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HomeMy WebLinkAbout20170342 Ver 1_USACE Permit_20170424Burdette, Jennifer a From: Deborah Shirley <dshirley@sandec.com> Sent: Monday, April 24, 2017 11:25 AM To: Burdette, Jennifer a Cc: Montalvo, Sheri A Subject: FW: Woodbury, SAW -2015-01831, NWP 29 and 18 Attachments: signed NWP.pdf, signed PJD.pdf Jennifer, For your files Thanks, Debbie Edwards Shirley Soil & Environmental Consultants, PA 919-846-5900 (office) 919-673-8793 (mobile) • THINK BEFORE YOU PRINT -----Original Message ----- From: Lastinger, James C CIV USARMY CESAW (US) [mailto:James.C.Lastinger@usace.army.mil] Sent: Friday, April 21, 2017 3:18 PM To: Deborah Shirley Cc: 'kelly.williams@ncdenr.gov', Tiffani Bylow Subject: Woodbury, SAW -2015-01831, NWP 29 and 18 Debbie, Please see the attached signed NWP authorization, Mitigation transfer forms, and signed PJD for the above referenced project. A hard copy will not be mailed unless requested. Please let me know if you have any questions. James Lastinger Regulatory Project Manager Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Tel: (919) 554-4884, x32 Fax: (919) 562-0421 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-01831 County: Wake U.S.G.S. Quad: NC -NEW HILL GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: Pulte Home Companv, LLC Chris Raughlev Address: 1225 Crescent Green Dr. suite 250 Carv, , NC 27518 Telephone Number: 919-816-1161 Size (acres) 149 Nearest Town Apex Nearest Waterway Little Beaver Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.688536942574 Longitude: -78.9328983006993 Location description: The project site is approximately 149 acres located adiacent to New Hill Olive chapel Rd., near the town of Apex, Wake Countv, North Carolina. Aquatic resources on site drain to Little Beaver Creek in the Cape Fear River basin. Description of projects area and activity: This permit verification allows for 711 linear feet of stream channel impacts and 0.302 acre of wetland impacts in accordance with the below table. Mitigation is required for this proposal. WETLAND & STREAM (NO PERMANENT LOSS) ROAD GRADING____�EEEEEE LOT GRADING min ROADCROSSING t _ t RIP -RAP DISSIPATORmrM0m1mWx_= M., MMIM-1 ■ DISSIPATOR RIP -RAP . ®® DISSIPATOR _ SAW -2015-01831 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Nu ober or Nationwide Permit Number: NWP 29 Residential Developments and NWP 18 Minor Discharges SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 03/23/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide pen -nit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide pen -nit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terns and conditions of the nationwide pennit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide pen -nit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to detennine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. This Department of the Anny verification does not relieve the pennittee of the responsibility to obtain any other required Federal, State or local approvals/pen-nits. If there are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of Engineers regulatory program, please contact James Lastinger at (919) 554-4884 or James.C.Lastinger(i�usace.armv.mil. LASTING ER.JAMES.0 Pdy Corps Regulatory Official: .1363642400 -'I, IIE %J Al EIC I I 111414°° Date: April 21, 2017 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://cop2smapu.usace.army.mil/cm�Uex/f?p=136 *0. Copy furnished: Agent: Soil and Environmental Consultants Debbie Shirley Address: 8412 Falls of Neuse Rd. suite 104 Raleigh, NC, 27615 Telephone Number: SAW -2015-01831 SPECIAL CONDITIONS In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW -2015-01831 County: Wake Permittee: Pulte Home Company, LLC Attn: Chris Rau2hley Project Name: Bristol Property/New Hill -Olive Chapel Rd./Apex/Wake County Date Verification Issued: April 21, 2017 Project Manager: James Lastinger Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: James Lastinger, Regulatory Project Manager 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company Attn: Chris Raughley Action ID: SAW -2015-01831 Project Name: Woodbury subdivision County: Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-RiverineNon-Riparian Non -Riparian Coastal 0.302 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.604 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor For NCDMS, list NCDMS. If the Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Dr., suite 105, Wake Forest, NC 27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: james.c.lastinger@usace.army.mil DimtJM— 3PI00 LASTINGERJAMES.C.1 DNc—USlonU.S.Govemen,u—DoD,ou, ou=USA, cn=LASTINGER.JAMES.C.1363642400 363642400 Date: 2017.04.21 15:06:18 -04'00' USACE Project Manager Signature March 30, 2017 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mi1. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company Attn: Chris Raughley Action ID: SAW -2015-01831 Project Name: Woodbury subdivision County: Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 294 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 294 Mitigation Site Debited: Restoration Systems — Bass Mountain Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Dr., suite 105, Wake Forest, NC 27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: james.c.lastinger@usace.army.mil LASTINGER.JAME LDASTI NGsigned by ER.JAMES.C. 1363642400 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, S.C.1363642400 Date: 201704.211I5:06:44A04000.1363642400 USACE Project Manager Signature March 30, 2017 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mi1. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: April 21, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pulte Home Company, LLC Attn: Chris Raughley 1225 Crescent Green Dr., suite 250 Cary, NC 27518 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-R, Woodbury subdivision, SAW -2015-01831 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 149 acres located adiacent to New Hill Olive chapel Rd., near the town of Apex, Wake Countv, North Carolina. Aquatic resources on site drain to Little Beaver Creek in the Cape Fear River basin. Please see the attached table and map entitled "Bristol Propertv" dated 02/07/17 for approximate size and location of aquatic resources on site. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Wake City: Apex Center coordinates of site (lat/long in degree decimal format): Lat.: 35.6882° Long.: -78.9322° Universal Transverse Mercator: Name of nearest waterbody: Little Beaver Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: April 21, 2017 ® Field Determination. Date(s): August 4, 2015 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Nuniber Latitude (decimal degree-,) Longitude (decimal de feees) Estimated amount of agitatic resources in review area (acreage and lineal feet, if applicable T�pe of aquatic Ies-ounces. (II_e._ wetland vs non wetland ivatels) Geographic authority to which the aquatic Iesoulce -may be„ subject (i -e., Section 404 or Section 10404) 35.691662 78.936070 836 LF Stream Section 404 13 35.689834 -78.935659 2.325 LF Stream Section 404 G 35.689644 -78.933530 1.860 LF stream Section 404 D 35.691732 -79.928415 512 LF Stream Section 404 H 35.688940 78.935421 1170 LF Stream Section 404 I 35.685661 76.933872 279 LF Stream Section 404 T 35.669198 78.938643 290 LF Stream Section 404 M 35.691540 78.936415 104 LF Stream Section 404 W 1 35,.69,0916 -:78-937944 0.556 Aces Weiland Section 404 '� ') 35,.69^0874 -78-937409 0.101 Aces Weiland Section 404 W3 35,.691157 -78-936929 G.032 Aces Weiland Section 404 W4 35,.69"0,083 -75.935 45 G. IS G Acres Wetland Section 404 W5 35,.691543 -:78-935284 0.384 Acts Wetland Section 404 W6 35..69 1598 -:78-9309H 0.345 Acts Wetland Section 404 W7 35,.69'1948 -:78-928548 0.240 acts Weiland Section 404 WS 35,.691643 -78-928076 G.071 Anes Weiland Section 404 W9 35,.68,8055 -78-934552 0.088 Anes Weiland Section 404 W10 35,.685682 -78.933884 0.105 Acres Weiland Section 404 Wit 35,.68,5729 -:78-93,2746 0'.415 Aues Weiland Section 404 W12 35.687219 -78-929649 G.062 Anes Wedand Section 404 W13 35.68Z941 -75.929126 G.669 Anes Weiland Section 404 'W14 35.686371 -78-928499 0.034 Amm Wetland Section 404 W15 35.68,5625 -:78-928532 0.543 Aues Wetland. Section 404 W16 35.687868 -78-938079 G.078 Anes Weiland. Section 404 WI? 35.68,8422 -78-93819^0 0.008 Anes Weiland. Section 404 1&118 35.68,8861 -78-938391 0.053 Amm Wetland Section 404 Pond 1 35,.68 439 -:78-933480 0.931 Acres Pond Section 404 Pond 2 35,.687368 -78-930884 0.880 Anes Pond Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (N WP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: `Bristol Property" dated 02/07/17 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. M Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: New Hill Quad ® Natural Resources Conservation Service Soil Survey. Citation: Wake County 1970, sheet 73 ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): M FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datura of 1929) ® Photographs: ®Aerial (Name & Date): or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by cINUUSEoLASTINGERJAMEDN:S o Gvernment, S.C.1363642400 con-LDASDTINGERJAMESCs 363642400 Date: 2017.04.21 15:09:08 -04'00' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. L MN L WM W /L VJ J O J O 70 (06 70 Z O > O O i J m Cn (6 .O N 0- N O m N O m E 0 O U_ 0 U L O Z ^m�♦ /L VJ -6- LU W T O 0- 0 0 0 0 70 J O O U_ 70 70 O O U_ 70 1- O O 0 b.0 a O 1 O O O d b.0 41 O O Q% r 0 (C co 41 C � �� ,� ,� � cd w COO S-. 3a C s Ord C o C W w O O O •� bA N O bA a o C s. o C O Q)o o O Cd AOwr� U (� � c CO Q) �Cd co P. °�oE-- co 4 CQO) co CO°�4C8 0 a� � 0 W o o � W �.co o O CO t Pri) A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Pennit, you may sign the pennit document and return it to the distnict engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pennit, including its terms and conditions, and approved jurisdictional detenninations associated with the pennit. OBJECT: If you object to the pennit (Standard or LOP) because of certain ternis and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this forrn 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 night to appeal the pennit in the future. Upon receipt of your letter, the distnict 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 pennit having determined that the pennit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pennit 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 Pennit, you may sign the pennit document and return it to the distnict engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pennit, including its terms and conditions, and approved jurisdictional detenninations associated with the pennit. APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pennit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this forrn 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 pennit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this forrn 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. Applicant: Pulte Home Company, LLC Chris Raughley File Number: SAW -2015-01831 Date: April 21, 2017 Attached is: See Section below INITIA PROFFERED PERMIT (Standard Pennit or Letter of permission) A PR FFERED PERMIT tan ar Pennit or Letter o permission P RMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Pennit, you may sign the pennit document and return it to the distnict engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pennit, including its terms and conditions, and approved jurisdictional detenninations associated with the pennit. OBJECT: If you object to the pennit (Standard or LOP) because of certain ternis and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this forrn 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 night to appeal the pennit in the future. Upon receipt of your letter, the distnict 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 pennit having determined that the pennit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pennit 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 Pennit, you may sign the pennit document and return it to the distnict engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pennit, including its terms and conditions, and approved jurisdictional detenninations associated with the pennit. APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pennit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this forrn 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 pennit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this forrn and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION I1- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL 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 INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James Lastinger, Regulatory Project Manager U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32Pulte Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunit to participate in all site investiations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137