20211149 Ver 1_USACE Permit_20210903

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2014-00833 County: WakeU.S.G.S. Quad: NC-Green Level

NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED

Requestor: Aventon Companies
Ron Perera
Address: 5430 Wade Park Blvd., suite 320
Raleigh, NC 27607
Telephone Number: 919-875-4288
E-mail: [e-mail]

Size (acres) 15 Nearest Town Cary
Nearest Waterway Long Branch River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.8600
Longitude: -78.8965
Location description: The project site is approximately 15 acres located adjacent to Kit Creek Road, bordered to the east by NC
Hwy 55, and to the west by Green Level Church Road, near the town of Cary, Wake County, North Carolina.

Description of Activity: Activities include grading and construction within upland areas on the site per the attached site plan.

Your work as proposed does not require Department of the Army authorization for the following reason(s):

☐ The entire property is composed of high ground. Therefore, your proposed activity will not occur in any aquatic
resources.
☒ The proposed activity will occur in non-jurisdictional waters and/or wetlands.
☐ The proposed activity is not regulated and/or does not include regulated discharges of dredged or fill material. A
jurisdictional determination was not completed with this request. This letter does not address nor include any
consideration for jurisdiction on aquatic resources and shall not be interpreted as such. This is not an appealable action.
However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
☐ The proposed activity is exempt from Department of the Army regulations. A jurisdictional determination was not
completed with this request. This letter does not address nor include any consideration for jurisdiction on aquatic
resources and shall not be interpreted as such. This is not an appealable action. However, you may request an approved
JD, which is an appealable action, by contacting the Corps for further instruction.

Remarks:

This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal,
State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work.

For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management in Morehead City, North Carolina, at [phone] to discuss any required State authorization.

Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If there are any
questions regarding this notification or the Corps of Engineers regulatory program, please contact James Lastinger at 919-554-4884
ext 32 or [e-mail].

Corps Regulatory Official: _____________________________________________________ Date: 05/08/2020

Copies furnished by e-mail: [e-mail]

Enclosures

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Aventon Companies, Ron Perera File Number: SAW-2014-00833 Date: 05/08/2020
Attached is: See Section below
☐ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
☐ PROFFERED PERMIT (Standard Permit or Letter of permission) B
☐ PERMIT DENIAL C
☐ APPROVED JURISDICTIONAL DETERMINATION D
☐ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
 ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
 APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: James Lastinger , 69 Darlington Avenue, Wilmington, North
Carolina 28403

For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

KIT CREEK RD.CHALK HILL LNVOS WAY
Copyright © 2020 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization.
LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING
TRANSPORTATION PLANNING
2459 Wilkinson Blvd, Ste 200 Charlotte, NC 28208
704.343.0608
www.drgrp.com
SCALE: 1" = 100'
PROJECT #: 850-002
DRAWN BY:MW
CHECKED BY: SK
100
EXISTING
CONDITIONS
SHEET 1 OF 2
MARCH 31, 2020
REVISIONS:
N050AVENTON KIT CREEKCARY, NORTH CAROLINAAVENTON COMPANIES5420 WADE PARK BLVD, SUITE 320RALEIGH, NCO
P
W
KIT CREEK RD.CHALK HILL LNVOS WAY
Copyright © 2020 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization.
LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING
TRANSPORTATION PLANNING
2459 Wilkinson Blvd, Ste 200 Charlotte, NC 28208
704.343.0608
www.drgrp.com
SCALE: 1" = 100'
PROJECT #: 850-002
DRAWN BY:MW
CHECKED BY: SK
100
IMPACT AREA
SHEET 2 OF 2
MARCH 31, 2020
REVISIONS:
N050AVENTON KIT CREEKCARY, NORTH CAROLINAAVENTON COMPANIES5420 WADE PARK BLVD, SUITE 320RALEIGH, NCO
P
W