20050824 Ver 2_More Info Received_20130121

Strickland, Bev
From: Higgins, Karen
Sent: Monday, January 21, 2013 11:15 AM
To: Strickland, Bev
Subject: FW: USACE App for Cleveland Springs
Attachments: permit application 12- 20- 2012.pdf
For 05 -0824 v2
Thanks -
Karen
Karen Higgins
Supervisor, Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - Division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: [phone]
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Nikki Thomson [mai Ito: nthomson(a)sandec.com]
Sent: Monday, January 21, 2013 11:08 AM
To: Higgins, Karen
Subject: USACE App for Cleveland Springs
I hope this goes through...
And thank you so much for the phone call (although I am really sorry you have to work today!!). Let me know if
you need anything else...
Nik
Nicolc j 1-lomson
Kc "Ulator� 5pcCialist
5CA & JF7 nvlronmcntal Consultants, I to
i 10 1 0 Kavcn KidQc Roach
RalciQ1-1, NC 276,4
NT�Iomson@,_J'anjr Ccom
rhonc: (9 i n1 346 -7.900
rax: (9 t 9) X46 nq 6?
mobilc: �9 i 9� X23 -0083
1

Visit us at,_J'andrC.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain
confidential information. This electronic communication may not have passed through our standard review /quality control
process. Design data and recommendations included herein are provided as a matter of convenience and should not ke used for
final design. Kel.9 only on final, hardcopy materials kearing the consultant's original signature and seal. If you are not the named
addressee (11), any use, dissemination, distrikution or copying of this communication is prohikited. If you have received this
electronic communication in error, please notify the sender ky return e -mail and delete the original communication from your
system. ThanL you.
N

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
December 20, 2012
S &EC Project # 11070.P3
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Thomas Brown
3331 Heritage Trade Drive, Ste. 105
Wake Forest, NC 27587
From: Nicole Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: The Village at Cleveland Springs, Johnston County, NC
On behalf of the Owners, Lighthouse Cleveland Springs, LLC, please find attached a complete application and
supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the
activities proposed below may proceed under Nationwide Permit (NWP) 29. Please contact me at (919) 846 -5900 if
you have any questions or require additional information.
PROJECT SUMMARY
Project Name
The Village at Cleveland Springs
Project Type
Residential Development
Owner / Applicant
Lighthouse Cleveland Springs, LLC
County
Johnston
Nearest Town
Clayton
Waterbody Name
UT to Swift Creek
Index Number
27- 43 -(8)
Class
C; NSW
USGS Cataloging Unit
03020201
IMPACT SUMMARY
Stream Impact (acres):
0
Wetland Impact (acres):
0.0071 Perm. /0.0018 Temp.
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.0071 Perm. /0.0018 Temp.
Total Stream Impact (linear feet):
0
Attachments:
Pre - construction Notification (PCN) Application Form
Agent Authorization Forms
USGS Topographic Site Vicinity Map
NRCS Soil Survey Site Vicinity Map
Rapanos Forms for northern & southern tracts
DWQ Buffer letters
Impact Maps

M
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Noifi i ( ) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ❑ No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Cleveland Springs
2b. County:
Johnston
2c. Nearest municipality / town:
Garner
2d. Subdivision name:
The Village at Cleveland Springs
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
Lighthouse Cleveland Springs, LLC
3b. Deed Book and Page No.
04039/0733
3c. Responsible Party (for LLC if
applicable):
Mr. Robert P. Dougherty
3d. Street address:
1712 Bay Circle West
3e. City, state, zip:
Orange Park, FL 32073
3f.' Telephone no.:
904 - 635 -0667
3g. Fax no.:
N/A
3h. Email address:
NIA
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Applicant is Owner as listed on the Agent
Authorization; please copy agent (S &EC) on all correspondence
4b. Name:
Mr. Robert P. Dougherty
4c. Business name
(if applicable):
Lighthouse Cleveland Springs, LLC
4d. Street address:
1712 Bay Circle West
4e. City, state, zip:
Orange Park, FL 32073
4f. Telephone no.:
904 - 635 -0667
4g. Fax no.:
N/A
4h. Email address:
N/A
5. Agent/Consultant Information (if applicable)
5a. Name:
Nicole J. Thomson
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
11010 Raven Ridge Road
5d. City, state, zip:
Raleigh, NC 27614
5e. Telephone no.:
(919) 846 -5900
5f. Fax no.:
(919) 846 -9467
5g. Email address:
[e-mail]
Page 2 of 12

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
162700 -59 -7733; 162700 -58 -8901; 162700 -69 -2885
1 b. Site coordinates (in decimal degrees):
Latitude: 35.6153 Longitude: - 78.5762
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
+/- 64 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Swift Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
27- 43 -(8); C;NSW
2c. River basin:
Neuse River (USGS Cataloging Unit 03020201)
3. Project Description
F3a. the existing conditions on the site and the general land use in the vicinity of the project at the time of this
'Describe
pplication:
Initial phases of this development were done by the previous owners. No previous permits were known to be required as
the development occurred in upland areas. The remaining property is currently forested with an existing Gas Line
Easement that bisects the property on an east -west axis. The surrounding area is comprised primarily of existing
residential subdivisions as well as commercial development along the nearby NC 42 corridor.
3b. List the total estimated acreage of all existing wetlands on the property:
0.136
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
—1,700
3d. Explain the purpose of the proposed project:
The purpose of the proposed project will be to complete the Villages at Cleveland Springs development. This will include
the necessary roadway infrastructure, utilities, etc. required for a residential subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
As described above, initial phases of this development were done by the previous owners. With the market downturn in
recent years, the prior owners abandoned the site. The current owners wish to complete the development as was
originally proposed. The project will require one, minor, permanent wetland impact associated with a proposed roadway.
All remaining streams and wetlands on the property have been avoided. Typical equipment such as dump trucks, front
end loaders, backhoes, etc. will be utilized to complete the proposed residential development.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes ❑ No Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: S &EC, PA
Name (if known): Steven Ball
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Mr. Thomas reviewed the site on October 14, 2010 and confirmed the delineation done by S &EC staff. A wetland sketch
map and Rapanos wetland forms are attached with this application package. The applicant is requesting a signed JD
along with the project Approval. The NC DWQ visited this site twice; once on June 10, 2008 and again on November 10,
2010. The Neuse Buffer /Intermittent- Perennial letters are attached (DWQ NBRRO 08 -150 and DWQ NB /IPRRO 10 -214).
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑ No ® Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number—
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Road Fill
Linear
® Yes
❑ No
® Corps
❑ DWQ
0.0071
W2 ❑ P -N T
Temporary
construction
Linear
® Yes
❑ No
® Corps
❑ DWQ
0.0018
2g. Total wetland impacts
0.0089
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P FIT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5of12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P FIT
4f. Total open water impacts
4g. Comments:
5. Pond o- Lane vonst- ruction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded I Filled I Excavated Flooded I Filled I Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below.
If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then
you MUST fill out Section D
of this form.
6a.
® Neuse
❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required.
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
133 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 12

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant requested a detailed delineation of streams and wetlands prior to site plan development in order to
determine the extent and location of streams and wetlands on the subject property. The subject site contains
several intermittent and perennial streams and associated riparian wetlands. The site plan has limited permanent
impacts to a minor wetland impact associated with a road crossing. Streams are not crossed multiple times by
roads. The proposed road impact is necessary in order to access useable upland portions of the property for
development.
The applicant is also aware of the regional conditions associated with the Nationwide Permits 29. With respect to
residential development conditions (Regional Conditions section 4.9) the applicant does not anticipate any impacts
to streams or wetlands associated with stormwater facilities, there are no proposed single- family recreation facilities
and there are no permanent wetland or stream fills proposed within the floodway and the stream classification for
this project is C (i.e. not Outstanding Resource Waters or High Quality Waters).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Orange protective silt fencing will be placed outside of the impacted wetland corridor to ensure protection of the non -
impacted wetland areas. It is the intent of this plan for construction impact to take place during the dryer months of the
year.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ®No
As the proposed permanent impacts to wetlands are well
below 1 /10th of an acre, we do not believe compensatory
mitigation should be required for this project.
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h Commente.
Page 8 of 12

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The Diffuse Flow Plan will be incorporated into the Stormwater
❑ Yes ® No
Management Plan (SMP) which is being reviewed by Johnston County, a Certified
Local Government. As this project is below notification thresholds per DWQ GC
3890, notification to and approval from DWQ is not necessary.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
20.6%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The SMP proposes 2 stormwater wet ponds to treat the stormwater generated by this project. As Johnston County is a
"Certified Local Government" (CLG) by DWQ, they will be handling the review and approval
of the proposed SMP.
E Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Johnston County
® Phase II
3b.
Which of the following locally - implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after- the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that most residential subdivisions are unlikely to cause cumulative impacts. This project does not meet any of the
three criteria of private projects that can clearly result in cumulative impacts. The proposed suburban in -fill development
is relatively small in nature, is within a residentially and commercially developed landscape bounded by existing home -
sites and a municipal land -fill and therefore, the utility infrastructure (i.e. water and electricity) are already in place to
service the proposed development. We anticipate that DWQ will advise us if a qualitative or quantitative impact analysis
is required.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The development will connect to existing sewer lines. Johnston County will insure that the capacity of their treatment
facility
will not be exceeded.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC- Natural Heritage Programs Virtual Workroom was used to search for elemental occurrences of state and
federally protected species in the vicinity of the project. The Dwarf Wedgemussel (Alasmidonta heterodon) is the only
Federally listed Endangered Species within the 2 -mile radius search of the project center. Other State species (either
threatened or endangered) within a 2 -mile radius of the project center include the Triangle Floater (Alasmidonta
undulate), the Yellow Lance (Elliptio lanceolata), the Roanoke Slabshell (Elliptio roanokensis), the Atlantic Pigtoe
(Fusconaia masoni), the Eastern Lampmossel (Lampsilis radiate) and the Creeper (Strophitus undulates).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project is in Johnston County which is not near any coastal or tidal habitat that would support EFH (i.e. salt
marshes, oyster reefs, etc.)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
* Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed.
Utilizing Google Earth and NC National Register Points, there are no historic sites immediately adjacent to the proposed
project. This project is consistent with adjacent land uses.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? http: / /www.ncfloodmaps.com
Nicole J. Thomson
12/20/12
kc7
Applic gen s ' nat re
Applicant/Agent's Printed Name
Date
(Agent's signature is valid only nzation letter from the applicant
is provided.
Page 11 of 12

Page 12 of 12

Sol"I & Environmental Consultants, PA
11014 Raven Ridge Road - Raleigh, North Carolina 27614 + Phone: [phone] • Fax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner or Municipal Official
Project Name /Description:
Dame:
The Department of the Army
U.S. Pay Corps of Engineers, I4Tilmington District
P.O. Box 2890
Wilmington, NC 28402
Attn: —rPiGVff'LSr'1^
Re: Wetlands Related Consulting and Permitting
S&EC Project # J 1 Y7L ,'?3
r
Field Office:
To Whom It May Concern:
I, the current landowner or municipal official, hereby designate and authorize Soil &
Environmental Consultants, PA to act in my behalf as my agent in the processing of permit
applications, to furnish upon request supplemental information in support of applications, etc.
from this day forward. The day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE' This anthorha+tion, for liability and proffessional col -W-esy reasons, is vaLd only for
goverment o ficials tad eu u r the property when accompanied by S &EC staff. You should tall
S &EC to arrange a site aneeting prior to visiting the site.

I

Wetiand Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846 -5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Cleveland Springs S &EC Project # 11070.W2 Date: 518108
Applicant/Owner: County: Johnston
Investigator: CF & SB State: NC
Do Normal Circumstances exist on the site? X Yes _ No Community ID: Bottomland HW Forest
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Outside flag 07
If needed ex lain on reverse.
VEGETATION
Dominant Plant Species
Stratum
Indicator
Dominant Plant Species Stratum Indicator
1. Acer rubrum
Tree
FAC
9.
2. Pinus taeda
Tree
FAC
10.
3. Carpinus caroliniana
Tree
FAC
11.
4. Eulalla viminea
Herb
FAC+
12.
5.
Depth to Free Water in Pit: (in.)
�
13.
6.
Depth to Saturated Soil: (in.)
14.
7.
_
15.
8.
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC -): _ 100%
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks):
Wetland Hydrology Indicators:
_ Stream, Lake or Tide Gauge
Primary Indicators:
Aerial Photographs
Inundated
Other
_ Saturated in Upper 12 Inches
X No Recorded Data Available
! Sediment Deposits
Drainage Pattems in Wetlands
Field Observations:
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: (in.)
Water- Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: (in.)
FAC- Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: (in.)
Remarks: No hydrology indicators met.

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846 -5900
Project/Site: Cleveland Springs S &EC Project # 11070.W2 Plot ID: Outside Flag 07
i
LS
Map Unit Name RnF
Drainage Class: Well Drained
(Series and Phase): Rion Sandy Loam 15-40%
slopes Field Observations
Taxonomy (Subgroup): Typic Hapludults
Confirm Mapped Type? _ Yes _ No
Profile Description:
Depth Matrix Color
Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist)
(Munsell Moist) Abundance /Contrast Structure, etc.
0 -8 A 10YR 4/2
Sandy Loam
8 -12+ B 7.5YR 5/6
Sandy Clay
Hydric Soil Indicators:
Hlstosol
Concretions
_ Histic Epipedon
High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor
Organic Streaking in Sandy Soils
_ Aquic Moisture Regime
Listed on Local Hydric Soils List
Reducing Conditions
Listed on National Hydric Soils List
Gleyed or Low - Chroma Colors
Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _ No
Is this sampling point within a wetland?
Wetland Hydrology Present? ^ Yes X No
Yes X No
Hydric Solis Present? _ Yes X No
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846 -5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Cleveland Springs S &EC Project # 11070.W2
Date: 5/8/08
Applicant/Owner:
County: Wake
Investigator: CF & SB
State: NC
Do )Normal Circumstances exist on the site? X Yes No
Community ID: Bottomland HW Forest
_
Is the site significantly disturbed (Atypical Situation)? Yes X No
Transect ID:
Is the area a potential Problem Area? Yes X No
Plot ID: Inside flag 07
If needed, ex lain on reverse.
Tree
VEGETATION
Dominant Plant Species
Stratum
Indicator
Dominant Plant Species Stratum Indicator
1. Acer rubrum
Tree
FAC
9.
2. Befula nigra
Tree
FACW
10.
3. Carpinus carolrniana
Tree
FAC
11.
4. Boehmeria cylindrical
Herb
FACW+
12.
5. iulalia viminea
Herb
FAC+
13.
6. Chasmanthium latilblium
Herb
FAC-
14.
7.
15,
8.
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAG):
83%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
X Sediment Deposits
_ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Field Observations:
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: (in.)
X Water - Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 3 (in.)
FAC - Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: 0 (in.)
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846 -5900
Project/Site: Cleveland Springs S&EC Project # 11070.W2 Plot ID: Inside Flag 07
SOILS
Map Unit Name Co
Drainage Class: Well Drained
(Series and Phase): Congaree Fine Sandy Loam
Field Observations
Taxonomy (Subgroup): Typic Udifluvents
Confirm Mapped Type? _ Yes No
Profile Description:
Depth Matrix Color
Mottle Color Mottle Texture, Concretions,
pinches Horizon (Mansell Moist)
( Munsell Moist) AbundancelContrast Structure, etc.
0-4 A 10YR 312
Sandy Clay Loam
5 -12+ B 10YR 411
Sandy Clay
Hydric Soil Indicators:
Histosol
Concretions
Histic Epipedon
High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor
Organic Streaking in Sandy Soils
Aquic Moisture Regime
Listed on Local Hydric Soils List
x Reducing Conditions
Listed on National Hydric Soils List
x Gleyed or Low - Chroma Colors
Other (Explain in Remarks)
Remarks:
ii Hydrophytic Vegetation Present?
I1 Wetland Hydrology Present?
ii Hydric Soils Present?
I Remarks:
X Yes _ No
X Yes No
X Yes _ No
Is this sampling point within a wetland?
X Yes No

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Streams labled intermittent on attached maps
State:NC County/parish/borough: Johnston/Wake City:
Center coordinates of site (lat/long in degree decimal format): Lat. 35.62000 N, Long. -78.5752'W—
Universal Transverse Mercator:
Name of nearest waterbody: Swift Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020201
Check if map /diagram of review area and/or potential jurisdictional areas is/are available upon request.
d Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
El Office (Desk) Determination. Date:
El Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are'uo "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required)
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
[] Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
[] Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 1700 linear feet: 2- 4width (ft) and /or acres.
Wetlands: .25 acres.
G Limits (boundaries) of jurisdiction based on:, 7 beUn�eat on Maiwual
Elevation of established OHWM (if known):
2. Non - regulated waters/wetlands (check If applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.AA and 2
and Section III.D.I.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
mouths). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. if the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section HI.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 0i4t st
Drainage area: PtckLst
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pi. I fst tributaries before entering TNW.
Project waters are Pi k:Ja# river miles from TNW.
Project waters are PIMList river miles from RPW.
Project waters are PAck List aerial (straight) miles from TNW.
Project waters are Pick I List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that applvl:
Tributary is: ❑ Natural
❑ Artificial (man - made). Explain:
❑ Manipulated (man- altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: PO O*
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/rif le /pool complexes. Explain:
Tributary geometry IPiel%i;ist
Tributary gradient (appro ximate average slope): °!
(c) Flow:
Tributary provides for: 0 List
Estimate average number of flow events in review area/year: rick last
Describe flow regime:
Other information on duration and volume:
Surface flow is: 01*J st. Characteristics:
Subsurface flow: Ftckiist. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
(3 shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
E] Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by: []
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings /characteristics
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
❑ survey to available datum;
❑ physical markings;
❑ vegetation lines/changes in vegetation types.
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e,g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
7Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow &lationship with Nan -TNW:
Flow is Pick Last. Explain:
Surface flow is: Pick List
_v
Characteristics:
Subsurface flow: Pick)40. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non -TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship,) to TNW
Project wetlands are PizkLisi river miles from TNW.
Project waters are Prek List aerial (straight) miles from TNW.
Flow is from: Picki"' .
Estimate approximate location of wetland as within the Pick -b t floodplain.
(u) Chemical Characteristics:
Characterize wetland system (e.g,, water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type /percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally- sensitive species. Explain findings:
❑ Aquatic /wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick iLl
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain Is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and iifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
E]. TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: Muhtple flow events in wet season, not so much in growing.

Provide estimates for jurisdictional waters in the review area (check all that apply):
0 Tributary waters: 1700 linear feet2- 4width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
3. Non -RPWsg that flow directly or indirectly into TNWs.
El Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
[_ Other non - wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year -round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland directly flows into RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: .25 acres.
0. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands that do not directly abut an RPW, but when considered in combination wiitli u'te tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
�] Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA - STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):to
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
n Other factors. Explain:
Identify water body and summarize rationale supporting determination:
sSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
io Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
El Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWAINCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (Mn).
El Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non- wetland waters (i.e., rivers, streams): linear feet width (ft).
[] Lakes/ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (cheek all that apply - checked items shall 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:
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 tine Corps:
Corps navigable waters' study:
d 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 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:
Applicable /supporting case law:
El Applicable /supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section W of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Streams labled perennial on attached maps
State:NC County /parish/borough: Johnston/Wake City:
Center coordinates of site (lat/long in degree decimal format): Lat. 35.6200° N, Long. -78.5752'W1
Universal Transverse Mercator:
Name of nearest waterbody: Swift Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020201
Check if map /diagram of review area and/or potential jurisdictional areas is /are available upon request.
El Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There sire mu "navigable waters of the U.S" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
I
area. [Required]
[Q Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There flip "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 1700 linear feet: 2- 4width (ft) and/or acres.
Wetlands: .25 acres.
c. Limits (boundaries) of jurisdiction based on 0$7' Manu0l
Elevation of established OHWM (if known):
Non - regulated waters /wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under aapeaos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, sldp to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
slap to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section IH.B.2 for any onsitc wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Ptcdci:t
Drainage area: PtcTi (1?st
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick1gbt river miles from TNW.
Project waters are PtekList river miles from RPW.
Project waters are Puk.Lbsit aerial (straight) miles from TNW.
Project waters are 1Prck`LisE aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that appal:
Tributary is: ❑ Natural
❑ Artificial (man- made). Explain:
❑ Manipulated (man - altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pic Oi c
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle /pool complexes. Explain:
Tributary geometry )6 t*
Tributary gradient (approximate average
(c) Flow:
Tributary provides for:PicltT�isf
Estimate average number of flow events in review area /year: PIck,tist
Describe flow regime:
Other information on duration and volume:
Surface now is: kickl iist. Characteristics:
Subsurface flow 1(cl;irtist. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
❑ Discontinuous OHWM .7 Explain:
If factors other than the OHWM were used to detertn
High Tide Line indicated by: 0
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markingsicharacteristics
❑ tidal gauges
❑ other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
❑ survey to available datum;
❑ physical markings;
❑ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally- sensitive species. Explain findings:
❑ Aquatic /wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General `, odand Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non -TNW:
Flow is: kic fist. Explain:
Surface flow is: Pftu< st
Characteristics:
Subsurface flow: 1[' *T*. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non -TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/ban ier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are P ck'304 river miles from TNW.
Project waters are PiC 'L,"Jit aerial (straight) miles from TNW.
Flow is from:icli List
Estimate approximate location of wetland as within the PiekLi§t floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characterist"s; etc.). ExPlair,:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type /percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis 10ck" *
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance fe.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
Does the tributary, in combination w- -Iu`, its adjacent wetl--ands (if any), provide habitat and lifecycie support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
[ TNWs: linear feet width (fi), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Trib observed in various seasons with flow.
[ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section II1.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1700 linear feet24 width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Non -RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
[l Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetland directly flows into RPW.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section I11.D,2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: .25 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters!
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Cj Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) 10
which are or could be used by interstate or foreign travelers for recreational or other purposes.
El from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
. which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
0 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet width (ft).
❑ Lakes/ponds: acres.
Other non- wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear met, width (ft).
Lakestponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall 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:
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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
Previous detennination(s). File no. and date of response letter:
Applicable /supporting case law:
Applicablc /supporting scientific literature:
El Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Streams labled intermittent on attached maps
State:NC County/parish/borough: Johnston/Wake City:
Center coordinates of site flat /long in degree decimal format): Lat. 35.62000 N, Long. - 78.5752° W.
Universal Transverse Mercator:
Name of nearest waterbody: Swift Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020201
Check if map /diagram of review area and /or potential jurisdictional areas is /are available upon request.
�] Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are.no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
...........
There'Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
1 Relatively p ermanent waters (RPWs' ) drat r;ow directly or indirectly into —'vv s
Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
E) Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 1700 linear feet: 2- 4width (ft) and /or acres.
Wetlands: .25 acres.
c. Limits (boundaries) of jurisdiction based on: )19$ I?eline�kiuit'Mtiltal
Elevation of established OHWM (if known):
2. Non - regulated waters /wetlands (check if applicable):3
Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For proposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section HIT.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent ":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RP 1 requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. if the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Dick List
Drainage area: Fick,` Llst
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through #14 '00 tributaries before entering TNW.
Project waters are Pi&'Llst river miles from TNW.
Project waters areieh ^i ilsl river miles from RPW.
Project waters are i..Ist aerial (straight) miles from TNW.
Project waters are Fick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man- made). Explain:
❑ Manipulated (man - altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: P414
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type / %cover:
❑ Other. Explain:
Tributary condition /stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle /pool complexes. Explain:
Tributary geometry 04"
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: ;pick Lief
Estimate average number of flow events in review area/year: 1'tiC1i aft
Describe flow regime:
Other information on duration and volume:
Surface flow is: )Pick List. Characteristics:
Subsurface flow: Fick JU4. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
El Discontinuous OHWM .7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
rl _High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings /characteristics ❑ vegetation lines /changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A nawral or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish /spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatic /wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non -TNW:
Flow is: Fick C . Explain:
Surface flow is: 0 it
Characteristics:
Subsurface flow: 010J., hit. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non -TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick , lUst river miles from TNW.
Project waters are Pick list aerial (straight) miles from TNW.
Flow is from: pick lli$t.
Estimate approximate location of wetland as within the i'iek Lisp floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type /percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish /spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatic /wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis:
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNW&. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS /WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
0 Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
0 Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: Mulitple flow events in wet season, not so much in growing.

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1700 linear feet2- 4width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Non -RPWs8 that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (Il).
Other non - wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland directly flows into RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: .25 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section I1l.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):1D
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
sSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps /EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
E❑ Other non - wetland waters: acres.
Identify type(s) of waters:
Wetlands:
acres.
NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and /or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
El Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
E] Non - wetland waters (i.e., rivers, streams): linear feet width (ft).
[] Lakes /ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
(❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
finding is required or jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
�❑ Lakes /ponds: acres.
Q Other non - wetland waters: acres. List type of aquatic resource:
j❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall 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:
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:
U 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:
Applicable /supporting case law:
❑' Applicable /supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Streams labled perennial on attached maps
State:NC County/parish/borough: Johnston /Wake City:
Center coordinates of site (lat/long in degree decimal format): Lat. 35.6200 °, Long. - 78.5752° ;
Universal Transverse Mercator:
Name of nearest waterbody: Swift Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020201
Check if map /diagram of review area and /or potential jurisdictional areas is /are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part. 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
TNWs, including territorial seas
Q Wetlands adjacent to TNWs
{ Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 1700 linear feet: 2- 4width (ft) and /or acres.
Wetlands: .25 acres.
c. Limits (boundaries) of jurisdiction based on: `19871)elineaton Manual
Elevation of established OHWM (if known):
2. Non - regulated waters /wetlands (check if applicable):3
Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For proposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year -round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Fick List
Drainage area: fPick.List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Fick List tributaries before entering TNW.
Project waters are Plck`I,ist river miles from TNW.
Project waters are fick;List river miles from RPW.
Project waters are fick'L st aerial (straight) miles from TNW.
Project waters are P!'ek List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs:
Tributary stream order, if known:
° Note that the Instructional Guidebook contains additional infonnation regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man - made). Explain:
❑ Manipulated (man - altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: II LIstl.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type /% cover:
❑ Other. Explain:
Tributary condition /stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle /pool complexes. Explain:
Tributary geometryickLtat
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick :last
Describe flow regime:
Other information on duration and volume:
Surface flow is: OickList. Characteristics:
Subsurface flow: ?icl.'LM. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings /characteristics ❑ vegetation lines /changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(W) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish /spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatic /wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non -TNW:
Flow is: Pic `41 Explain:
Surface flow is: Fick Gist
Characteristics:
Subsurface flow: PieksL:ist. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non -TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Plek List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: ,Plck mist.
Estimate approximate location of wetland as within the Fick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type /percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish /spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatic /wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick L st
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
Does the -tti in comibination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section I1I.1):
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS /WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Trib observed in various seasons with flow.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1700 linear feet2- 4width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Non -RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetland directly flows into RPW.
El Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: .25 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
El Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):'"
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
ED Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and /or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based sole]y on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes /ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes /ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall 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:
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 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:
Applicable /supporting case law:
Applicable /supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

a
Steven Ball
Soil & Environmental Consultants, PA
1 1010 Raven Ridge Rd
Raleigh, NC 27614
Dee Freeman
Secretary
NB/IPRRO# 10 -214
Johnston County
BASIN: +et5e n NCAC c"o M_33) Lj
c u2 arGmli d 59j
® Ephemeral /Intermittent/Perennial Determination ❑ Isolated Wetland Determination
Project Name:
Location/Directions:
Subject Stream:
Villages at CIeveland Springs
Subject property is an undeveloped parcel on north side of Glen Road in
Johnston County
IJT to Swift Creek
Date of Determination: November 10, 2010
Feature
E/UP*
Not
Subject
Subject
StartC
Stop
Stream
Form Pts.
Soil
Surve
USGS
To o
A
P
X
Flag SB03
X
X
B
E
X
Fla 200
Flag 212
C
I
X
Fla SB04
Flag SBO5
C'
P
X
Flag SBO5
Feature D'
D
I
X
Flag SB02
Flag SBO1
D'
P
X
Flag SBO1
Feature A
*E/IIP = EphemeraUlntermittent /Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Johnston County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the
I o Camlina
tura!!J
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper

-Villages at Cleveland Springs
Johnston County
January 3, 2011
Page 2 of 2
Director shall be referred to the Director in writing c/o Ian McMillan, ID Wetlands/401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260.
This determination is final and binding unless, as detailed above, you ask for ahearing or appeaP within sixty (60)
daS.
J
The owner/future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality ("ventral Office) at (919)-733-1786, and the US Army Corp of Engineers (IRaleigh
Regulatory Field Office) at (919)-876-8441.
Respectfully,
Martin Ricx/[nand
Environmental Specialist
cc: Wetlands/ Storinwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RR0/SVYT File Copy

,
20 000 FFET
^
NoB
tUA
OB
NkR
eD
NkB
VrA

\ §� — a
� y\ .
� \�
ƒ� �
:\ S
� /w,
S�
� /
. �� �
/ .
��§
d\
� /a;yy.
� � \
:� «
� >
� d.
�� / \
>� \ `
{� \\
� � \
«. � a
©m. ©_
� � >
®��

S &EC, Inc.
11010 Raven Ridge Rd
Raleigh, NC 27614
NBRRO #08 -150
Wake/Johnston County
BASIN:
Neuse River X Tax - Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Project Name: Cleveland Springs Tract
Location/Directions: Property is located north of Glen Rd, off Hwy 42, west of I40
Subiect Stream: UT to Swift Creek
Date of Determination: June 10, 2008
Feature(s)
Not
Subject
Subject
Start @
Stop@
Stream
Form Pts.
Soil Survey
USGS
Topo
A
I X
Fla `SOl,
Throughout-
X
X
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Johnston County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to.be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c% Cyndi Karoly, , DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 276042260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60 -day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
for a heatring, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This
determination is final and binding unless you ask for a hearing within 60 days. 10-0th
�
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enrslate mus 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal OpportunitylAfflrmative Action Employer— 50% Recycted110% Post Consumer Paper

Cleveland Springs Tract
Wake /Johnston County
August 11, 2008
Page 2 of 2
The (owner /future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)- 733 -1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919 )-876 -8441.
Respectfully,
Martin Richilond
Environmental Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO /SWP File Copy
Central Files
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet h2o.encstate.ne.us 1628 Mail Service Center Raleigh, NC 27699 -1628
An Equal Opportunfty /Affirmative Action Employer— 50% Recycled/1 D% Post Consumer Paper
Phone [phone] Customer Service
FAX [phone]
3�"Fh ;

w

Aw*o (Joins in
a of #S BRA i i' WnR _
Cos
diQ COQ-
t � t " �� k #�►7� �; � a, +� bra r� ��� t �1�t�' y; k� f�11+r d � f � � =�"��� �wk�
m�
d
S ,N MAI fps A
WOB

i h W �,dk s f a ' rt i rt ry �� t d� 3dfi� , & '�� '. �� a � n � ° r.• ry
h
j z L'jf Al �fSt S Ott Sj OT N ��k
j�t�,�t,
S t� t� ° t s<�S I S da 1 k xy(s .dth Sd t"' s °{ 41
%�{]�.`� � `� a a �� x f �� ` �' �rt4�� ��n N y}" 'fin # � NOB
'�1 {tEtX�t#
t .o-{
0
rr �� � k d', y 't� d�-ar��, �} r� �,•aS b ,f �S} t'�t� '} � t � F� rty z �p�
s
lu

u64NOfS30 "SjAVd03\S9Nj8dS QW73A37MIOZ\'d

AOUMMO N0113W.LSNW - S"W - Ma'S30 316/711JO dVW 13VJWI QNb7. gAf
N900 3NnDW1S13WPA - AOS301SNINW?d ACIAYB WhIl M
_ FN17OUFD IIJYON ,UN120D NOZSNHO
9NI:!ftN3 s
9a9LSe- !6+.SwI a IIIH3N13 , � ¢
SONMcfS QNV'IYi1d79 IV SJ[f IA dHb o �
LL \ \
U) da \ \
0- I
1
0 zs I I
J
9R \\ w \ \
a� \ z \ \ t
\ -j \ \
z \
\\ t= < \\ \ w
\ cn �- I \ z
\ \moo w�
oar\' /
o Y�
W II'
d J �
w
IL
AA
2�
\ \� U
IL
X / / 310
Z
Ci
+ -� - -- ! - - - -L_ Q
310
v M/
G
7
2�S
/
X
v
X
SI,
e�k
0
o cv
m
�o
a
UWM91530- SOA\1d93159NIddS ONV73AP,72i OZMd
?w
wLL
w�
g0-
zao
J � M
W ry,
z0
z
�0
W Q
Q IJ-
w
10X00
IL
SI,
e�k
0
o cv
m
�o
a
UWM91530- SOA\1d93159NIddS ONV73AP,72i OZMd

u- PNOIS30-SOA \1dO3\SONI6'dS 7 73A37MIOA'd
M7111'.W35B0 AwlxWnxro - sd��sr� - xa�s3v aysnlw
ADS30 3an.L W1S13WAG - NW9019VINW?d Aq'1tl18OdSAWUI
97Id02Id V3MV JOVdFVI
-
v
FNTTONYO LU?JON UNA03 NOlENHO
_
LLCo-d.a+ 1 9NI ® -
Cole l566t6 - ToFi33NIO N3
LL OB ISe W s9 IIIH3H13 y
=I�
dH.L
vosa �'N•w!
69t al ^S "ttl �SWO+i �+M 655 /
somy rS
QPIV7d na ,LV 90MIA
by
M�
agg
� 33
Z z�
I j CL
a�
�
° o
°0
°o
0
0
ow
oW«
o
�
v°
o
0
o
N O
O N
O LL
Q�
p OO f1
O+N LL
O
~u
LLI
90— �z
ui
2'a
< <m
Qz LL
°z
w
z5m
10
°
¢�v
o up
+
^^
C; I L
'
�
o
o _
n°
w
0
0
o
o
0
o
o
0
M M
o
0
M
o p
0 0
O --
F -
O'
CI �
11
m
(lJ O
nd TOM 0071 7dl
u- PNOIS30-SOA \1dO3\SONI6'dS 7 73A37MIOA'd