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Action ID
Basis of Jurisdictional Determination: Wetlands abutting RPWs that flow into Moccasin Creek, and continue to the Neuse
River, a TNW.
This jurisdictional determination is only for the waters /wetlands proposed for impacts associated with this Nationwide Permit
and does not include any other waters /wetlands that may be located on the nronerty.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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 f911owing address:
District Engineer, Wilmington Regulatory Division
Attn: Thomas Brown, Project Manager,
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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 CFRpart 331.5, and that it has been received by the District 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 June 13, 2011.
* *It is not necessary to submit an RFA for the District Office if you do not object to the determination.in this correspondence. **
Corps Regulatory Official:
Date April 14, 2011 Expiration Date March 18, 2012
Copy Furnished:
Beth Reed
Kimley -Horn
PO BOX 33068
Raleigh, NC 27636.3068

Action ID: 2011 -00615 County: Wake / Johnston
SPECIAL PERMIT CONDITIONS
Requiring payment into the North Carolina Ecosystem Enhancement Program:
You shall mitigate for 0.17 acres of unavoidable impacts to wetlands associated with AID 2011 -00615 by
payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount necessary to perform
restoration to 0.34 acres of Riparian wetlands in the Neuse River Basin (Cataloging Unit 03020201).
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment with certified check to the NCEEP, and the NCEEP has made written confirmation to the District
Commander, that it agrees to accept responsibility for the mitigation work required, pursuant to paragraph IV.D.
of the Memorandum of Understanding between the North Carolina Department of Environment and Natural
Resources and the U.S. Army Corps of Engineers, Wilmington District, Dated November 4, 1998.
Requiring credits to be purchased from a mitigation bank:
You shall mitigate for 159 linear feet of unavoidable impacts to streams associated with AID 2011 -00615 by
purchasing 159 credits from the Forest Creek Mitigation Bank. Construction within jurisdictional areas on the
property shall begin only after the permittee has made full payment to the mitigation bank, and the banker has
issued a Certificate of Transfer.

WILMINGTON DISTRICT
POST - CONSTRUCTION COMPLLANCE FORM
Permit Number: SAW- 2011 -00615
Permit Type: NW39
Name of County: Johnston / Wake
Name of Permittee: US Foodservice
Date of Issuance: April 14, 2011
Project Manager: Thomas Brown
Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this
certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW -RG -R
3331 Heritage Trade Dr. Suite 105
Wake Forest, NC 27591
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance with
the terms and conditions of the said permit, and required mitigation was completed in accordance with the
permit conditions.
Signature of Permittee Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
rant: US Food Service File Number: 2011 -00615 Date: April 14, 2011
ed is: See Section below
ITIAL PROFFERED PERMIT (Standard Permit or Letter of A
LJ PROFFERED PERMIT {Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at htti)://www.usace.gM.mil/inct/functions/cw/ceewo/reg or
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 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.
• 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 II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• 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
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
Thomas Brown
Jason Steele
Raleigh Regulatory Field Office
Administrative Appeals Review Officer
919 -554 -4884 x22
60 Forsyth Street, SW (Room 9M10)
Atlanta, GA 30303 -8801
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 and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn.-Thomas Brown, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Dr, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303 -8801