HomeMy WebLinkAbout20090136 Ver 10_05b_Dunn Creek Phase III 404 Approval 20180226_20230825U.S. ARMY CORPS OF ENGINEERS copy
WILMINGTON DISTRICT
Action Id. SAW-2017-02221 County: Wake County U.S.G,S. Quad: Rolesville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee
Address:
Telephone Number:
Holly Miller
Town of Wake Forest
301 South Brook St.
Wake Forest, NC 27587
919-435-9443
Size (acres) Nearest Town Wake Forest
Nearest Waterway Smith Creels River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.9753727082163
Longitude:-78.4964017257925
Location description: The project -is site is a proposed 1.7 miles of new areenway beLyinninE at the northern terminus of phase 2
of the Dunn Creek greenway and continuing north to Juniper Avenue, with spur trails to Ailey YoungPrk, Wildflower Ridae
Seventh St., and alone Wait Ave. to Traditions Grande Blvd.
Description of projects area and activity: This permit verification allows for the use of multiple NWP 14s at 9 sinLyle and complete
crossings as described in the below table. Mitigation is required for this proposal.
Site
Number
Temporary
Impacts (LF)
Permanent
Impacts LF
Impact Type
1
0
54
Permanent/no permanent loss stabilization
1
0
2
Culvert
1
78
0
Temporary construction access
2
0
68
Permanent/no permanent loss stabilization
3
0
59
Permanent/no permanent loss stabilization
3
0
ill
Culvert
3
9
0
Temporary construction access
4
0
40
Permanent/no permanent loss stabilization
4
0
30
Culvert
4
10
0
Temporary construction access
5
0
56
Permanent/no permanent loss stabilization
5
0
25
Culvert
5
6
0
Temporary construction access
6
0
46
Permanent/no permanent loss stabilization
6
0
32
Culvert
6
17
0
Temporary construction access
7
13
0
Temporary construction access
8
7
0
Temporary construction access
9
0
51
Culvert
9
13
0
Temporary construction access
Total
153
474
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transportation
Pro i ects.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 12/21/2017. Any violation of the attached
SA,W-2017-02221
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revolted. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revolted, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (U., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization,
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Lastin er at 919 554-4884 or James.C.Lastin er usace.arm .miI.
Corps Regulatory Offcia Date: February 21, 2018
Expiration Date of Veri c 'on: 03/18/2022
sAw-2017-02221
SPECIAL CONDITIONS
In order to compensate for impacts associated with this permit, miti ation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form includinlz any s ecial
conditions listed on this form are hereby incorporated asspecial conditions of this permit
authorization.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Town of Wake Forest Attn: Holly Miller
Project Name: Dunn Creek Greenway phase 3
Action ID: SAW-2017-02221
County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
151
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
300
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 14 September, 2017
USAGE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument,
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to. 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331
Heritage Trade Drive, Suite 105, Wake forest, NC 27587 (email. todd.tugwell@usace.army.mi1). Questions regarding this
form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Jaynes Lastinger
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Email: J a_. `aH�1.G. -4 Yte-
r0
USACE Project0anager Signature
February 21, 2018
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at httpj/ribits.u_sace.@rmy.mil.
Page 2 of 2
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 the
Customer Satisfaction Survey located at our website at http!HregulatarV,usacesurvey.com/to complete the survey online.
Action ID Number: SAW-2017-02221 County: Wake County
Permittee: Holly _Miller, -Town of Wake Forest
Project Name: Dunn Creek Greenway/phase 3/Wake Forest/Wake County
Date Verification Issued: February 21, 2018
Project Manager: James Lastin er
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
[Il3yl_�►� �'Z�I�7'Y1�=.3l►Celi��i ll'.
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Project Manager
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
SAW-2017-02221 '
Determination of Jurisdiction:
A. ® 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 USG § 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 pennitted 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.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, including wetlands, within the above described project area that are 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,
Us determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis For Determination: See attached preliminary jurisdictional determination form
Remarks:
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 Iocal office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction 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 RIBA 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
Phone: (404) 562-5137
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 RIBA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. **
SAW-2017-02221
Corps Regulatory Official:
/James�mger
Date of JD: 02/21/2018
Expiration Date of JD: NIA
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://ooMsmgpu.usace.gM.mil/em_apex/Vp=13 6:4:0.
Copy furnished:
Agent: Jason Hartshorn
Kimley-Horn
Address: 421 Fayetteville Street, Suite 600
Raleigh, NC 27601
Telephone Number:
k
�
Applicant: Town of Wake Forest File Number: SAW-2017-02221
Date: February 21, 2018
Holly Miller
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 Thefollong identifies your r�gbts ;and aprons xegardng an admrnstxatlue appeal of the above
decry en Addition d1hLormatiori may be found at:/]www,usace.arrn onslc lcecwolre or
7.77.:rtullinet/furict
Coips regulanons 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 division 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.
SEC IONII - REQUEST.FOR APPEAL ox OBJEC DONS TO AN INITIAL PROFFERED.PEIZMIT .
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.
PAINT OFCOITACT 'OR QUESTIONS OR INFORMATION,
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., Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-PDO
Attn: James Lastinger, Regulatory Project Manager U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room I OM15
Ware Forest, NC 27587 Atlanta, Georgia 30303-8801
919-554-4884 ext 32 Phone: (404) 562-5137
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 farm to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits andApproved 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: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: February 21, 2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Town of Wake Forest, 301 South Brook St., Wake
Forest, NC 27587
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-R, Dunn Creek Greenway phase 3, SAW-
2017-02221
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is site is a proposed 1.7 miles of
new-greenway belZinning at the northern terminus ofphase-2 of the Dunn Creek greenway and continuinIz north to
Juniper Avenue, with spur trails_ to Ailey_Youna Park, Wildflower Ridte Rd., Seventh St., and along Wait Ave, to
Traditions Grande Blvd. Please see the attached table and map entitled "FiZure 3: Jurisdictional Features Map, Dunn
Creek Greenway" for approximate size and locations of aquatic resources on site.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Wake City: Wake Forest
Center coordinates of site (lat/long in degree decimal format): Lat.: 35.9753° Long.:-78.4964°
Universal Transverse Mercator:
Name of nearest waterbody: Dunn Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: Februan 21, 2018
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated
Site
Cowardin
amount of
Class of
number
Latitude
Longitude
class
aquatic
aquatic
resource in
resource
review area
Dunn
35-975681
-78.493976
Riverine
4,318linear
Non -section
Creek
feet
10 — non -tidal
S1
35.970002
-78,497691
Riverine
166linear
Non -section
feet.
10 -- non -tidal
S2
35.970614
-78.497049
Riverine
130Ifnear
Mon -section
feet
10 — non -tidal
S3
35.971340
-78.496028
Riverine
140linear
Non -section
feet
10 — no.n-tidal
S4
35.974049
-78.493687
Riverine
135linear
Non -section
feet
10 — non -tidal
S7
35.978277
-78.491963
Riverine
74linearfeet
Non -section
10 — non -tidal
S8
35.980823
-78.495388
Riverine
75 linear feet
Non-sectlon
10 — non -tidal
S9,
36.979821
-78.495511
Riverine
3,442linear
Non -section
owl
feet. 0.4 acre
10 — non -tidal
S10
35.980790
-78.495691
Riverine
100linear
Non -section
feet
10—non-tidal
S11
35.978728
-78.496024
Riverine
115linear
Non -section
feet
10 — non -tidal
wl
35.971161
-78.496323
Palustrine
0,06 acre
Non -section
10 -- wetland
W2
35,980921
-78.496506
Palustrine
0.17 acre
Non -section
1.0 — wetland
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 (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 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 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 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 "may be" waters of the U.S, and/or that there "nay be"
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 iterns:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: "Fiaure 3: Jurisdictional Features Map, Dunn Creek Greenway"
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® 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:
M U.S. Geological Survey Hydrologic Atlas: Simsuite NHD dataset
® USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
M U.S. Geological Survey map(s). Cite scale & quad name: Rolesville Quad
® Natural Resources Conservation Service Soil Survey. Citation: Wake County._J970
® National wetlands inventory map(s). Cite name: Simsuite NWT dataset
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): undated
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the e_Corps and should not be relied upon for lat
er iurisdictional deterrninations
St9wIlTure an date of Regul tory
staff member completing PJD
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)1
I Districts may establish timcframes 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 necessa€y prior to finalizing
an action.