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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.