20210053 Ver 1_Preliminary Jurisdictional Determination for Foundation Drive in Wake County (SAW-2021-00426) (001)_20230815

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00426 County: Wake Countv U.S.G.S. Quad: Wake Forest
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Authorized Agent: Sage Ecological Services, Inc.
Attn: Kim Hamlin
Address: 3707 Swift Drive
Raleigh, North Carolina 27606
Telephone: [phone]
Size (acres) —5.15 Nearest Town Wake Forest
Nearest Waterway Smith Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.9451
Longitude:-78.5085
Location description: The uroiect area is in the northwest quadrant of the intersection of Foundation Drive and
Forestville Road in Wake Forest, Wake Countv, North Carolina. The uroiect area is highlighted within the red uolvgon
on the attached, "Potential Jurisdictional Determination Wetland and Stream Sketch Mad' and dated Mav 18, 2021.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in 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 (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U. S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2

SAW-2021-00426
_ 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.
_ 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 [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact April Norton at
[phone] or April.RNortonC&usace.army.mil.
C. Basis for Determination: N/A. An Approved JD has not been completed.
D. Remarks: None.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHIL,IP.A. SHANNIN(&USACE.ARMY.MIL,

SAW-2021-00426
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 N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by April R.
April R. Norton Norton
Corps Regulatory Official: Date:2021.05.18 16:28:51-04'00'
Date: Mav 18, 2021
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://cop2smapu.usace.army.mil/cm qpex/f?p=l36 A:0.

SAW-2021-00426
7WNO:TIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Heritage RMX, LLC.
File Number: SAW-2021-00426
Date: Mav 18, 2021
Attn: Robert Defeo
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
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 http://www.usace.annv.mil/Missions/CivilWorks/Res4ulatorvPros4ramandPennits.asbx or
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 11 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 division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2021-00426
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 JECTIONS 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 JgORMATIO
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,
US Army Corps of Engineers
Attn: April Norton
South Atlantic Division
3331 Heritage Trade Drive
Attn: Mr. Philip A. Shannin
Wake Forest, North Carolina 27587
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN(&USACE.ARMY.MIL
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 appeal process. You will be provided a 15-day notice of any
site investigation and will have the opportunity to parrticipate 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, Attn: April Norton, 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. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.ARMY.MIL

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: May 18, 2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Sage Ecological Services, Inc.
Attn: Kim Hamlin
3707 Swift Drive
Raleigh, NC 27606
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh Regulatory Field Office
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:). The Site is located
in the northwest quadrant of the intersection of Foundation Drive and Forestville Road in Wake Forest,
Wake County, NC. The proposed project is a residential apartment development to meet the demand for
housing in this area.
E. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC
RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Wake County City: Wake Forest
Center coordinates of site (lat/long in degree decimal format): Lat.: 35.9451°N, 78.5085°W
Universal Transverse Mercator: Zone 17S 3980728 724730
Name of nearest waterbody: Smith Creek
F. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
[N Office (Desk) Determination. Date: May 18, 2021
® Field Determination. Date(s): May 18, 2021

TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY
JURISDICTION.
Type of
Estimated amount
aquatic
Geographic authority to
Latitude
Longitude
of aquatic resources
resources
which the aquatic
Site Number
(decimal
(decimal
in review area
(i.e., wetland
resource "may be"
degrees)
degrees)
(acreage and linear
vs. non-
subject (i.e., Section
feet, if applicable
wetland
404 or Section 10/404)
waters
WA-1
35.9444°N
78.5080°W
0.009 ac.
Wetland
Section 404
WA-2
35.9450°N
78.5085°W
0.004 ac.
Wetland
Section 404
WA-3
35.9454°N
78.5087°W
0.008 ac.
Wetland
Section 404
WA-4
35.9457°N
78.5088°W
0.092 ac.
Wetland
Section 404
Stream A
35.9448°N
78.5082°W
738 LF
Non -wetland
Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request and
obtain an approved JD (AJD) for that review area based on an informed decision after having
discussed the various types of JDs and their characteristics and circumstances when they may
be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWT) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept a
permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without requesting
an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit
authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance
on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic
resources in the review area affected in any way by that activity will be treated as jurisdictional,
and waives any challenge to such jurisdiction in any administrative orjudicial compliance or
enforcement action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as
practicable. Further, an AJD, a proffered individual permit (and all terms and conditions
contained therein), or individual permit denial can be administratively appealed pursuant to 33
C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official
determination whether geographic jurisdiction exists over aquatic resources in the review area,
or to provide an official delineation of jurisdictional aquatic resources in the review area, the
Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "maybe" waters of the U.S. and/or that there "maybe" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could be
affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 3- Stream and Wetland Sketch MM
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
[N Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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: 1:24,000 Wake Forest, NC Quadrangle
® Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey, Sheet 15
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ❑Aerial (Name & Date):
or ®Other (Name & Date): Site Photos
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
April R. Digitally signed by
April R. Norton
Date: 2021.05.18
Norton
16:28:03-04'00'
Signature and date of Regulatory staff
member completing PJD
Dec tuber 30, 2020
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature is
impracticable) t
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

NOTE: Location, shape, and size of
depicted features on the evaluated site
are approximate and should be surveyed
by a licensed NC surveyor for final site planning
All features must be confirmed by
the NCDWR and the USACE.
Netland WOUS
and WA-3
1.0( ac.
Potential Wetl
Wetland
. ,
Potential Wetland WOUS ; �►�� '�
�, " 'Wetland WA-4 al.
r
r■ �� 1r
PotentialrWetlM WOUi .
;w Wetland WA't
+l-'0:009 ac.
Foundation or
Q Project Study Area
® Wetland -Potential Jurisdictional WOUS
Perennial Stream - Potential Jurisdictional WOUS
Map Location Potential Jurisdictional Determination Figure 3
Granville Wetland & Stream Sketch Map
Franklin
Orange Durham N
• Foundation Drive Apartments
Sage Project # 2020.100
Chatham Wake May 18, 2021
Johnston 0 87.5 175 Sage Ecological Services, Inc.
Lee Feet Office: 919-335-6757
Harnett Cell: 919-559-1537