20150320 Ver 1_COE letter Robertsons_20150507

SAW-2014-02316
U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action ID. SAW - 2014 -02316
County: Wake
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property Owner: Mark Forestieri
Wake County Facilities Design & Construction
Address: Wake CoynL Office Building
336 Fayetteville Street
RaleiLyh, North Carolina 27601
Telephone Number: 919 -856 -6356
Size and Location of Property waterbod road name /number, town etc.: The project area is located
on the northeast corner of the intersection of Buffalo Creek and Robertson Pond Road in Wendell,
Wake County, North Carolina.
Description of Activity: The placement of Pilinas in ' urisdictional wetlands to facilitate the
construction of a raised boardwalk which would be used to access a dock.
Your work as proposed does not require Department of the Army authorization for the following
reason(s):
- There are no jurisdictional waters or wetlands within the boundaries of the property.
_ The proposed project does not impact jurisdictional waters or wetlands.
X The proposed project does not require a permit by Department of the Army regulation.
Specify: Placement of pilings in waters of the United States that does not have or would not
have the effect of a discharge of fill material shall not require a section 404 permit. Placement of
ilin s for linear ro'ects such as bridges, elevated walkways, and powerline structures generally
does not have the effect of a discharge of fill material. 323.3(c).
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 Washington, North Carolina, at (252) 956 -6481 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 you have any questions regarding the Corps of Engineers regulatory program, please
contact David Shaeffer at telephone number 919 -554 -4884 X31 or David .L.Shaeffer @usace.army.mil.
Regulatory Project Manager Signature
Date: 5/5/2015

SAW- 201.4 -02316
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://reizulatoa.usacesurvey.com/
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
BeEky Ward
Ward ConsulfinLy Engineers, P.C.
4805 Green Rd.
Ralei h NC 27616

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2014 -02316 County: Wake U.S.G.S. Quad: NC- KNIGHTDALE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Wake County Facilities Design & Construction
Mark Forestieri
Address: Wake County Office Building
336 Fayetteville Street
Raleigh, North, 27601
Telephone Number: 919 -856 -6356
Size (acres) Unknown
Nearest Waterway Buffalo Creek
USGS HUC 03020201
Nearest Town Wendell
River Basin Neuse
Coordinates Latitude: 35.8174
Longitude: - 78.4118
Location description: The proaect area is located on the northeast corner of the intersection of Buffalo Creek and
Robertson Pond Road in Wendell Wake County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). 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.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (C WA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
Page 1 of 2

There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311), if you have any questions regarding this
determination and /or the Corps regulatory program, please contact David Shaeffer at 919 -554 -4884 X31 or
David .L.Shaeffer(&usace.army.mil.
C. Basis For Determination: Based on the delineation report submitted by the applicant, the site exhibits criteria
for waters of the U.S. as defined in 33 CFR 328.3 the 1987 Wetland Delineation Manual and the Regional
Supplement to the 1987 Manual: Eastern Mountains and Piedmont v2.0.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation /determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by not applicable.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. **
Corps Regulatory Official:
Date: 5/5/2015
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
htt : / /re ulato ,usacesurve .coin /.

Applicant: Mark Forestieri
File Number: SAW -2014 -02316
Date: 5/5 /2015
Wake County Facilities Design &
Construction
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
_F11
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
ZI
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION T- - The following identifies your rights and options regarding an admini
'trative appeal offhe above decision.
Additional information maybe found at http://www.usace.army.inil/Missions/Civi
Works/Re ulator Pro amandPermits:as x or
Corps regulations at 33,C FR 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 INI�IAL PR
.FFERED 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 UESTIONS OR INFORMATION: j
If you have questions regarding this decision and /or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn:
Mr. Jason Steele, Administrative Appeal Review Officer
David Shaeffer, 3331 Heritage Trade Drive, Suite 105,
CESAD -PDO
Wake Forest, North Carolina 27587
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room lOMIS
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.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, David Shaeffer,
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. Jason Steele,
Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801
Phone: [phone]

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 5/5/2015
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Wake County Facilities Design & Construction, Mark Forestieri
Address: Wake County Office Building
336 Fayetteville Street
Raleigh, North, 27601
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW- 2014 -02316
(Wake County Facilities Design and Construction, Robertson Mill Pond,
PIN #1775345450
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Robertson's Millpond Preserve, Robertson Pond Road (SR 2324), Wake County,
NC. The land area included in this determination is shown in red on Figure 2
dated September 2014 titled Jurisdictional areas included in the administrative
record.
State: North Carolina County /parish /borough: Rowan County
Center coordinates of site (latllong in degree decimal format):
Lat. 35.8174260, Long. - 78.411867 °.
Name of nearest waterbody: Buffalo Creek, Robertsons Pond
Identify (estimate) amount of waters in the review area:
Nan - wetland waters: 0 linear feet: --width (ft)
Cowardin Class: --
Stream Flow: --
Wetlands: 0.24 acre.
Cowardin Class: PSS1A, PSS1A
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: 0
Non - Tidal: 0
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
® Office (Desk) Determination. Date: 5/5/2015

❑ Field Determination. Date(s):
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre- construction notification" (PCN), or requests verification for a non- reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
2

Estimated
Site
Cowardin
amount of
Class of
number
Latitude
Longitude
Class
aquatic resource
aquatic
resource
in review area
1. Wetland
non - Section 10
WA
35.817765
- 78.412033
PFO1A
0.21 acre
wetland
2. Wetland
35.817005
- 78.412717
PFO1A
0.03 acre
non- section 10
WB
wetland