20080981 Ver 1_Application_20080616

(VATCATC Associates of North Carolina, PC
2725 E. Millbrook Rd Suite 121 Raleigh, NC 27604
Phone: [phone] Fax: [phone]
www.atcassociates.com
June 16, 2008
Jamie Shern
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884
DWQ 401 Unit '--
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: (919) 733-q§,93-
-08 098 1
R1R@R!0WRR
JUN 16 2008
DEiVR - W,aI'EF? iUAJ I Y
WETLANDS AND STORMWATER BRANCH
Reference: Application for 404 Permit under Nationwide Permit 29
Courtesy 401 Notification
For Single Family Residential
Wetlands and Stream Determination
Proposed Davis Partners Project
Neuse River Basin
Cary
Wake County, North Carolina
ATC Project # 45.27923.0005
Attached Please find the PCN application for the Davis Partners Project in Cary, NC.
Please contact Ben Wilson at [phone] or [phone] if you have any questions or if
we can be of further service.
Respectfully,
ATC ASSOCIATES OF NORTH CAROLINA, PC
Benjamin V. Wilson, P.E.
Principal Engineer
wilson45(c)-atcassociates.com
COpy
Attachments: 2 Copies PCN form and Delineation report/maps/plans to USACE
1 Copies PCN form and Delineation report/maps/plans
For courtesy notification to DWQ
-X- 10 3 d.
Office Use Only' Form Version March 05
-08 098 1
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Appltcame or ..N/A .)
1. Processing U RTES
1PY
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:NWP29 Single Family Housg
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information k[9@[R0WR
1. Owner/Applicant Information JUN 1 6' 2008
Name: Davis Partners LLC
Mailing Address: 1000 Darrington Drive Suite 105 S 010-SWAN-0- S LMAIE CH
Cary NC 27613
Attn• Kyle Ward
Telephone Number: 919-462-0775 Fax Number: 919-462-9460
E-mail Address: vickie = wardson com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Beniamin V Wilson PE
Company Affiliation: ATC Associates, INC
Mailing Address: 2725 East Millbrook Drive Suite 121
Raleigh NC 27601
Telephone Number: 919-871-0999 Fax Number: 919-871-0335
E-mail Address: wilson45n atcassociates.com
Updated 11/1/2005
Page 5 of 12
III. Project Information
8.
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Davis Drive Residential Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0745368793
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
Located on the east side of Davis Drive Road at the intersection with the new Airport Blvd
extension across from Sowter Drive.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8284 ON 78.8515 °W
6. Property size (acres):
3.6
7. Name of nearest receiving body of water: Crabtree Creek
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.eiir.state.nc.us/admin/maps/.)
River Basin: Neuse River
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is wooded with some cleared area for the recently
Constructed airport blvd bisecting the property. The surrounding _property is primarily
single family residential with some commercial nearby.
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The site will be graded using conventional earth moving equipment. The site will be
developed for single family residential use.
11. Explain the purpose of the proposed work: To provide single family residential housing
lots for construction of single family residences.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
DWQ visited the site in 2005 and determined that there was no stream on the site but no report
was issued. The USACE has made a jurisdictional determination that there are jurisdictional
wetlands on the property but no stream. The USACE letter is attached.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
There are no stream impacts and no impact to Neuse river buffers either.
There will be 0.06 acres of Impact to wetlands (less than 1/10 acre) in the old pond bottom.
Updated 11/1/2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(es/no Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
Area 1 Fill for residential Forested 0.06
Housing construction

Total Wetland Impact (acres) 0.06
3. List the total acreage (estimated) of all existing wetlands on the property: 0.06
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage) 0
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name Waterbody
applicable) e)
(if ap
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres : 0.06
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.06
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The site elan was designed to minimize impacts. The onlv impact from fill is to the bottom of
the old pond area and there will be a buffer at the property edge that will be restored to a
vegetated condition.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
There are no stream impacts and impacts to wetlands are less than 1/10 acres so no
mitigation is proposed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Updated 11/1/2005
Page 10 of 12
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify. Neuse )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260.
Updated 11/1/2005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Discharge to local POTW
XIH. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes El No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://l12o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in, advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
la
Appli#/Agent's Signature %0
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
ATTACHMENTS
Signed Agent Authorization
Wetlands/Stream Report
Corp of Engineers Jurisdictional Letter
Plans (2 Drawings)
Date: --'? 2005
Agent Authorization & Permission to Enter Property for the
5.06 Acre Davis Drive Site
Wake County Property PIN# 0745368793
Located on the East Side of Davis Drive in Cary, North Carolina
To Whom It May Concem-
This letter serves as authorization for Benjamin V. Wilson, P.E. of ATC Associates to act
as the agent for the owner for the purpose of obtaining 444 wetlands permits mrid 401
stream permits from the NCDENR Waw Quality Section and The US Array Corps of
Engineers for the above referenced property.
This letter also serves as authorization for personnel from the North Carolina Division of
Water Quality and U.S. Army Corp of Engineers to enter M property with Benjamin V.
Wilson, P.E. for the purpose of confirming the location of streams and wetlands
infotmvion contained in the 4041401 permit applications only.
Respectfully,
Name ? Qu 15?n a?cwn. ? ?-LC ?3 ?I W +?a?
Title: V'\-, lt?n ?-
A&Iress: 4obu O?n4 ate, ?,,,4 V,. 1 u5
?_. C nQ? . NC n.6tt
Phone: q +q
Far: \!? h (A-%,-
Email.' @ WACLQ50y . Cor-
Signed. 'r-Qu -k
Owner of the Above Reference Property
(VkTCATC Associates of North Carolina, PC
2725 E. Millbrook Rd Suite 121 Raleigh, NC 27604
Phone: [phone] Fax: [phone]
wilson4U-Datc-enviro.com
July 14, 2005
Mr. Al Goodrich
W & W Partners
4000 Darrington Drive
Suite 105
Cary, NC 27513
919-462-0775 Fax [phone]
Reference: Wetlands Determination
Davis Drive Site
Crabtree Creek/Neuse River Basin
Town of Cary
Wake County, North Carolina
ATC Project # 45.27923.0005
Dear Mr. Goodrich:
As authorized by W & W Partners, Mr. Benjamin V. Wilson, P.E. of ATC Associates
visited the site observed the site and the low lying areas. A preliminary determination
was made of the wetlands in accordance with the Corps of Engineers (COE) 1986
method. A preliminary determination was made of the streams using the North Carolina
Division of Water Quality (NCDWQ) stream determination form method.
The site is located in the Crabtree Creek watershed in the Neuse River Basin and
therefore is subject to the Neuse River Rules which require a 50 feet buffer on each
side of all streams.
The site is shown as having a pond with a stream leading from the pond on both the
Wake County Soil Survey and the USGS map (see attached maps).
Based on the site investigation there is one wetlands area of approximately 0.07 (7/100)
acre in the old pond bottom extending through the breached dam to the head of the
stream which is located just off site. There may be a slight impact of the 50 feet Neuse
River Buffer on the east side of the property (depending on the property line location)
since the buffer will arc around the head of the stream. See Attached maps for
illustration.
Wetlands Determination - Davis Drive Site
Crabtree Creek/Neuse River Basin - Town of Cary, NC
July 14, 2005 - Page 2
Based on preliminary conversations with you we anticipate the design for the subdivision
will have wetlands impacts of less than 1/10 acre at the property. Maps with approximate
locations of the wetlands and streams for the proposed project are enclosed with this letter.
Because the acreage of impact will be less than 1/10 acre the project would not require
preconstruction notification. However, the Corp of Engineers normally accepts the PCN
(Preconstruction Notification) under NWP 39 if the Town of Cary requires an
acknowledgement.
However, because the USGS map and the Wake County Soil Survey maps show a stream
on the site a field visit will be required by both the NCDENR and USACOE. Prior to the site
visits an agent authorization form will be required. If you desire to proceed I will schedule a
site visit by the appropriate personnel. The agent authorization form should be signed and
faxed to me to be turned in with the site layout at the appropriate time.
Please contact Ben Wilson at [phone] or [phone] if you have any
questions or if we can be of further service.
Respectfully,
ATC ASSOCIATES OF NORTH CAROLINA, PC
r
Benjamin V. Wilson, P.E.
Principal Engineer
Attachments: Maps
Agent Authorization Form
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SITE LOCATION
ATC PROJECT NO.
Wetlands and Stream Determination 45.27923.0005
Davis Drive Site SCALE: NOTED
Wake County, North Carolina
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Stream and Wetlands Location Confirmed By USACE and
NCDWQ
SOURCE: Wake County GIS 5 Ft. Contours
Stream and Wetlands Location
TOPO MAP ATC PROJECT NO.
Wetlands and Stream Determination 45.27923.0005
Davis Drive Site SCALE: NTS
Wake County, North Carolina

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Stream and Wetlands Location
TOPO MAP ATC PROJECT NO.
Wetlands and Stream Determination 45.27923.0005
Davis Drive Site SCALE: NTS
Wake County, North Carolina
0 012 0.4 0.6 0.8 1 km
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SITE LOCATION
SOURCE: USGS Topozone
Stream and Wetlands Location
USGS MAP ATC PROJECT NO.
Wetlands and Stream Determination 45.27923.0005
Davis Drive Site SCALE: NTS
Wake County, North Carolina
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WAKE COUNTY SOILS MAP SHOWING STREAMS
SOURCE: Wake County GIS
Stream and Wetlands Location
COUNTY SOILS MAP ATC PROJECT NO.
Wetlands and Stream Determination 45.27923.0005
Davis Drive Site SCALE: NTS
Wake County, North Carolina
MINE,PR.08'2008 09:11 919 562 0421 USACE RAL REG
¦Y
U.S. Army Corps of Engineers .
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
F= [phone]
FAX COVER SHEET
Date:
J
Message to:
#'IZ94 P.UU1
From:
Total number of pages including cover page:
zfall pages are not received, please call [phone].
Remarks:
APR.08'2008 09:11 919 562 0421 USAGE RAL REG
U.S..ARMY CORPS OF ENGINEERS
WILMINOTON DISTRICT
#7254 P.002
Action Id. 200521354 County: Wake U.S.G.S. Quad: Morrisville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Kvl,- a Ward
Address: 1000 DarrimAota Dr., suite 1115
Cary, NC 27513
Telepbone No.: 919-4_ F2-0?7`'
Property description:
Size (acres) _ Nearest Town Morrisviito
Neatest Waterway Crabtree Creek River Basin Neu4e River
USGS HUC 03020201 Coordinates N 39.8284 W -78.8515
Location description The Protect site is loented off Davis Drive, in Morrisville. Wake Couttty, Nortlt Carolina.
A antic features on site drain to the Neuae River.
Indicate Which of the Following Annly:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you bavo
this propertyinspected to determine the extent of Department of the Army (.DA) jurisdiction. To bo considered final, a
jurisdictional determination must be. verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 33.1).
S. Approved Determination
_ There are Navigable Waters of the Uaited States within the above described property subiect to the permit requirements of
Section 10 of the Rivers and Harbors Act and section 404 of the Clean Water Act. Unless there is a change in tho 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.
X There are wetlands on the above described property subject to the permit requiremews 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 strongly suggest you have the waters of the U.S. including wetlands on your property delineated. Due to the size of
your property and/or our present workload, the Corps may not be able to accomplish this wotland delineation in a timely
manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must
be verified by the Corps.
i he wetland on your property 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
whicb, 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 wetlands have been delineated and surveyed and are accurately depicted on the plat sighed 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 property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). UnlosA there is a change in the .law or our
publishes] regulations, this determination. may be relied upon for a period not to exceed five years from the dato of this
notification-
Page 1 Of 2
ArK.U0'4VV0 Uy:ll ylti DbL U441 UJP.IJG KAIJ KGV }?ILJY r.vvo
Action TD:
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 Washington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
eonstituto a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determinnation and/or the Corps regulatory program, please contact Monte Matthewo at 919-554-4834 ext30.
C. Basis For Determination
Arena on site meet wetland criteria as described in-the-t987 Delineation Manual.
D. Remarks
Site visit on September 13, 2005.
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
D. Above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District.Engineer, Wilmington Regulatory Division
Attn: Jean Manuele, Field Office Chief,
Raleigh Regulatory Field Office
3331 Heritage Trade Dr., suite :105
Wake Forest, North Carolina 27587
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 CPR part 33.1.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an VA form, it must be received at the above address by June I, Z-0-0-8,
**1t is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
This Jurisdictional Determination is being issued in re ence tom ps and pictures sent via email on April 3, 2008.
Corps Fegulatoty Official: Monte Matthews _ -
Date April 6, 2005 Expiration Date April 6, 2013
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 ?ttn //zeulatorv usacesurveY eoml to
complete the survey Qn.11oo_
Copy .furnished:
ATC Associates of NC, PC
ATTN.13er~ Wilson
2725 E. Millbrook.Rd., suite 121
Raleigh, NC 27604
Page 2 of 2
APR.08'2008 09:11 919 562 0421 USAGE RAL REG #7254 P.004
Action ID:
AY.Y.ROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by.following the instructions provided in Section IV of the JD Form Instructional
Guidebook.
SECTION 1: }BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD)-. ri
B. DISTRICT OFFICE. FILE NAME. AND NUMBER: Wilmington, Davis Dr. Site. SAW-200:-21354
C. .Y,ROJECT ,LOCATION AND BACKGROUND INFORMATION: The ro ect site is located off pnvis
Drive in Morrisville. Wakc Coun y., NOr'tlt Carolina Aauat'tc features on site drahl to_the Neu4e
River.
State:NC County/parish/borough. Wake City. Morrisville
Center coordinates of slte (lat/iong in degree decimal format): Lat. 35.8284' y1• Long. -78.8515°'W.
Universal Transverse Mercator.:
Name of nearest r--raterbody: Crabtree Creek
Name of neareq Traditional Navigable Water (TNW) into which the aquatic resource flows: Neuse River
Name of watershed or hydrologic Unit Code (HUC): Ncusc River
Check if map/diagram of review area and/or potentialiarisdictional areas is/are available upon request
Check if other sites (e.g., ofCs'to mitigation sites, disposal sites, etc...) are associated with this action and arc
recorded on a different JD .form.
D. REVIEW PERFORMED .FOR SITE EVALUATION (CHECK ALL THAT AY.FLY):
[1? Officc (Desk) Determination. Date:
Field Determination. Date(s): September 13, 2005
SECTION II: SUMMAR OIr EINULbLGC
A. RRA SECTION 10 DETERMINATION OF.TURISDICT'IO.N.
There [pRit r to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined
by 33 CF.R part 329) in the reviow area, [Required]
Wators subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate
or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There jA r'°waters of the U. C" within Clean Water Rol (CWA) jurisdiction (as defined by 33 C.FR pmt 328) is the review area.
[.Required)
Waters of the U.S.
a. Indicate presence of waters of U.S. In review area (check all that apply): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent watcrss (RPWs) that flow directly or indirectly into TNWs
i' Non-RPWs that flow directly or indirectly into TN Ws
I Wetlands directly abutting RPWs that flow directly or indirectly Into 7NWs
Wetlands adjacent to but not directly abutting RPWS that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
impoundments of jurisdictional waters
Isvlatcd (Intl,taw or intrastate) waters, including fsolatcd vretlartdt•
' Soxca checked below shall be supported by comploting the appropriate sections in Section III Mow.
For purposes of, this form, an RFW is defined AS a tributary that is not a TNW and that typically flows year-round or has continuous
flow at lea&t "seasonally" (e.g., typically 3 months),
Page 3 of 2
APR.08'2008 09:11 919 562 0421 USAGE RAL REG llit5q e.uuo
Action ID:
b. Identify (estimate) size of waters of the U.S. in the .review Areas
Non-wetland waters: linear fcct: width (ft) and/or acres.
Wetlands: 0.07 acres.
e. Limits (boundaries) of jurisdiction based on: 58 oil, llChiw .
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (chock if applicable):s
?.y Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to
be not,jurisdictional. Explain;
SECTION I1I- CWA ANALYSIS
A. TNWa AND WETLANDS ADJACENT TO TNWs
The agencioS will assort jurisdiction over TNWs and wetlands adjacent to TNWs. if the aquatic resource is
a TNW. complete Section 11I.A.1 and Section III.D.1, only: if the aquatic resource is a wetland adjacent to n
TNW, complete Sections III.A.1 and 2 and Section III_D..l.; otherwise, Soo Section I11.1l below.
1. TNW
Identify TNW:
Stunmarizc rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjar.MV:
'U. C.UAItACTERiSTCCS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETI,,AN,DS
(.I' AW-
This section summarizes information regarding characteristics of tho tributary and its adjacent wetlands, if
any, and it helps determine whether or not the standards for jurisdiction established under Rapanas have
been mot.
The agencies will assort jurisdiction over non-navigable tributaries of TNWs where the tributaries are
"relatively permanent waters" (RPWs), I.e. tributaries that typically flow year-round or bave continuous
now at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also
jurisdictional. if the aquatic resource is not a TNW, but has year-round (perennial) ,.flow, skip to Section
11I.D.2. If the aquatic resource is a wetland directly abutting n tributary with perennial flow. Skip to Section
III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW roquiroc a significant nexus
evaluation. Corps districts and EPA regions will include in the record any available information that
documents the existonce of a significant nexus between a relatively permanent tributary that is not
perennial (and its adjacent wetlands if any) and n traditional navigable water, even tbough a Significant
nexus finding is not required as a matter of law.
if the waterbody° is not an RPW, or a wetland directly abutting an RPW. a JD will require additional data
to determine if the waterbody has n significant nexus with a TNW. If the tributary has adjacent wetlnnds,
the significant nexus evaluation must consider the tributary in combination with all of its adjacent
wetlands. This significant noxUC evaluation that combines, for analytical purposes, the tributary and all of
its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its
adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section II1.B.1 for
the tributary, Section 11LM for any onsite wetlands, and Section UT.B.3 for all wetlands adjacent to that
tributary, both onsito and offsite. The determination whether a significant nexus exists is determined in
Section 11I.C below.
' Supporting documentation is presented in Section 111Y,
'Note that the Instntetional Ouldebook cottt.^fts additional inkmiation rogarding gwales, ditches, washt:9, and erosional features
generally and in the arid West
Page 4 of 2
ArA.UO GUUO U7:1G 71y DOZ U441 UaAI.P, AKL AzQ1 $IGD4 r.UUV
Action ID:
.l. Characteristics of non-TNWs that flow directly or Indirectly Into TNW
(i) General Area Conditions
Watershed size: FLPIC4 ck Ll;
Drainage area: LIS
Average annual rainfall: inches
Average annual snowfall: inches
(Ii) Physical ChAreetoTlstica:
(a) Relationship with TNW
[J Tributary flows directly into TNW.
[) Tributary flows through @ I[ )(ri9 tributaries before entering TNW.
Project waters arc Pli?k,.Liyl river miles from TNW.
Project waters atv Rick 1i?1,4 river miles from RPW.
Project waters arc 'ick .[fly aerial (straight) miles from TNW.
Project waters are icle'?i?i aerial (straight) miles from RPW,
Project waters cross of serve as state boundaries. Explain:
Identify flow route to TNW`:
Tributary stream order, if known:
(b) General TdbptnzY characteristics (chcA_aLUh9 nplv):
Tributnry is: ? Natural
[] Artifleial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties N-Nith respect to top of bank (estimate):
Average width: feet
Average depth: feet
Avetnge side slopes- ?',
Prim tributary substrate co osition (chock all that apply):
3 Silts 3 Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedroek ? Vegetation. Type/c/o cover:
Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks). Explain:
Presence of run/r,(,tfle/pool, complexes. Explain.:
Tributary geometry: RIM-2593
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides .for:
Estimate average ziumber of flow events in review area/year: ?91i ?i
Describe flow tvgimc:
other information on duration and volume:
' Flow route can be <lescribed by identifying, e.g., tributary a, whieb flowq through the review area, to flow into tribunary b, which then
flows into TNW.
Page 5 of 2
APR.08'2008 09:12 919 562 0421 USACE RAL REG #7254 P.007
Action ID:
events
all that apply):
types.
Surfaco :Sow is:.R cl is List Characteristics:
Subsurface flow: E9 -,.isl Explain findings:
? Dye (or other) test perfot:med:
Tributary has (check all that apply):
? Bed and banks
? OHWM' (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes an the character of soil
? shelving
t
b
b
?
sen
unt, or a
? vegetation matted down,
leaf litter disturbed or washed away ?
? sediment deposition ?
abrupt change in plant community
? other (list):
? Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack lino
sediment sorting
Scour
multiple observed or predicted flow
? water staining
If factors other than the OHWNI were used to determine lateral extent of CWA jurisdiction (check
High Tide Line indicated bv: ? Mean I3igh Water Mark indicated by:
? oil or acgnx line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshoro) ? physical markings;
? physical markingstcharactcristics ? vegetation lines/changes in vegetation
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary water color is clear, discolored, oily film; water quality; general watershed
characteristics, etc,), Explain:
Identify specific pollutants, if known:
"A natural or man-made discontinuity in the OHWM does not necessarily scvcr,iuritdiction (e.g., wbere the stream temporarily flows
underground, or whore the 014WM has been removod by development or agricultural practiccs). Where there is a break in the
OHWM that b unrelated to the waterbody's flow regime (e.g.. Slow over a rock outcrop or through a culvert), the agencies will look
for indicators of flow above and below the break.
'Ibid.
Page 6 of 2
ArA.Vo-4VVO V7:14 717 OV4 V441 UJAIir, 2tAL Ar17 $(4:)q r.vuo
Action ID:
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor, Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Expiain findings:
? Fish/spawn areas. Explain findings: ,
? Other onvironmentally-sensitive species. Explain ,findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(1) Pbysical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain-
Welland quality. Explain:
Froject wetlands cross or serve a.9 stato boundaries. Explain:
W:
(b) General Flow Relationship with Non-TN
Flow is, LPictt ;tally, . Explain:
surface flow is: SIk?i,A'(s1
Characteristics:
Subsurface flow. gk l.j? . Explain findings:
? Dye (or other) test performed:
(c) Wetland AdWmg Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland bydrologtc connection. Explain:
? Ecological connection. Explain: .
? Separated by berm/barrier, Explain:
(d) Proximity (Rclnt'o ]yip,)Ao,R,, W
Project wetlands fire (f ,1 river miles from T.NW.
Project v?atcrs are?'q iaerial (strtught) miles from INw,
Flow is from_ k
Estimate approximate location of wetland as within the ;MxiAhX 1st- floodplaln.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general
watershed characteristics; etc.). Explain- I
ldenttfy specific pollutants, if known:
(iii) Biological Characteristics. Wetinnd supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain-
0 Habitat for;
? Federally Listed species. Explain findings:
Page 7 of 2
APR.08'2008 09:12 919 96L U421 USAGt; RAL RhU $I4?4 r.uvy
Action ID:
El Fishlspawn areas. 'Explain findings:
Other environmentally-sensitive species. Explain .findings:
? Aquatic/wildlife diversity, Uplain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any).
All wetland(s) being considered in the cumulative analysis: if'ick O;ls
Approximately ( . ) acres in total are being considered in the cumulative analysis.
Page 8 of 2
APR.08'2008 09:12 919 562 0421 USAGE RAL REG
Action SD:
Memo)
#7254 P-010
For each wetland, specify the following:
Directiv abuts? (Y/N) 9ize (in acres)
Direct v uts? (Y/N)
LIZe in
Summarize overall biological, chemical and yhysical functions being performed:
C. SIGNIFICANT NE\TS DETERMINATION
A significant nexus analysis will assess the flow characteristics and Wetions of the tributary itself and the
functions performed by any wetlands adjacent to the tributary to determine If they significantly afWect the
chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant
nexus exists If the tributary, in combination with all of its adjacent wetlands, has more than a speculative or
insubstantial effect on the chemical. physical and/or biological integrity of a TNW. Considerations when
evnlunting significant nexus include, but are not limited to the volume, duration, and frequency oftho flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all
its adjacent wetlands. It is not approprinte to determine significant nexus based solely on any specific
threshold of distance (e.g. between a tributary and its ndjncent wetland or between a tributary and tbo
TINMD. Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely
determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as Identified in the
,Rapanos Guidance and discussed in the Instructional Guidebook -Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or
flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributwy, in combination with its adjacent wetlands (if any), provide habitat and li,fecycle support
functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are
present in the TNW?
• Does the tributary, in combination with its adiiacent wetlands (if any), have the capacity to transfer nutrients
and organic carbon that support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical,
chemical, or biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur
should be documented below:
1. Significant nexus findings for non-.UW that has no ndjncent wetlands and flows directly or Indirectly
into TNWs. Explain findings ofpresence or absence of significant nexus below, based on the tributary itself,
then go to Section 111.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly
or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the
tributary in combination with all of its adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands. adjacent to an RPW but that do not directly abut the.WW.
Explain findings of presence or absence of significant nexus below, based on the tributary fn combination
with all of its adjacent wetlands, (ben go to Section III.D:
Page 9 of 2
APR.08`1008 09:12 919 b6Z 0411 USAGE RAL REG 4(Z!)4 Y.Ull
Action ID:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUEJECT WXrERS/WETI,ANAS ARE
(CHECK ALL THAT APPLY):
1. TNWs and Adjacent Wetlands. Chock all that apply and provide size estimates in review area:
TN Ws: linear feet width (8), Or, acres.
Wetlands adjacent to TNWs; acres,
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWS where tributaries typically flow year-round.are jurisdictional. Provide data and
rationale indicating that tributary is perennial: Site visit on January 1G, 2008.
Q Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically throe months
each year) are jurisdictionai, .Data supporting this conclusion is provided at Section M.B. Provide
rationale indicating that tributary flows seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
,.-
[] Tributary waters: linear feet width (fl).
-q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWSA that flow directly or indirectly into TNWS.
Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a
significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Scctiott
iII.C_
Provide estimates for,jurisdietional waters within the review area (check all that apply):
Tributary waters: linear feet width (A)•
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that .flow directly or indirectly into TNWs.
T4 Wetlands directly abut RPW and thug are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and
rationale
indicating that tributary is perennial in Section III-D.2, above. Provide rationale indicating that
wetland is
directly abutting an RPW; Site visit on September 13, 2005,
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data
indicating that tributaryis seasonal in Section III.B and rationale in Section III,D.2, above. Provide
rationale indicating that wetland is directly abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area., 0.07 acres
5. Wetlands Adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
rl Wetlands that do not directly abut an RPW, but when considered in combination with the tributaryto
which they are acl acen.t and with similarly situated adjacent wetlands, have a significant nexus with a
TNW are jurisddictional. Data supporting this conclusion is provided at Section IIIZ
.Provide acreage eA(rnatas for jurisdictional wetlands in the review area: acres.
"See Footnote # 3.
Page 10 of 2
APR.08'2008 09:12 919 562 0421 USAGE RAL REG #7254 P.012
Action ID:
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNW$.
Wetlands acTacent to such waters, and have when considered in cornbination with the tributaryto which
they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are
jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7- Impoundments of jurisdictional watora,°
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presontcd above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED j.INTERSTAT.E OR iNTRA-STATE) WATERS. INCLUDING ISOLATED WETLANDS,
T.HE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE
C014MBRCE. [NCLUDING ANY SUCH WATERS (CHECK ALL THAT A.PPLY):
which are or could be used by interstate or foreign travelers for recreational or other purposes.
1}orn which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which arc or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors..Exphun:
w..
Identify water body and summarize rationale supporting determination: ,
Provide estimates for jurisdictional waters in the roview area (check all that apply):
Tributary waters: linear .feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON.TURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL TH, AT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987
Corps of Engineers Wetlaud Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nex, us to interstate (or foreign) commerce.
Fdor to the Tan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated
based &oJ9JX on the ".Migratory Bird Rule" (MBR).
Qi Waters do not meet the "Significant Nexus" standard, where such a finding is required for,jurisdiction.
Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the so potential basis of
jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of, water for
icdgated agriculture), using best professional judgment (check ail that apply):
Non-wcdand waters (i.e., rivers, streams): linear feet width (ft),
Lakes/ponds: . acres.
i[] Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
S0 Prier to asserting or declining 0VA.1nrivdiction bASed solely on this category, Corps Districts will elevate the action to
Corps And EPA HQ for review eousistent aMth the process described is the CorpsTPA Memorandum Regarding CWA Act
Jurisdiction FolfowingRnpanos,
Page 11 of 2
AYK.Ub'ZUUd U9:lL y19 )0Z U4G1 USAUP KAL AWi $IGD4 Y.Uls
Action ID:
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus"
standard, where such a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (fl).
Lakes/powds, acres.
Other non wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUIPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included In case
file and, where checked and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets pmpared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Of.fce does trot concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
E]USOS NHD data.
El USOS 8 and 12 digit HUC maps.
U.S, Geological Survey map(s). Cite scale c? quad name: .
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
Smte/.Local wetland inventory mop(s); ,
FEMA/F[RM maps:
100-year Floodplain Elevation is: (National Geodeetie Vertical Datum of 1929)
Ri Photographs. Aerlal (Name & Date):
or ® Other (Name & Date):
Previous determination(s). File no. and date of response letter:
I[? Applicable/supporting case law:
s
Applicable/supporting scientific literaturo:
Other information (please specify): Site visit on September 13. 2008.
B. ADU.ITXONAL COMMENTS TO SUPPORT JD:
Page 12 of 2
AYk.UC'LUUd Uy:1L Y19 5bL U461 USAut KAL KtBy $fG?4 r.V1%
Action ID:
NOTIFICATION OF A.l)M.INIS'i'IAA'i lVIi4 Alll) :Al.• OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Kyle Ward File Number: SAW-2005-
21354 Date: April 6, 2008
At tached is: See Section below
L INITIAL PROFFERED PERMIT (Standard Permit or Letter of
Permission) A
PROFFERED PERMIT Standard Permit or Letter of permission) I3
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I -The To5owing identifies your .rights and options regarding an adlmialMrative appeal of the above
decision. Additional information may be :fotutd at httaa://wt?vw.uvttc;e,tlntttYrni]/inet/Punetions/cur/e?c;wo/% or
Corps regulations at 33 G'T'R Part 33 1.
A: T.NITT,A L 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 tb.e 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 pemit.
• OBJECT : Tf you object to the permit (Standard or LOP) because of certain terms and conditions ttterei .. you may request that the
permit be modified accordingly. You mist complete Section 11 of this fomt and rortim the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the elate 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 coneems, (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 Penuission (.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. T..his .form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENTAL: 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.
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APR.08'2008 09:13 919 562 0421 USACE RAL REG #ILb4 V.U1-?
Action ID:
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 TD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineor within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminaryTD. 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 zlew
information for fear her consideration by the Corps to reevaluate the JD.
SECTION .11- REQUEST FOR APPEAL or OBJECTIONS 70 AN 1N17'IAL 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 ,[.N1'- MATIUN: _
OR
If you have questions regarding this decision y T _
If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Monte Matthews, Proiect Manager Jean Manuele, Field Office Chief
Raleigh Regulatory Field Office Raleigh Regulatory Field Office
3331 Heritage Trade Dr., suite 105 3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587 Wake Forest, NC 27587
RIGHT OF ENTRY: Your signature below grants the right of entry to Cotes 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 and approved Jurisdictional
Determinations send this form to:
Page 14 of 2
APR.Ud'ZUUd U9:13 919 96Z U4Z1 USAUU' RAL KhU $/ZO4 e.Ulo
action ID,
District Engineer, Wilmington Regulatory Division, Attn: Jean Manu,ele, Field
Office Chief, Raleigh Regulatory Field Office, 3331 Heritage 't'rade Dr., suite 105,
Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn:
Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth
Street, Room 9 MI5, Atlanta, Georgia 30303-8801
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ATC ASSOCIATES OF NORTH CAROLINA PC 0 8 0 0
2725 E. Millbrook Rd, Suite 121 Phone: [phone]
Raleigh, NC 27604 Fax: [phone]
wilson45gatcassociates com
PROJECT: PROJECT LOCATION:
DAVIS DRIVE SITE DAVIS DRIVE
DATE/DRAWN BY: CARY, NORTH CAROLINA
ATC PROJECT SCALE: DRAWING:
BVW/06/05/08 45.27923.0005 1 INCH = 100 FEET 1 OF 2

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2725 E. Millbrook Rd, Suite 121 Phone: [phone]
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wilson45gatcassociates com
PROJECT: PROJECT LOCATION:
DAVIS DRIVE SITE DAVIS DRIVE
CARY, NORTH CAROLINA
DATE/DRAWN BY: ATC PROJECT SCALE: DRAWING:
BVW/06/05/08 45.27923.00051 1 INCH = 50 FEET 2 OF 2
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