20240269 Ver 1_SAW-2022-01734_AJD_20240322

i
DEPARTMENT OF THE ARMY
s ` U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
rr WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
April 12, 2024
Regulatory Program
Sent Via Email: [e-mail]
Steven Ball
Soil & Environmental Consultants, PA
Dear Mr. Ball:
This letter is in response to your request to the Wilmington District, Raleigh Field
Office for an approved jurisdictional determination. The project/review area is located
on the NSEW side of ROADWAY, XX miles/feet NSEW of the intersection of
ROADWAY and ROADWAY, at Latitude 35.825520 and Longitude-78.466990-1 in
Knightdale, Wake County, North Carolina. The AJD review area for this determination is
limited to an approximately 1 acre(s) area, which is illustrated on the enclosed site
maps, labeled "AJD Boundary". This request has been assigned the file number
SAW-2022-01734 (Weldon Subdivision). This file number should be referenced in all
correspondence concerning this project.
Based on our review of the information you furnished and other information available
to our office, we have determined the above -referenced area contains 0 acre(s) of
waters of the United States under U.S. Army Corps of Engineers (Corps) regulatory
jurisdiction. This is identified in the enclosed site map, "Wetland Sketch Map" dated
November 21, 2023, this determination only applies to the purple outlined area
labeled "AJD Boundary". This determination was made in accordance with the Corps
regulatory authority pursuant to Section 404 of the Clean Water Act, and based upon
criteria contained in the 1987 Corps of Engineers Wetland Delineation Manual and the
Eastern Mountains and Piedmont regional supplement. This determination is valid for a
period of five years from the date of the letter, unless new information warrants revision
of the determination before the expiration date or a District Engineer has identified, after
public notice and comment, that specific geographic areas with rapidly changing
environmental conditions merit re -verification on a more frequent basis.
This letter contains an approved jurisdictional determination for your subject 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 Division Appeals Officer at
the address listed on the RFA form. 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
by the Corps by June 11, 2024. It is not necessary to submit an RFA form to the
Division Office if you do not object to the determination in this correspondence.
Section 404 of the Clean Water Act requires a Department of the Army (DA) permit
be obtained prior to the discharge of dredged or fill material into waters of the United
States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a
DA permit be obtained for any work in, on, over or under navigable waters of the United
States.
This determination has been conducted to identify the limits of Corps' Clean Water
Act jurisdiction for the review area identified in this request. The 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.
You are cautioned that work performed below the mean high water line or ordinary
high water line in waters of the United States; and/or, the discharge of dredged or fill
material into any areas identified on the enclosed information as within Federal
jurisdiction, without a Department of the Army permit could subject you to enforcement
action. Receipt of a permit from a state or local municipality does not obviate the
requirement for obtaining a Department of the Army permit.
If you have any questions concerning this correspondence, please contact Matthew
Martin, Regulatory Specialist of the Raleigh Field Office at [phone], by mail at
the above address, or by email at [e-mail]. Please take a
moment to complete our customer satisfaction survey located at
https-//regulatory.ops. usace.army.m it/customer-service-survey/.
Sincerely,
Matthew Martin
Regulatory Specialist
Enclosures

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Steven Ball, Soil & Environmental
File Number: SAW-2022-01734
Date: 4/12/2024
Consultants, PA
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 WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑x
APPROVED JURISDICTIONAL DETERMINATION
E
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.miI/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/ 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. 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.
-1-

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• 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.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district
is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process, or
may contact:
to submit your request for appeal, you may contact:
District Engineer, Wilmington Regulatory Division
Krista Sabin
Attn: Matthew Martin
Regulatory Administrative Appeal Review Officer
Wilmington District U.S. Army Corps of Engineers
U.S. Army Corps of Engineers
3331 Heritage Trade Drive Suite 105
South Atlantic
Wake Forest, North Carolina 27587
60 Forsyth Street Room M9
Atlanta, Georgia 30303-8801
Phone: [phone]
Email: [e-mail]
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
-2-

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. 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.
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:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:
-3-

I �_.; �'; i _�'
Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only
S&EC reserves the right to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped using
topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC's detailed delineation should be approved and
permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features [lagged by
S&EC, they should retain a NC Registered Professional Land Surveyor to
locate S&EC's [lagging.
D Bound
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0 Property Boundary
^mod Potentially Jurisdictional Perennial Stream
Potentially Jurisdictional Intermittent Stream
Potentially Jurisdictional Wetland
Non -Jurisdictional Wetland
Potential 50' Neuse River Buffer
2' Contours
Project No. Scale:
15062.W1 1" = 200'
Project Mgr.:
SB 11/21/2023
Wetland Sketch Map o
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Dement Farms LLC
Knightdale, NC
Aerials from NC One Map
Prepared by: JH
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DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
69 DARLING AVENUE
WILMINGTON, NORTH CAROLINA 28403
SAW-RG-R
MEMORANDUM FOR RECORD
15 MAR 2024
SUBJECT: US Army Corps of Engineers (Corps) Approved Jurisdictional Determination
in accordance with the "Revised Definition of `Waters of the United States"; (88 FR
3004 (January 18, 2023) as amended by the "Revised Definition of Waters of the
United States'; Conforming" (8 September 2023) ,' [SAW-2022-01734] [ (MFR 1 of 1)]2
BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document
stating the presence or absence of waters of the United States on a parcel or a written
statement and map identifying the limits of waters of the United States on a parcel.
AJDs are clearly designated appealable actions and will include a basis of JD with the
document.3 AJDs are case -specific and are typically made in response to a request.
AJDs are valid for a period of five years unless new information warrants revision of the
determination before the expiration date or a District Engineer has identified, after public
notice and comment, that specific geographic areas with rapidly changing
environmental conditions merit re -verification on a more frequent basis. 4
On January 18, 2023, the Environmental Protection Agency (EPA) and the Department
of the Army ("the agencies") published the "Revised Definition of `Waters of the United
States,"' 88 FR 3004 (January 18, 2023) ("2023 Rule"). On September 8, 2023, the
agencies published the "Revised Definition of `Waters of the United States';
Conforming", which amended the 2023 Rule to conform to the 2023 Supreme Court
decision in Sackett v. EPA, 598 U.S., 143 S. Ct. 1322 (2023) ("Sackett').
This Memorandum for Record (MFR) constitutes the basis of jurisdiction for a Corps
AJD as defined in 33 CFR §331.2. For the purposes of this AJD, we have relied on
Section 10 of the Rivers and Harbors Act of 1899 (RHA),5 the 2023 Rule as amended,
While the Revised Definition of "Waters of the United States"; Conforming had no effect on some
categories of waters covered under the CWA, and no effect on any waters covered under RHA, all
categories are included in this Memorandum for Record for efficiency.
2 When documenting aquatic resources within the review area that are jurisdictional under the Clean
Water Act (CWA), use an additional MFR and group the aquatic resources on each MFR based on the
TNW, the territorial seas, or interstate water that they are connected to. Be sure to provide an identifier to
indicate when there are multiple MFRs associated with a single AJD request (i.e., number them 1, 2, 3,
etc.).
3 33 CFR 331.2.
4 Regulatory Guidance Letter 05-02.
5 USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for
convenience, in this MFR, jurisdiction under RHA will be referred to as Section 10.

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2023-01734]
as well as other applicable guidance, relevant case law, and longstanding practice in
evaluating jurisdiction.
1. SUMMARY OF CONCLUSIONS.
a. Provide a list of each individual feature within the review area and the
jurisdictional status of each one (i.e., identify whether each feature is/is not a
water of the United States and/or a navigable water of the United States). []
Name of Aquatic
Resources
JD or Non -JD
Section 404/10
Wetland 2
Non -JD
N/A
2. REFERENCES.
a. "Revised Definition of `Waters of the United States,"' 88 FR 3004 (January 18,
2023) ("2023 Rule")
b. "Revised Definition of `Waters of the United States'; Conforming" 88 FR
(September 8, 2023))
c. Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023)
3. REVIEW AREA.
A. Project Area Size (in acres): +/- 41 Acres, Size of AJD review Area: +/- 1 Acre
B. Center Coordinates of the Project Site (in decimal degrees)
Latitude: 35.825429 Longitude:-78.467622
C. Nearest City or Town: Knightdale
D. County: Wake
E. State: North Carolina
F. Any additional, relevant site -specific information: N/A
G. Other associate Jurisdictional Determinations (including outcomes): N/A
4. NEAREST TRADITIONAL NAVIGABLE WATER (TNW), THE TERRITORIAL SEAS,
OR INTERSTATE WATER TO WHICH THE AQUATIC RESOURCE IS
CONNECTED.]6
6 This MFR should not be used to complete a new stand-alone TNW determination. A stand-alone TNW
determination for a water that is not subject to Section 9 or 10 of the Rivers and Harbors Act of 1899
(RHA) is completed independently of a request for an AJD. A stand-alone TNW determination is
conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where
upstream or downstream limits or lake borders are established.
K

[SAW-RG-R]
SUBJECT: 2023 Rule,
Sackett v. EPA, 143 S
as amended, Approved Jurisdictional Determination in Light of
Ct. 1322 (2023), [SAW-2023-01734]
A. Name of nearest downstream TNW, Neuse River
B. Determination based on: This determination was made based on a review of the
SAW Section 10 list, and documented (include in AR) occurrences of boating traffic
on the identified water.
5. FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, THE
TERRITORIAL SEAS, OR INTERSTATE WATER.
Flow Path of Aquatic Resources
Wetland 2 -> Overland Flow -> Wetland 1 -> Beaverdam
Wetland 2
Creek (Stream A) -> Neuseco Lake -> Beaverdam Lake ->
Neuse River
6. SECTION 10 JURISDICTIONAL WATERS': Describe aquatic resources or other
features within the review area determined to be jurisdictional in accordance with
Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic
resource or other feature within the review area and how it was determined to be
jurisdictional in accordance with Section 10.8 [N/A]
7. SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within
the review area that were found to meet the definition of waters of the United States
in accordance with the 2023 Rule as amended, consistent with the Supreme Court's
decision in Sackett. List each aquatic resource separately, by name, consistent with
the naming convention used in section 1, above. Include a rationale for each aquatic
resource, supporting that the aquatic resource meets the relevant category of
"waters of the United States" in the 2023 Rule as amended. The rationale should
also include a written description of, or reference to a map in the administrative
record that shows, the lateral limits of jurisdiction for each aquatic resource,
including how that limit was determined, and incorporate relevant references used.
Include the size of each aquatic resource in acres or linear feet and attach and
reference related figures as needed.
a. Traditional Navigable Waters (TNWs) (a)(1)(i): [N/A]
b. The Territorial Seas (a)(1)(ii): [N/A]
33 CFR 329.9(a) A waterbody which was navigable in its natural or improved state, or which was
susceptible of reasonable improvement (as discussed in § 329.8(b) of this part) retains its character as
"navigable in law" even though it is not presently used for commerce, or is presently incapable of such
use because of changed conditions or the presence of obstructions.
8 This MFR is not to be used to make a report of findings to support a determination that the water is a
navigable water of the United States. The district must follow the procedures outlined in 33 CFR part
329.14 to make a determination that water is a navigable water of the United States subject to Section 10
of the RHA.
K3

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2023-01734]
c. Interstate Waters (a)(1)(iii): [N/A]
d. Impoundments (a)(2): [N/A]
e. Tributaries (a)(3): [N/A]
f. Adjacent Wetlands (a)(4): [N/A]
g. Additional Waters (a)(5): [N/A]
8. NON -JURISDICTIONAL AQUATIC RESOURCES AND FEATURES
a. Describe aquatic resources and other features within the review area identified in
the 2023 Rule as amended as not "waters of the United States" even where they
otherwise meet the terms of paragraphs (a)(2) through (5). Include the type of
excluded aquatic resource or feature, the size of the aquatic resource or feature
within the review area and describe how it was determined to meet one of the
exclusions listed in 33 CFR 328.3(b).9
N/A
b. Describe aquatic resources and features within the review area that were
determined to be non -jurisdictional because they do not meet one or more
categories of waters of the United States under the 2023 Rule as amended (e.g.,
tributaries that are non -relatively permanent waters; non -tidal wetlands that do
not have a continuous surface connection to a jurisdictional water).
Aquatic
Resource
Name
Resource
Type
Size
Coordinates
Reason the AR is not
jurisdictional
Non-WOTUS/Negative A4 -
Wetland 2 is not abutting or
contiguous with a TNW or an
RPW and it does not have a
continuous surface water
connection to a TNW/RPW.
Wetland 2 is separated from
Wetland 1 by a section of
exposed bedrock creating an
Wetland 2
Wetland
0.25 Acres
35.826561,-78.467891
overland flow area. The area
of bedrock extends for
approximately 50 linear feet.
Additionally, downgradient of
the bedrock area is
approximately 80 linear feet
of overland flow, with no
discrete feature connecting to
a water identified in
paragraph (a)(1) or to a
relatively permanent,
9 88 FR 3004 (January 18, 2023)
CI

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2023-01734]
standing or continuously
flowing body of water
identified in paragraph (a)(2)
or (a)(3).
9. DATA SOURCES. List sources of data/information used in making determination.
Include titles and dates of sources used and ensure that information referenced is
available in the administrative record.
Suggest the following:
a. 1. Date of Office (desktop review): 08/09/2022 (Sam Dailey)
2. Date(s) of Field Review (if applicable):
b. Data sources used to support this determination (included in the administrative
record).
® Aquatic Resources delineation submitted by, or on behalf of, the requestor:
S&EC, 04/05/2022 updated on 11/21/2023, Data Forms Appendix 1 B
❑ Aquatic Resources delineation prepared by the USACE: Title and Date
❑ Wetland field data sheets prepared by the Corps: Title and Date
❑ OHWM data sheets prepared by the USACE: Title and Date
® Previous JDs (AJD or PJD) addressing the same (or portions of the same)
review area: Delineation Concurrence 08/09/2022
® Photographs: Appendix 1A
® Aerial Imagery: Appendix 1 C
❑ LIDAR: Sources, Title, and Dates
® USDA NRCS Soil Survey: Appendix 1 C
❑ USFWS NWI maps: Title and Dates
❑ USGS topographic maps: Title and Dates
❑ USGS NHD data/maps: Title and Dates
® Section 10 resources used: USACE SAW Section List
https://www.saw. usace. army. m it/Portals/59/siteimages/Public%20Affairs/requlat
ory/SAW%20Navigable%20Waters%20List%20Public%2020230405. pdf?ver=H
cgRuPX1 gSiDOrMpTF6hMg%3d%3d
❑ NCDWR stream identification forms
❑ North Carolina Stream Assessment Method (NCSAM) forms
❑ North Carolina Wetland Assessment Method (NCWAM) forms
❑ Antecedent Precipitation Tool Analysis: List Date(s)
❑ Other sources of Information: List
10.OTHER SUPPORTING INFORMATION.
5

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2023-01734]
a. Appendix 1A: Photographs
b. Appendix 1 B: Data Forms
c. Appendix 1 C: Requestor Figures
11. NOTE: The structure and format of this MFR were developed in coordination with
the EPA and Department of the Army. The MFR's structure and format may be
subject to future modification or may be rescinded as needed to implement
additional guidance from the agencies; however, the approved jurisdictional
determination described herein is a final agency action.
C.1