20121032 Ver 1_USACE Permit_20121212

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U.S. ARMY CORPS OF ENGINEERS ye
WILMINGTON DISTRICT
Action Id SAW- 2012 -01924 County Wake U S G S Quad NC- BAYLEAF
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owners: William Mills, Alease Weatherspoon
Mills, Ricky Bennett, Denise Bennett
Address: 8816 Breeland Way
Raleigh, North Carolina, 27613
Agent: Sod & Environmental Consultants, PA
Nicole Thomson
Address: 11010 Raven Ridge Road
Raleigh, North Carolina, 27614
Size and location of property The project area contains 7.29 acres of land and is located 400 feet southeast of the
intersection of Batiste Admaston Drive and Carlswood Court in Raleigh, Wake County, North Carolina. Latitude 35.9036
Longitude - 78.7092
Description of projects area and activity The placement of fill material into 20 linear feet of perennial stream to facilitate the
installation of a sewer line which would serve a proposed 18 -lot residential subdivision.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Nationwide Permit Number 12
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
conditions, your application dated November 8, 2012, and the enclosed plans dated January 31, 2012. 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 appropriate legal 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 identified below, provided it complies with all requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e , are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain 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 an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements 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 you have any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David L. Shaeffer at (919) 554 -4884 ext. 31
us
Corps Regulatory Official =°"w -0 =m
Date 12/11/2012
Expiration Date of Verification: 12/11/2014
Copy Furnished Ricky and Denise Bennett, 8815 Breeland Way, Raleigh, NC, 27613,
Ian McMillan, North Carolina Division of Water Quality
DO
DEC 1 2012
DENR - WATER QUALITY

Determination of Jurisdiction:
A. ® 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 33 1)
B. ❑ 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
C. ❑ 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
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued Action ID
Basis For Determination
Based upon the preliminary information submitted by the applicant, the project area appears to contain a stream that is
relatively permanent and which flows to a traditionally navigable water.
Remarks See the enclosed Preliminary Jurisdictional Determination dated December 5, 2012
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 and C
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
Arm Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone [phone]
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
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence **
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Date 12/11/2012

Action ID Number: SAW - 2012 -01924 County: Wake
Permittee: William Mills, Alease Mills Weatherspoon, Ricky Bennett, and Denise Bennett
Date Permit Issued: 12/11/2012
Project Manager: David L. Shaeffer
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:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David L. Shaeffer
Please note that your permitted activity is subject to a compliance inspection by a 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 condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD) 12/5/2012
B NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD. Nicole Thomson, 11010 Raven Ridge
Road, North Carolina, 27614
C DISTRICT OFFICE, FILE NAME, AND NUMBER. Wilmington District, Raleigh Field Office, Mills and Bennet,
Hare Snipe Creek, Sewer Line, SAW- 2012 -01924
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATECODIES AT SITES)
State NC County /parish/borough Wake City 1¢; gLl
Center coordinates of site (lat/long in degree decimal format) Lat 35 90360 N, Long -78 7092° E
Universal Transverse Mercator NAD83
Name of nearest water body Hare Snipe Creek
Identify (estimate) amount of waters in the review area
Non - wetland waters 20 linear feet 9 width (ft) and/or acres
Cowardm Class Rrverme
Stream Flow Perennial
Wetlands 0 acres
Cowardm Class N/A
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 APPLIES)
® Office (Desk) Determination Date 12/5/2012
❑ Field Determination Date(s)
1 The Corps of Engineers believes that there maybe 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
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 Project plans Sheets 1 -4 dated
1/31/2012
❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ 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
❑ USDA Natural Resources Conservation Service Soil Survey Citation
❑ National wetlands inventory map(s) Cite name
❑ State /Local wetland inventory map(s)
❑ FEMA/FIRM maps
❑ 100 -year Floodplam Elevation is (National Geodetic 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)
IMPORTANT NOTE- The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later iurisdictional determinations
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature
Impracticable)