HomeMy WebLinkAbout20161230 Ver 1_401 Application_20161216CALYX
ENGINEERS - CONSULTAt; 1
20161230
December 6, 2016
Ms. Karen Higgins
NC Division of Water Resources
512 N. Salisbury St
Raleigh, NC 27699
Subject: PCN for 1751 Corporation Parkway, Raleigh, NC
Dear Ms. Higgins,
This letter is in reference to the attached PCN. This notification is solely for NCDWR's record,
written approval is not required. The PCN describes the proposed work to be done on a parcel
located at the intersection of Corporation Parkway and Hedingham Boulevard in Raleigh, NC.
The work will include the construction of a mixed use recreational field. The permanent
impacts will include fill and grading of one small wetland (0.01 ac).
If you have any questions or concerns, please do not hesitate to contact me directly at (919)
858-1926 or by email to bdustin@catyxengineers.com.
Sincerely,
3-e' _
:Z:"��
Brian Dustin
Senior Environmental Scientist
Attachments:
Map of site
Impact drawings
Pre -Construction notification
CC: Tasha Alexander, USACE, w/ attachments
6750 Tryon Road, Cary, NC 27518 P:919.836.4800 F:919.851.1918
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 11
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
a
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 42 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
® Yes ❑ No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑Yes
®No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
1751 Corporation
2b. County:
Wake
2c.
Nearest municipality / town:
City of Raleigh
2d. Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
n
3.
Owner Information Q
�?
3a. Name(s) on Recorded Deed:
Young & McQueen Grading Company INC qTF
3b.
Deed Book and Page No.
015959, 01666 RpFsO�
3c.
Responsible Party (for LLC if
applicable):
Young & McQueen Grading Company INC
3d.
Street address:
25 Crest View Road
3e.
City, state, zip:
Burnsville, NC 28714-8400
3f.
Telephone no.:
828-682-7714 ext. 13
3g. Fax no.:
3h.
Email address:
syoung@youngmcqueen.com
Page 1 of 11
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify: Developer
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Brian Dustin
5b. Business name
(if applicable):
CALYX Engineers + Consultants
5c. Street address:
6750 Tryon Road
5d. City, state, zip:
Cary, NC 27518
5e. Telephone no.:
919-858-1926
5f. Fax no.:
919-851-1918
5g. Email address:
bdustin@calyxengineers.com
Page 2 of 11
PCN Form —Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1734172229
1 b. Site coordinates (in decimal degrees):
Latitude: 35.801991 Longitude: -78.557601
project (including all prior phases) in the past?
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
2.68 acres
2. Surface Waters
®Preliminary El Final
2a. Name of nearest body of water (stream, river, etc.) to
Crabtree Creek
proposed project:
Agency/Consultant Company: CALYX, Inc. (Formaly
2b. Water Quality Classification of nearest receiving water:
C;NSW
2c. River basin:
NEUSE
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Historically farmland, currently a mixed age hardwood/pine forest.
3b. List the total estimated acreage of all existing wetlands on the property:
0.01 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0 linear feet
3d. Explain the purpose of the proposed project:
The purpose of the proposed is to construct a recreational mix usesports field.
3e. Describe the overall project in detail, including the type of equipment to be used:
The purpose of the proposed project is to build a recreational mix use sports field, with a small parking area in the
north east corner of the lot. The construction equipment will include an excavator, crane, dump trucks, and a
bulldozer or front-end loader for construction. In addition, hand tools and other common construction equipment may
be needed for construction.
Page 3 of 11
PCN Form —Version 1.4 January 2009
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No El Unknown
project (including all prior phases) in the past?
Comments: Field meeting on December 21, 2015
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: CALYX, Inc. (Formaly
Name (if known): Brian Dustin
Mulkey)Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW 2015-02531 Notice of JD issued on March 1, 2016.
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form —Version 1.4 January 2009
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Fill
PFO
® Yes
❑ No
® Corps
❑ DWQ
0.01
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.01
2h. Comments: Headwater wetland
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4E Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer impact
number —
Permanent (P) or
Temporary T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 ❑P❑T
❑Yes El No
62 ❑P❑T
El Yes [-I No
63 ❑P❑T
El Yes ❑No
B4 ❑ P ❑ T
❑ Yes ❑ No
65 ❑P❑T
❑Yes El No
B6 ❑P❑T
❑Yes El No
6h. Total buffer impacts
6i. Comments
D. Impact Justification and Mitigation
Page 6 of 11
PCN Form —Version 1.4 January 2009
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Extensive avoidance and minimization measure were taken in choosing a property with little to no impacts prior to
purchase and construction.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence and tree protection fence will be installed around any and all buffers to ensure that construction equipment
avoids these areas. Limits of construction will be identified with silt fence and tree protection fencing. There is a tree
conservation area on the north west corner of the property. All temporary and finished slopes will be seeded to prevent
erosion and the discharge of sediment into the buffer on the adjacent property.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of
the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
S. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires buffer
❑ Yes ® No
mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact (square feet)
Multiplier
Required mitigation
(square feet)
Zone 1
3 (2 for
Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
EI Yes No
®
There are no impacts to or near buffered streams.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
4.5%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
All stormwater from impervious surface will be collected and transported to a stormwater bmp (wet pond) for treatment and to
control discharge to surrounding drainage features
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
City of Raleigh
® Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
® Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ®No
Stormwater plans have been submitted to City of Raleigh and are attached.
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page 9 of 11
PCN Form —Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed recreation field will not result in additional development.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
There will be no wastewater generated from the proposed project.
Page 10 of 11
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes Z No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
National Heritage Program data was reviewed within 1 mile of the study area, and no Federally threatened or endangered
species were found in the area. Three state listed (Threatened) bivalves and one freashwater fish (Threatened) was
found within a one mile radius of the project study are. The propose project will have no effect on the species since there
are no impacts to streams or buffers on the project. The NHP report is attached.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA National Marine Fisheries Service Essential Fish Habitat Mapper v3.0
http://www.habitat.noaa.gov/protection/efh/habitatmapper.htm1
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC National Register of Historic Places
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodmaps GIS Data, NC Floodplain Mapping
Program.
NC Floodmaps: Firm map 3720173400 J, Zone X (effective date May 2nd, 2006).
Samuel Young
December 6,
2016
Applicant/Agent's Printed Name
A is Si re
Date
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 11 of 11
PCN Form — Version 1.4 January 2009
ON
r9l I 0d i= MOO 83d
� X3118'� 8
v�ga 9q dd N°�0
'o.
//1N3£8l I Ad TO Sb' 9VNl W i11a�
3#U .40 N3NVW
IS3NW105 3N1 1Y YJ / /
arae NQ}N 1Npd 31
I
a3j3ne
NVIaVdla
3Sn3N ,0S
oma,
--_Z\
0.
\Jo dol— !0 d01
OF
O
— — (dW
ret t x 'root woe
— 1N3w3SV3 AWN33a`J .041
b�
'X
I
ft
IN
.LN31�HOV N -
IN
• *1! :. �t �.�
Lvw—Ll—G0,*rLl 1w
CALY)c
CORPORATION RECREATION -
R-- rt:15095.00ENGINEERS + •
RALEIGH, NORTH
■ • ■ , • R N 6-1- BLW— Fm — 0, MAWy Eqb� & CmmW�
D r. CHK BY Pcp 6750 TRYON••D
i SCALE ASSHOWN CARY, NC 27518
_ACT 1
16 phone: 919.851.1912
IMEXHIBIT C-ALYXengineers.com
NIC License # F-1 333
U.S. ,ARMY CORPS OF ENGMEERS
. WILMINGTON DISTRICT
Action ID: 2015-02 1 County: Wake U.S.G.S. Quad: NC -Raleigh East
NOTIFICATION OF jL,RISDICTIONAL DETERMINATION
Property Owner: Young and McQueen Grading Company / Samuel Youn
Address: 25 Crest View Road
Raleigh, North Carolina 27610
Telephone Number. 828-682-7714
Size (acres): 2_4
Nearest Town: Garner
Nearest Waterway: ut to Crabtree Creek
Coordinates: 35.802512 N -78.557499
River Basin/ HUC: Neuse
Location description: The 1proiect is located at 1751 Corporation Parkway. Raleigh, Wake County, North Carolina.
Indicate Which of the Following Aoul_Y:
A. Preliminary Determination
X Based on preliminary information, there may be wetlands on the above described project area We strongly suggest you
have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be 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 331). if you wish, you may rogwst
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for finther consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above descn'bed properly sub3ect to the pemut requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the U.S. including wetlands on the above described property subject to the permit requirements Of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size ofyour property and/or our
present workload, the Corps may not be able to accomplish this wetland 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.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all area subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied.upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determme their requirements.
pW=aent-of dredged or fill material within waters of the US and/or wetlands without a Departmeof e AMY pew rosy
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questionsregarding
determination and/or the Corps regulatory program, please contact Tasha Alexander at 919-554-4884, ext. 35 or
tashn.Lalexander@nsace army.mil.
C. Basis for Determination: the
Based o info ation submitted by the aaulicant, then sect area appears to exhibit criteria for orate of
U.& as defined in 33 CFR 328 the AD Guidebook i.e. Ra anos Guidanceand/or the 1987 Wetla_nA
Delineation Manuel, and the Regional SunDl went to the 1987 Manual' Eastern Piedmont and Mountains V2 -0 -
The approximate boundAdU of the potential WgIM of the U.S. are de acted on the rr4W malp dated
December 21 2015 labeled FIRUM 7. Field Verification MaR, Stream and Wetland Determination& 1751
Co ration Parkwa .
D. Remarks: Site visit conducted on December 21, 2015.
E. Attention USDA Program Participants
This delineation/determinstion 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 participant. 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.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B, above)
This correspondence constitutes an approved jurisdictional determination for the
3311. Enclosed e t
this
�to will fed a
niDation, you may request an administrative appeal under Corps regulations at 33 CFR Part
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 fora to the following address:
US Army Corps of Engineers
South Atlantic Division
Attu: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date below.
**It is not necessary to submit A f to the Division Office if you d not object to the determination in this
correspondence.**
Corps Regulatory Official:
sha oder
Issue Date of JD: March 1.2016 Expiration Date: N/A
Zile 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
hM://regulato usacesurvey.com/.
Copy furnished: Brian Dustin, Mulkey Engineers & Consultants, 6750 Tryon Road, Cary, INC 27519
NOTIFICATIONAW ,%DMINLSTRA'FIN+ APP1'_AL 0III WNS ANI)PR(l('F:Sti ANCt
REOLIFti f Fila A Pri. At.
Applicant: Young and McQueen Grading Company i File Number: SAW -2015-02531 late: March I, 2016
Samuel Young
See Section below
Attached is:
RETIAL PROFFERED PERMIT Standard Permit or Letter of ermission` B
PROFFERED PERMIT ,Standard Permit er Letter of »e:rnission' C
P3RT!IT DW–k–r D
g:�APPROVED JURISDICTIONAL DET_,RM NAUCN E
ELDNARY R RISDICTIONAi. DETERMINATION
SECTION 1 he foiiowing identifies your rights and options regarding an admin strative appeal of the above decision.
Additional information may be found at bttt�:1/www—usa_ce atmv mssions/Civil�Qr S0Cg a� Pr �'e L` �p O1
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 fmal
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 PROFVEREI)1,ERMI`f': You tnay acceptor 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 Siandard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
s and conditions, and approved jurisdictional determinations associated with the
rights to appeal the permit, including its term
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 Il 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
d nd' the form to the division engineer. This form must be received by the division
completing Section II of this form an se tng
engineer within 60 days of the date of this notice.
You may accept or appeal the approved JD or provide new
D: APPROVED JURISDICTIONAL DETERMINA
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 district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
y: PRBLRAINARY JURISDICTIONAL DEE_RM-rNATKON: You do not need to respond to the Corps regarding the
pre�inary JD. TLbe Preliminz7_ JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
t *he Coy s , ict for further instruc+.ion Also you may provide new information for further consideration by the
by contacting 'p
Corps to reevaluate the'D.
SECTION II - RE LJEST FOR Ai'I'BAL or OBJECTIONS TO AN INITIAL PROFF EKw r xr✓u 1
REASONS FOR APPEAL OR OBJECTIONS: (Jescn'be your reasons for. 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 iNrORMATION: The appeal is limited to a review ofthe 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 UFSTIONS OR INFORMATION. the rocess You may
If you have questions regarding this decision and/or the ff you only have questions regarding aPpeal p y y
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Tasha Alexander US.CRSAr-PDO
419-554-4884 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room l OMI 5
Atlanta, Georgia 30303-8801
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
to
notice of an site investi 'on, and will have the o rtrmr Date: Participate in site investi T le�phone number
Signature of appellant or ent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Tasha Alexander, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason1303-8801
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia
Phone: (404) 562-5137
ATrACHMENTA
PRELIMINARY JURIBDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (AD): 12-21-15
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Hdan Dustin. 6760 Tryon Rd. Cary NC, 2761S
C. DISTRICT OFFICE, FILE
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
2AI arses on the comer of Corporetlort Pky and Fled' Sled
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODES AT DIFFERENT
SITES)
State: NC Countylpadahlborough: wake City: yah
Center coordinates of aite Oat/iong In degree decimal format):
Lat. 36.802612 ON; Long.-T&N74N °W.
Universal Transverse Mercator. 1787207063984802
Name of nearest vtvaterbody: News Mver
Identify (estimate) amount of waters In the review area:
Non -wetland waters:
0 linear feet: 0 width (ft) and/or 0 acres.
CowerdIn Clare:
Stream Flow:
Wetiands:.8A1 sores.
Cowardin Class: PFO
Name of any water bodies on the site that have been Identified as Section 10
waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
PLIC:
Office (Desk) Determinatlon. Date: a-f"C`— a�
0 Field Determination. Date(s): 12,2145
SUPPORTING DATA. Date reviewed for preliminary JD
(check all that. apply - checked Items should be Included In case Ale and,
checked and requested, appropriately raftrence sources below):
Maps, plans, plots or plat submitted by or on behalf of the
applicanticonsultanf: Brwn Din, MWloa�► Inc.
❑✓ Data sheets preparod/aubmitted by or on behalf of the
apallcavdiconsuftent.
Office concurs with data sheets/dellneation report
Office does not concur with data sheetaidelineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study.
❑ U.S. Geological Surrey Hydrologic Atlas:
❑ USGS NHD data
USGS 8 and 12 digit HUC maps
✓❑ U.S. Geological Survey map(a). Cite scale & quad name: M Fi dgh End 1003
❑ USDA Natural Resources Conservation Service Soll Survey.
Citation:
❑ National wetlands Inventory map(s). Cite name:
❑ Statell-ocal wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -►ear Fioodpialn Elevation Is:
(Nationale .G,�leodectic Vertical Datum of 1929)
❑✓ Photographs: t_r i Aerial (Name & Date): B V Mary or
F1 Other (Name & Date);
❑ Previous detsrmliition(s): File no. and date of response letter:_
❑ Other information (please spsdfy):
2
1. The Corps of Engineers believes that there may be Jurisdictional waters of the
United States on the subject site, and the permit opplkent or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) fbr that site.
Nevertheless, the permit applicant or other person who requesbsd this
prellminery.'JD has declined th exercise the option to obtain an approved JD In
this Instance and at tills time.
2. in any drermsWm where a permit applicant obtains an individual permit; or
a Natiorrvride General Permit (NWP) or other general permit verification requiring
'pre..construdbn notification' (PCN), or requests vwffl=don for a non -reporting
NWP orother.g®nsral permft, and the permit applicant has not requedW.an
approved JD for the ecftivlty, the permit applicant is hereby made aware of the
fblkswing: (1) the -permit applicant has elected to seek a permit authorization
basad on ar preliminary JD, which does not make an olftdal determination of
jurisdictional waters; (2) diet the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorhoon, and
that basing a permit authorization on an approved JD could possibly result In liars
compensatory mitigation being required or diflieremt special conditions; (3) that
the applicant has the right to request an Individual permit rather than accepting
the tertns and conditions of the NWP or other general permit euthorizatlon; (4)
that the applicant can accept a pem* authmtratlon and thereby agree to comply
with all. the terns and conditions of that permit, Including whatever mitigation
requirements the Corps has determined to be necessary, (S) that undertaldng
any Rco ft In riolshoe upon the subject. permit authafti fon without requestIng
an approved JD oonetkutes the applk anYa accepWrwe of the use of the
preliminary JD, but that eitherfarm of JD will be processed as soon as Is
proolicpbie; (i3).accepttng a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity In reliance on any form of Corps
permit authgrlrAtion based on a preliminary JD cmnnedhittes agreement that an
wetlands and other. water bodies on the alto affected In any way by that activity
are Jurisdictional waters of the United States, and precludes any challenge. to
such Juri$dicticn In any adminlstrathve or judldel compliance or a, ifacement
action, Orin any admihlstrativs appeal or. In any Federal court; and (7) whettrar
the applicant efeds to use either an approved JD or a preliminary JD, that * JD
will be -processed as soon as is practicable. Further, an approved JD, a proftat d
Individual-parmit (and-afl:tanns and condltions:contained therein), or Individual
permit denlal -tan be administratively appeWed pursuant to 33 C.F.R. Part 331,
and that in any adminlstrativerappeal, Jurisdictional Issues can be retrad (sea 33
CAR. 331.5(e)(2)). If, during that administradve.appeal, it becomes necessivy
to make an:ofltdal determination whether CWA jurlsdWon redsts over a alae, or
to provide an OcIal delineation of JurWotlonal waters on the site, the Corps will
provide art approved JD to accomplish -that result, as soon as is practicable:
3
This preliminary JD finds that there inlay be'waters of the United Stafies on the
subject project site, and Identifies all aquatic features on the site that could be
aff+ecied by the proposed adMty, based an the rolbwing Information:
J
re and date of Signature and date of
my Project Manager person requesting preliminary JD
RED) (REQUIRED, unless obtaining
120) CP the signature is impracticable)
4
aNVI1.3M!OL NOU339-NON10'0
0.4d
8L808£SE'L8-
903v"WD K
VM
IJ W3Ni'I i 93WV
s�unorsa aPaNtrl
MM(pPo+
PP)
(£9P� pp)
�N JO
uIPA#AD
opmlemn
OPIWI
JIUBW "S
iR ;Umar PNMRm
4MWd UIQ L9Li :MW.L
UgIVM arM"IYNUM 30M
CA
• M � � .1` J • -�L �i
a R R'Rf
3 � ,
`A
AL
y t
f t
\
�' �f ! Thr • �' ,�
I
`1
/N
\
Ltilll
—
\
WA
•q
II
`A
AL
y t
f t
\
�' �f ! Thr • �' ,�