20190225 Ver 2_Apex Greenway_PJD_March 2021_20210326

Mailing Address:
TOWN OF APEX
PO BOX 250
APEX, NC 27502

Telephone: [phone]

Website: www.apexnc.org
Physical Address:
73 HUNTER STREET
APEX, NC 27502

March 10, 2021

United States Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

SUBJECT: Preliminary Jurisdictional Determination Package for the following Town of Apex
project: Phase I, Middle Creek Greenway - Miramonte to Holly Springs Connector in
Apex, Wake County, North Carolina.

To Whom It May Concern:

Phase I of the Town of Apex’s Middle Creek Greenway - Miramonte to Holly Springs Connector
Project is comprised of the greenway connection that runs between the northern right-of-way boundary
of future NC Highway 540 (also southern property boundary of the Reunion Pointe subdivision), which
is currently under construction, to the southern right-of-way of SR 1301 (Sunset Lake Road)/ the Town
of Holly Springs border at Sunset Lake Road in Apex, Wake County, North Carolina. A portion of the
project within the road right-of-way is being built as part of the N.C. Department of Transportation’s
(NCDOT) Complete I-540 Project (STIP Nos. R-2721A, R-2721B, and R-2828). Below and attached
are a brief description of the project, figures depicting all features, and appropriate forms.

On August 1, 2017, June 4, 2018, and April 7, 2020, Three Oaks Engineering, Inc. (Three Oaks) staff
conducted site investigations (Appendix A, Figures 1 – 4). Three potential jurisdictional features unique
to the project (one stream and two wetlands) were identified within the study area (Tables 1-3). No
surface waters (i.e., ponds, basins, or tributaries) were identified. The portion of this project that
overlaps with Complete I-540 has already been delineated and verified as part of that project.
Additionally, some of these features will be impacted by the Complete I-540 project and have already
been permitted by NCDOT. Therefore, for the areas of overlap, the NCDOT delineation was used to
show the NCDOT delineation, pre-impact, and these features are symbolized differently on the mapping.
NCDOT features do not have a feature name associated with them. All features are located in the Neuse
River Basin (U.S. Geological Survey Hydrologic Unit Code 03020201).

U.S. Army Corps of Engineers (USACE) Wetland Determination forms (wetland and upland) are
included for each potential jurisdictional wetland. North Carolina Wetland Assessment Method
(NCWAM) forms were not completed since no wetlands unique to this project exhibited characteristics
of disturbed, low-quality wetlands. A N.C. Division of Water Resources (NCDWR) Stream
Identification form is also included for Stream SA, along with a North Carolina Stream Assessment
Method (NCSAM) form (Appendix B). A USACE ORM Data Entry form, USACE Jurisdictional
Determination Request form, USACE PJD Form, Agent Authorization Form, and a USACE Waters
Upload spreadsheet are also included with this submittal (Appendix C). Please see the following PJD
Package:

Table 1. Potential jurisdictional streams unique to this project
Stream Name Map ID
NCDWR
Index
Number
Best Usage
Classification
Bank
Height
(ft.)
Bankfull
width
(ft.)
Depth
(in.)
Unnamed
Tributary (UT)
to Middle Creek
SA 27-43-15-
(1) C; NSW 3-4 6-8 0-4

Table 2. Characteristics of potential jurisdictional streams unique to this project
Map ID Length (ft.) Classification NCSAM Rating River Basin Buffer
SA 80 Perennial Medium Subject
Total 80

Table 3. Characteristics of potential jurisdictional wetlands unique to this project
Map
ID1 NCWAM Classification NCWAM Rating Hydrologic
Classification Area (ac.)
WE Headwater Forest *2 Riparian 0.02
WF Bottomland Hardwood
Forest *2 Riparian <0.013
Total 0.02
1 Wetlands WA – WD and a portion of WE were within the area already delineated as part of NCDOT project R-2828.
Therefore, the NCDOT delineation was used and those wetlands were removed from this project’s delineation.
2 * – NCWAM forms were not completed for wetlands possessing characteristics conducive to them receiving higher mitigation
ratios and functional rating values.
3 An additional 0.02 ac. of this wetland was delineated as part of the Complete I-540 project and is not included here.

If you have any questions, require additional information, or would like to schedule a site visit, please
contact me at [phone] or by email at [e-mail]. Alternatively, you can also
contact James Mason at Three Oaks, who is the Authorized Agent managing the PJD for this project,
either by phone at [phone] or by email at [e-mail]. This is a
request for concurrence with our assessment. Three Oaks is submitting this request on behalf of the
Town. We appreciate your assistance on this project.

Sincerely,

Angela Reincke
Parks and Greenways Planner
Town of Apex Parks, Recreation and Cultural Resources

Cc: NCDWR Raleigh Regional Office
For James
Mason
Digitally signed by
James Mason
Date: 2021.03.05
11:59:26 -05'00'

Appendix A

Figures
1Figure
Vicinity Map
Wake County, North Carolina
Storemon t W ay
FountainSpringsRdArborCreek Dr
Str
aywhite
A
v
e
Reunion
WoodsTrlWil
l
i
amsSt Gallent Hedge TrlHyannis Dr
Trellis P ointeD r
FireflyRd BlackFo
r
e
s
t
D
rWindcapDrSto
n
ecre
ekDrSunshi
neCrest
Ct
Arbor Crest RdOsterville Dr
HazelmereDr ThorncrestDr
Sunset L ak e R d
Wellspri
ngDr
DovesH a v e n D r
Katha Dr
Edd ie Creek Dr
VineSt MerionSt
ati
o
n
D
r
DaneswayDrVine
St
LindellDr
C r e e k H a v e n D r
Ballytore Dr
Goos
e
b
e
r
ryDrReunionMeadows Ln
RidgeLakeDr
ColonialOaks
DrKings Pine LnCabanaDr
Reunion CreekPkwy
FloriansDr
MorenaDrMain StHollyho ck Ln
ArborCrest
RdDutch E lm D rReunio n P arkDr
Fairford
DrCommonsDrAdefieldLnEd
dieCreekDr SmithRdMonarchBirchDr
Mi
d
d
l
e
Cr
e
e
k
NCCGIA
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:WAKECHATHAMWAKEHARNETT
© OpenStreetMap (and)contributors, CC-BY-SA
¯
February 2021
17-017
CMR JSM
0 420210 Feet
Study Area
Stream
Streets
^_
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
2Figure
Topographic Map
Wake County, North Carolina
RidgeLakeDr
FireflyRdGreycrest CtThorncrestDr
StonecreekDrLindell Dr
Florians Dr
Hollyhock L n
SunsetLakeRd
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMapcontributors, and the GIS User Community
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 13065 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
2Figure
Topographic Map
Wake County, North Carolina
WetlandWE
Wetland WF
Sunset Lake Rd
Firefly RdRidg e L a k e D rSources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMapcontributors, and the GIS User Community
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 5025 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
Zoom 1 of 2
2Figure
Topographic Map
Wake County, North Carolina
Holly hock Ln S
tr
e
a
mS
A
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMapcontributors, and the GIS User Community
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 5025 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
Zoom 2 of 2
3Figure
Aerial Map
Wake County, North Carolina
RidgeLakeDr
FireflyRdGreycrest CtThorncrestDr
StonecreekDrLindell Dr
Florians Dr
Hollyhock L n
SunsetLakeRd
NCCGIA, NC911 Board
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 13065 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
3Figure
Aerial Map
Wake County, North Carolina
WetlandWE
Wetland WF
Sunset Lake Rd
Firefly RdRidg e L a k e D rNCCGIA, NC911 Board
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 5025 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
Zoom 1 of 2
3Figure
Aerial Map
Wake County, North Carolina
Holly hock Ln S
tr
e
a
mS
A
NCCGIA, NC911 Board
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 5025 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
Zoom 2 of 2
4Figure
LiDAR Map
Wake County, North Carolina
RidgeLakeDr
FireflyRdGreycrest CtThorncrestDr
StonecreekDrLindell Dr
Florians Dr
Hollyhock L n
SunsetLakeRd
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 13065 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Value High : 499.973
Low : 336.476
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
4Figure
LiDAR Map
Wake County, North Carolina
WetlandWE
Wetland WF
Sunset Lake Rd
Firefly RdRidg e L a k e D rPrepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 5025 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Value High : 499.973
Low : 336.476
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
Zoom 1 of 2
4Figure
LiDAR Map
Wake County, North Carolina
Holly hock Ln S
tr
e
a
mS
A
Prepared For:Date:
Checked By:
Job No.:
Drawn By:
Scale:
¯
February 2021
17-017
CMR JSM
0 5025 Feet
Study Area
NCDOT R-2828 Wetlands
Potential Wetland WOUS
Potential Non-wetland WOUS (Stream)
Streets
Value High : 499.973
Low : 336.476
Phase 1 - Middle Creek GreenwayMiramonte to Holly Springs Connector
Zoom 2 of 2

Appendix B

Stream and Wetland Data Forms

NC D Stream Identification Form Version 4.11
Date: t-j /"t
Evaluator:
Total Points:
Stream is at least intermittent
if'i!:. 19 or erennial if'i?. 30*
A. Geomoroholoav (Subtotal = I t,
1 a. Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
3. In-channel structure: ex. riffle-pool, step-pool,
rioole-nnol sequence
4. Particle size of stream substrate
5. Active/relict floodplain
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control ' 10. Natural valley
11 . Second or greater order channel
)
a artificial ditches are not rated, see d1scuss1ons In manual
B. Hvdroloav (Subtotal = q,5 ) .
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris lines or piles
17. Soil-based evidence of high water table?
C. Biology (Subtotal = ·+~ )
18. Fibrous roots in streambed
19. Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22. Fish
23. Crayfish ·
24. Amphibians
25.Algae
26. Wetland plants in streambed . •
Latitude: YJ: t t215'
County:
Stream Determination (cl1p;1A-•11et--1-..Other A
Ephemeral lntermltten Perennlal .g. Quad Name:
Absent Weak Moderate Strong
0 1 2 ( .3 )
0 c.1 ...) ( 2 3
0 1 -~ 3
0 1 C 2 .) 3
0 1 2 cv
0 1 rc 2 ..J 3
0 r 1
) , 2 3
t"O ) 1 2 3
UL.) 0.5 1 _i..5_
0 . 0.5 1 I,,._~
No=0 Y¥=3 ,) -
0 1 2 C~3"\
0 ,/,:1 __,,.} 2 3
/f.5 J 1 0.5 0
'-'tF /P.5 _;:; 1 I 1.5
o . r JJ,:i __.) 1 1.5
No=0 Yesr 3 ~-
,/' 3 .,) 2 1 0
/3 / -
2 1 0
F:(J~ 1 2 3
T O~
1 2 3
0 r u.:i _) 1 1.5
0 t' U.::),.,d 1 1.5
0 C 0.5 ) 1 1.5 ,....-u 0.5 1 1.5 -FACW=0.75; OBL= 1.5 Other= 0
*perennial streamAi may ~o be identified using other methods . See p. 35 of manual.
Notes: r ---r~?)-/rt, rfirt:J ~ ,/-/,.~,,,,, /,.._ :;~ .
Sketch:
Bank Height:~ r f I
Bank Width: C. ,-'fl
tA~s -No Water Depth: 0 -"f Ir
Channel Substrate~. Silt, Sand , Graveo;obble, rJ/l..t~ -ye,,f Bedrock z:::
Velocity,$/~ e,.J
Clarity : c,. /e11r
SA
NC SAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 2.1
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same prope rty, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the “Notes/Sketch” section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Apex Greenway 2. Date of evaluation:08/01/2017
3. Applicant/owner name:Town of Apex 4. Assessor name/organization:Nathan Howell & Chris Sheats
5. County:Wake 6. Nearest named water body
on USGS 7.5-minute quad: Middle Creek 7. River basin:Neuse
8. Site coordinates (decimal degrees, at lower end of assessment reach):35.682753, -78.824363
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): Stream SA 10. Length of assessment reach evaluated (feet):200
11. Channel depth from bed (in riffle, if present) to top of bank (feet):3 Unable to assess channel depth.
12. Channel width at top of bank (feet):6 13. Is assessment reach a swamp steam?Yes No
14. Feature type: Perennial flow Intermittent flow Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: Mountains (M) Piedmont (P) Inner Coastal Plain (I) Outer Coastal Plain (O)
16. Estimated geomorphic
19 valley shape (skip for
Tidal Marsh Stream):
A B
(more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (≥ 5 mi2)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated?Yes No If Yes, check all that apply to the assessment area.
Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V)
Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters
Publicly owned property NCDWR Riparian buffer rule in effect Nutrient Sensitive Waters
Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC)
Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in “Notes/Sketch” section or attached?Yes No
1.Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
A Water throughout assessment reach.
B No flow, water in pools only.
C No water in assessment reach.
2.Evidence of Flow Restriction – assessment reach metric
A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates , debris jams,
beaver dams).
B Not A
3.Feature Pattern – assessment reach metric
A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
B Not A
4.Feature Longitudinal Profile – assessment reach metric
A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
B Not A
5.Signs of Active Instability – assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip-rap).
A < 10% of channel unstable
B 10 to 25% of channel unstable
C > 25% of channel unstable
6. Streamside Area Interaction – streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
A A Little or no evidence of conditions that adversely affect reference interaction
B B Moderate evidence of conditions (examples: berms, levees, down-cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access , disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
7. Water Quality Stressors – assessment reach/intertidal zone metric
Check all that apply.
A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
B Excessive sedimentation (burying of stream features or intertidal zone)
C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
D Odor (not including natural sulfide odors)
E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in “Notes/Sketch”
section.
F Livestock with access to stream or intertidal zone
G Excessive algae in stream or intertidal zone
H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
I Other: (explain in “Notes/Sketch” section)
J Little to no stressors
8. Recent Weather – watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
C No drought conditions
9. Large or Dangerous Stream – assessment reach metric
Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In-stream Habitat Types – assessment reach metric
10a. Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
A Multiple aquatic macrophytes and aquatic mosses
(include liverworts, lichens, and algal mats)
B Multiple sticks and/or leaf packs and/or emergent
vegetation
C Multiple snags and logs (including lap trees)
D 5% undercut banks and/or root mats and/or roots
in banks extend to the normal wetted perimeter
E Little or no habitat
F 5% oysters or other natural hard bottoms
G Submerged aquatic vegetation
H Low-tide refugia (pools)
I Sand bottom
J 5% vertical bank along the marsh
K Little or no habitat

*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams)
11b. Bedform evaluated. Check the appropriate box(es).
A Riffle-run section (evaluate 11c)
B Pool-glide section (evaluate 11d)
C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
Bedrock/saprolite
Boulder (256 – 4096 mm)
Cobble (64 – 256 mm)
Gravel (2 – 64 mm)
Sand (.062 – 2 mm)
Silt/clay (< 0.062 mm)
Detritus
Artificial (rip-rap, concrete, etc.)
11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
Check for Tidal Marsh Streams Only
12. Aquatic Life – assessment reach metric (skip for Tidal Marsh Streams)
12a. Yes No Was an in-stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. No Water Other:
12b. Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to “individuals” for Size 1 and 2 streams and “taxa” for Size 3 and 4 streams.
Adult frogs
Aquatic reptiles
Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
Beetles
Caddisfly larvae (T)
Asian clam (Corbicula)
Crustacean (isopod/amphipod/crayfish/shrimp)
Damselfly and dragonfly larvae
Dipterans
Mayfly larvae (E)
Megaloptera (alderfly, fishfly, dobsonfly larvae)
Midges/mosquito larvae
Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
Mussels/Clams (not Corbicula)
Other fish
Salamanders/tadpoles
Snails
Stonefly larvae (P)
Tipulid larvae
Worms/leeches
13. Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
A A Little or no alteration to water storage capacity over a majority of the streamside area
B B Moderate alteration to water storage capacity over a majority of the streamside area
C C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep
B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
C C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence – streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
Y Y Are wetlands present in the streamside area?
N N
16. Baseflow Contributors – assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
A Streams and/or springs (jurisdictional discharges)
B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
C Obstruction passing flow during low-flow periods within the assessment area (beaver dam, leaky dam, bottom-release dam, weir)
D Evidence of bank seepage or sweating (iron in water indicates seepage)
E Stream bed or bank soil reduced (dig through deposited sediment if present)
F None of the above
17. Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
B Obstruction not passing flow during low-flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
C Urban stream (≥ 24% impervious surface for watershed)
D Evidence that the streamside area has been modified resulting i n accelerated drainage into the assessment reach
E Assessment reach relocated to valley edge
F None of the above
18. Shading – assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider “leaf-on” condition.
A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
B Degraded (example: scattered trees)
C Stream shading is gone or largely absent
19.Buffer Width – streamside area metric (skip for Tidal Marsh Streams)
Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
A A A A ≥ 100 feet wide or extends to the edge of the watershed
B B B B From 50 to < 100 feet wide
C C C C From 30 to < 50 feet wide
D D D D From 10 to < 30 feet wide
E E E E < 10 feet wide or no trees
20.Buffer Structure – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Vegetated” Buffer Width).
LB RB
A A Mature forest
B B Non-mature woody vegetation or modified vegetation structure
C C Herbaceous vegetation with or without a strip of trees < 10 feet wide
D D Maintained shrubs
E E Little or no vegetation
21.Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
A A A A A A Row crops
B B B B B B Maintained turf
C C C C C C Pasture (no livestock)/commercial horticulture
D D D D D D Pasture (active livestock use)
22.Stem Density – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Wooded” Buffer Width).
LB RB
A A Medium to high stem density
B B Low stem density
C C No wooded riparian buffer or predominantly herbaceous species or bare ground
23.Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
A A The total length of buffer breaks is < 25 percent.
B B The total length of buffer breaks is between 25 and 50 percent.
C C The total length of buffer breaks is > 50 percent.
24.Vegetative Composition – streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contribute s to
assessment reach habitat.
LB RB
A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
C C Vegetation is severely disturbed in terms of species diversity or proport ions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non-characteristic species or communities inappropriately composed of a single species or no vegetation.
25.Conductivity – assessment reach metric (skip for all Coastal Plain streams)
25a. Yes No Was conductivity measurement recorded?
If No, select one of the following reasons. No Water Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
A < 46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230
Notes/Sketch:
Stream SA has a wooded riparian buffer. Stream SA is an unnamed tributary that flows into Middle Creek, which is classified as a Nutrient
Sensitve Water (NSW).
Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1

Stream Site Name Apex Greenway Date of Assessment 08/01/2017
Stream Category Pa2 Assessor Name/Organization Nathan Howell & Chris
Sheats

Notes of Field Assessment Form (Y/N) YES
Presence of regulatory considerations (Y/N) YES
Additional stream information/supplementary measurements included (Y/N) YES
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial

Function Class Rating Summary
USACE/
All Streams
NCDWR
Intermittent
(1) Hydrology MEDIUM
(2) Baseflow HIGH
(2) Flood Flow MEDIUM
(3) Streamside Area Attenuation HIGH
(4) Floodplain Access HIGH
(4) Wooded Riparian Buffer HIGH
(4) Microtopography LOW
(3) Stream Stability LOW
(4) Channel Stability MEDIUM
(4) Sediment Transport LOW
(4) Stream Geomorphology MEDIUM
(2) Stream/Intertidal Zone Interaction NA
(2) Longitudinal Tidal Flow NA
(2) Tidal Marsh Stream Stability NA
(3) Tidal Marsh Channel Stability NA
(3) Tidal Marsh Stream Geomorphology NA
(1) Water Quality MEDIUM
(2) Baseflow HIGH
(2) Streamside Area Vegetation MEDIUM
(3) Upland Pollutant Filtration MEDIUM
(3) Thermoregulation MEDIUM
(2) Indicators of Stressors NO
(2) Aquatic Life Tolerance MEDIUM
(2) Intertidal Zone Filtration NA
(1) Habitat LOW
(2) In-stream Habitat LOW
(3) Baseflow HIGH
(3) Substrate LOW
(3) Stream Stability MEDIUM
(3) In-stream Habitat LOW
(2) Stream-side Habitat HIGH
(3) Stream-side Habitat HIGH
(3) Thermoregulation MEDIUM
(2) Tidal Marsh In-stream Habitat

NA
(3) Flow Restriction NA
(3) Tidal Marsh Stream Stability NA
(4) Tidal Marsh Channel Stability NA
(4) Tidal Marsh Stream Geomorphology NA
(3) Tidal Marsh In-stream Habitat

NA
(2) Intertidal Zone

NA
Overall MEDIUM

WE
WE
WE
Project/Site:Sampling Date:
Applicant/Owner:State:Sampling Point:
Investigator(s):
Landform (hillside, terrace, etc.):
Subregion (LRR or MLRA):Lat:Long:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Yes X
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
X No
X No X
X No
X X
X
X
X
X X
X
X
Yes X
Yes X
Yes X X
U.S. Army Corps of Engineers
WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R
OMB Control #: 0710-xxxx, Exp: Pending
Requirement Control Symbol EXEMPT:
(Authority: AR 335-15, paragraph 5-2a)
Microtopographic Relief (D4)
FAC-Neutral Test (D5)
Inundation Visible on Aerial Imagery (B7)
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
Algal Mat or Crust (B4)
Wetland Hydrology Present?
Stunted or Stressed Plants (D1)
NoYes
0
No
No
Water Table Present?
Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6)
Sparsely Vegetated Concave Surface (B8)
Drainage Patterns (B10)
Moss Trim Lines (B16)
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Water Marks (B1)
Wetland Hydrology Indicators:
True Aquatic Plants (B14)
Saturation Visible on Aerial Imagery (C9)
Secondary Indicators (minimum of two required)
HYDROLOGY
Geomorphic Position (D2)
Shallow Aquitard (D3)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Other (Explain in Remarks)
Iron Deposits (B5)
City/County:Proposed Middle Creek Greenway Wake
WD-2 Wet
04/072020
Town of Apex NC
No
Section, Township, Range: ApexNathan Howell & Lillian Lovingood
0ConcaveFloodplain
Datum: NAD 83-78.82468435.682704LRR P, MLRA 136
PFO1ANWI classification:Chewacla and wehadkee soils, 0-2% slopes, frequently flooded
Slope (%):Local relief (concave, convex, none):
Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.)
significantly disturbed?
naturally problematic?
Are “Normal Circumstances” present?
(If needed, explain any answers in Remarks.)
Remarks:
NCWAM: Bottomland Hardwood Forest. Wetland WF share similar characteristics to this wetland; therefore, this form also applies to that wetland
Is the Sampled AreaYes
Yes
Yes
Hydric Soil Present?
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Nowithin a Wetland?Yes
Sediment Deposits (B2)
Drift Deposits (B3)
Remarks:
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
4
0
Depth (inches):
Depth (inches):
Depth (inches):
No
Saturation Present?
(includes capillary fringe)
Surface Water Present?
Field Observations:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0
Wetland WF
Sampling Point:
(Plot size:
1.
2.
3.
4.
5.
6.(A/B)
7.
50% of total cover:20% of total cover:x 1 =
Sapling/Shrub Stratum (Plot size:x 2 =
1.x 3 =
2.x 4 =
3.x 5 =
4.Column Totals:(B)
5.
6.
7.
8.X
9.
4 - Morphological Adaptations1 (Provide supporting
50% of total cover:20% of total cover:
Herb Stratum (Plot size:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
50% of total cover:20% of total cover:
Woody Vine Stratum (Plot size:
1.
2.
3.
4.
5.
50% of total cover:20% of total cover:Yes X10
=Total Cover20
Bignonia capreolata
10 Yes
Yes
FAC
Remarks: (Include photo numbers here or on a separate sheet.)
)5' radius
=Total Cover
FACW
OBL
Yes
4
1 - Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is >50%
VEGETATION (Four Strata)– Use scientific names of plants.
35 14
10
Yes
Yes
FACW
FAC
Multiply by:
Prevalence Index = B/A =
Prevalence Index worksheet:
FACW
Total % Cover of:
(A)
(B)
(A)
8
410
20
15' radius
Definitions of Four Vegetation Strata:
Woody Vine – All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present?
FAC
=Total Cover
Herb – All herbaceous (non-woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
30' radius )
Toxicodendron radicans
40
Yes
Yes
10
20
Saururus cernuus
20Carex sp.
Juncus effusus 10
20
Carpinus caroliniana
Tree Stratum
)
=Total Cover
Quercus phellos
Quercus michauxii
Fraxinus pennsylvanica
30' radius )
70
Indicator
Status
30
30
No
Dominant
Species?
Yes FAC
OBL species
FACW species
FAC species
10
Sapling/Shrub – Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft (1
m) tall.
Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
1Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Absolute
% Cover
87.5%
Percent of Dominant Species
That Are OBL, FACW, or FAC:
3 - Prevalence Index is ≤3.01
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation1 (Explain)
No
WD-2 Wet
7
8
FACU species
UPL species
Hydrophytic Vegetation Indicators:
Total Number of Dominant
Species Across All Strata:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0
Wetland WF
X
X
Depth (inches):X
Sampling Point:
Yes
Restrictive Layer (if observed):
Remarks:
Hydric Soil Present?
Type:
Histosol (A1)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Loc2
80
Loamy/Clayey
Loamy/Clayey
90 C
Color (moist)
Matrix
C10YR 4/1
10YR 4/3 10YR 4/6
7.5YR 4/63-12
0-3
WD-2 Wet SOIL
Type1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches) Color (moist)Remarks
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
%
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Sandy Mucky Mineral (S1)
Sandy Redox (S5)
%
M20
Distinct redox concentrations
Texture
Prominent redox concentrations
10 M
Stripped Matrix (S6)
Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
Umbric Surface (F13) (MLRA 122, 136)
Piedmont Floodplain Soils (F19) (MLRA 148)
Sandy Gleyed Matrix (S4)MLRA 136)
Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148)
No
Hydric Soil Indicators:
Polyvalue Below Surface (S8) (MLRA 147, 148)
Thin Dark Surface (S9) (MLRA 147, 148)
Loamy Gleyed Matrix (F2)
Redox Dark Surface (F6)
Redox Depressions (F8)
Loamy Mucky Mineral (F1) (MLRA 136)
Depleted Matrix (F3)
Depleted Dark Surface (F7)
2 cm Muck (A10) (MLRA 147)
Coast Prairie Redox (A16)
Indicators for Problematic Hydric Soils3:
(MLRA 147, 148)
Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
Very Shallow Dark Surface (F22)
Red Parent Material (F21)
(outside MLRA 127, 147, 148)
2 cm Muck (A10) (LRR N)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0
Wetland WF
WE
This upland form also covers Wetland WF
/WF
WE /WF
WE /WF

Appendix C

ORM Data Entry Form
JD Request Form
PJD Form
Agent Authorization Form
Waters Upload Spreadsheet

Preliminary ORM Data Entry Fields for New Actions
SAW – 20Ϯ Ͳ BEGIN DATE [Received Date]:
Prepare file folder
1.Project Name [PCN FŽƌm A2a]:
2.Work Type: Private Commercial
4.Property Owner / Applicant [PCN Form A3 or A4]:
5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]:
6.Related Action ID Number(s) [PCN Form B5b]:
8.Project Location - Tax Parcel ID [PCN Form B1a]:
9.Project Location – County [PCN Form A2b]:
10.Project Location – Nearest Municipality or Town [PCN Form A2c]:
11.Project Information – Nearest Waterbody [PCN Form B2a]:

ϭϮ͘tĂƚĞƌƐŚĞĚͬϴͲŝŐŝƚ,LJĚƌŽůŽŐŝĐhŶŝƚŽĚĞ΀WE&ŽƌŵϮĐ΁͗
Authorization: Section 10 Section 404
Regulatory Action Type:
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Revised 20150602
3.Project Description / Purpose [PCN Form B3d and B3e]:
7.Project Location - Coordinates͕^ƚƌĞĞƚĚĚƌĞƐƐ͕ĂŶĚͬŽƌ>ŽĐĂƚŝŽŶĞƐĐƌŝƉƚŝŽŶ[PCN Form B1b]:
/ŶƐƚŝƚƵƚŝŽŶĂů Government
Section 10 & 404
Pre-Application Request
Unauthorized ĐƚŝǀŝƚLJ
Compliance
EŽWĞƌŵŝƚZĞƋƵŝƌĞĚ
1
Town of Apex Project – Middle Creek Greenway, Phase I
Phase I of the Town of Apex’s Middle Creek Greenway - Miramonte to Holly Springs Connector Project is comprised of the greenway connection that runs
between the northern right-of-way boundary of future NC Highway 540 (also southern property boundary of the Reunion Pointe subdivision) to the southern
right-of-way of Sunset Lake Road/ the Town of Holly Springs border at Sunset Lake Road
Town of Apex, ATTN: Angela Reincke
James Mason - Three Oaks Engineering, Inc.
Lat: 35.681393 Long: -78.825405
Multiple PINs
Wake
Apex
Middle Creek
03020201
42X
X
Jurisdictional Determination Request
Version: May 2017
Page 1

This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELDOFFICES
US ArmyCorps of Engineers
151 Patton Avenue,Room 208
Asheville, North Carolina28801-5006
GeneralNumber: [phone]
Fax Number: [phone]
RALEIGHREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina27587
GeneralNumber: [phone]
Fax Number: [phone]
WASHINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
2407 West Fifth Street
Washington, North Carolina27889
GeneralNumber: [phone]
Fax Number: [phone]
WILMINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
GeneralNumber:910-251-4633
Fax Number: [phone]
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Jurisdictional Determination Request
Version: May 2017
Page 2
A. PARCEL INFORMATION
Street Address: _______________________________________________
City, State: _______________________________________________
County:
Parcel Index Number(s) (PIN):
B. REQUESTORINFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
_________________________________________
_________________________________________
________________________________________
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant
1
Interested Buyer or Under Contract to Purchase
Other, please explain. ________________________________________
__________________________________________________________
C. PROPERTY OWNER INFORMATION
2
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
_______________________________________________________________________________________________________________________
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
off the north side of Sunset Lake Road, between Stonecreek Dr and Black Forest Dr/River Falls Dr
Apex, NC
Wake
Multiple PINs
James Mason,PWS
324 Blackwell Street, Suite 1200
Durham, NC 27701
[phone]
[e-mail]
Town of Apex
ATTN: Angela Reincke, Parks and Greenways Planner
PO Box 250, Apex, NC 27502
[phone]
[e-mail]
✔
Jurisdictional Determination Request
Version: May 2017
Page 3

D. PROPERTY ACCESS CERTIFICATION
3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name
Capacity: Owner Authorized Agent5
Date
Signature
E. REASON FOR JD REQUEST:(Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources underCorpsauthority.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps, andthe JDwould beusedto avoid and minimize
impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting
process.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
I intendto construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
I believe that the site may be comprised entirely of dry land.
Other:___________________________________________________________________
_______________________________________________________________________
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
James Mason, PWS
3/10/2021
✔
✔
James Mason Digitally signed by James Mason
Date: 2021.03.05 11:36:30 -05'00'
Jurisdictional Determination Request
Version: May 2017
Page 4

F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be “waters of the United States” or “navigable waters of the United States”on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional “waters of
the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
“preliminary” in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional “waters of the United States” or “navigable waters of the United
States” are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other “affected
party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area acres.
The property boundary (or review area boundary) is clearly physically marked on the site.
2.73
✔
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 5

H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: ______________________
Longitude: ______________________
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
ƒNorth Arrow
ƒGraphical Scale
ƒBoundary of Review Area
ƒDate
ƒLocation of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
ƒJurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
ƒIsolated waters, waters that lack a significant nexus to navigable waters, or non-
jurisdictional upland features should be identified as Non-Jurisdictional. Please
include a justification in the label regarding why the feature is non-jurisdictional (i.e.
“Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
ƒWetland and non-wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non-wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
____________________________________________________________________________
6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the
supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Jurisdiction/
35.681393
-78.825405
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Jurisdictional Determination Request
Version: May 2017
Page 6

Completed appropriate Jurisdictional Determination form
x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the
Aquatic Resource Table
x AJDs, please complete an Approved Jurisdictional Determination Form
8
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
_____________________________________________________________________________
7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf
8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine
whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory
authorities referencedabove.
RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local
government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal
law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the
approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website
andontheHeadquartersUSAGEwebsite.
Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the
requestforanAJD cannot beevaluatednorcananAJD be issued.
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Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD:
B.NAME AND ADDRESS OF PERSON REQUESTING PJD:
C.DISTRICT OFFICE, FILE NAME, AND NUMBER:
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.:Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non-wetland
waters)
Geographic authority
to which the aquatic
resource “may be”
subject (i.e., Section
404 or Section 10/404)
See Attached List
James Mason, 324 Blackwell St, Suite 1200, Durham, NC 27701
NC Wake Apex
35.681393 -78.825405
17
Middle Creek
Aquatic resources in the review area which “may be” subject to regulatory jurisdiction
Site Number Latitude Longitude
Estimated amount of
aquatic resource in review
area (lin. ft. or ac.)
Type of aquatic
resource
Geographic
authority to which
the aquatic
resource “may be”
subject
SA 35.682753 -78.824363 50 lin. ft. Non-wetland
WOUS (Per. Str.) Section 404
WE 35.681104 -78.825287 0.02 ac. Wetland WOUS Section 404
WF 35.680313 -78.825107 <0.01 ac. Wetland WOUS Section 404
Note: Wetlands WA – WD and a portion of WE were already within areas delineated as part of NCDOT project R-2828. Therefore, the
NCDOT delineation was used and those wetlands were removed from this project’s delineation.
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring “pre-
construction notification” (PCN), or requests verification for a non-reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant’s acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit)or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there “may be” waters of the U.S. and/or that there “may be”navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report. Rationale: _______BBBBBBBBBBBB.
Data sheets prepared by the Corps:________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Corps navigable waters’ study: ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
U.S. Geological Survey Hydrologic Atlas: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: _________BBBBBBBBBBBBBBBBBBBBBB.
Natural Resources Conservation Service Soil Survey. Citation: __________BBBBBBBBBBBBBBBBB.
National wetlands inventory map(s). Cite name: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
State/local wetland inventory map(s): ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
FEMA/FIRM maps: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
100-year Floodplain Elevation is: ____BBBBBBBBBBBB.(National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
or Other (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Previous determination(s). File no. and date of response letter:__________BBBBBBBBBBBBBBBB.
Other information (please specify): ______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
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.
Signature and date of Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
the signature is impracticable)
1
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
Vicinity Map, Topo Map, Jurisdictional Resources Map, LiDAR Map
2019 Apex, NC, 1:24,000
Wake County, 1970
James Mason Digitally signed by James Mason
Date: 2021.03.05 11:37:45 -05'00'
PROPERTY LEGAL DESCRIPTION:
AGENT AUTHORIZATION FORM
0750129771, 0750139122
0750230303, 0750221956, 0750146262
LOT NO. PLAN NO. PARCEL ID:
STREET ADDRESS: off the north side of Sunset Lake Road, between Stonecreek Dr
and Black Forest Dr/River Falls Dr at the pump station
Please print: Town of Apex, North Carolina
Property Owner:
Property Owner: Contact: Angela Reincke, Parks and Greenways Planner
The undersigned, registered property owners of the above noted property, do hereby authorize
James Mason, PWS of Three Oaks Engineering, Inc.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
73 Hunter St, PO Box 250, Apex, NC 27502
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
7/iW�,� James
_ la�,� 1 �satr Mason
Authorized Signature
Date: 2/21/2021
Authorized Signature
Date: 2.1 3._ 7
o.= o, o,,7,Vg tz Three Oaks Engineering, Inc.

Waters_Name State Cowardin_Code HGM_Code Meas_Type Amount Units Waters_Type NWPR_Determine_Code Latitude Longitude Local_WaterwaySANorth CarolinaR2UB RIVERINE Linear 50 FOOT PJD40435.682753 -78.824363 Middle CreekWENorth CarolinaPFO RIVERINE Area 0.02 ACRE PJD40435.681104 -78.825287 Middle CreekWFNorth CarolinaPFO RIVERINE Area 0.01 ACRE PJD40435.680313 -78.825107 Middle Creek