20170739 Ver 2_USACE Permit_20180505

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-00634 County: Wake County U.S.G.S. Quad: Fuquav-Varina
GENERAL, PERMIT (REGIONAL. AND NATIONWIDE) VERIFICATION
Permittee: M.J. Desormeaux
Wake Countv Board of Education
,Address: 1551 Rock Quarry Rd.
Raleigh, NC 27610
Telephone Number::
Size (acres) Nearest Town Fuquav Varina
Nearest. Waterway Black Creek River Basin Neuse
USGS HUC 03020201. Coordinates'i Latitude: 35.5831346063207
Longitude: -78.7557858622791 .
Location description: The proiect site is located in the northeast quadrant of the intersection between Old Honeycutt Rd. and
NC 55 near the town of Fuquav-Varina, Wake. County, North Carolina. Ac uatic resources on site drain to Black Creek in the
Neuse River basin.
Description of projects area andactivity: This permit verification allows for 0.068,acre of permanent and -0.41 acre of temporary
wetland impacts from fill associated with roadwav improvements for the construction of the Willow SDrines high school site.
No mitigation is required for this'proposal.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
0 ,Section 10 (Rivers and Harbors Act, 33 USC 403)
.Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 39 Commercial and Institutional
Developments
SEE ATTACHED RGP or NWP'GENERAIL, REGIONAL AND/OR 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 April 5, 2018. 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwideand/or regional general permit authorization
expires or is -suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e.,, are under construction) or are under contract to commence in reliance upon
the nationwide andor regional general permit, will .remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above), may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within.the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management .in Morehead City, NC, at [phone].
• i
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State.
or local approvals/permits.
If there are any questions regarding this verification, any ;of the conditions of the Permit, or;the Corps of Engineers regulatory program,
please contact James La'stinger at (919) 5544884 or James.C.Lastinger(n usace.army.mil.
LASTINGER.JAM
Corps Regulatory Official:
Date: April 5, 2018
Expiration Date of Verification: March 18, 2022

SAW -2618-00634
A. Determination of Jurisdiction:
1. ❑ There, are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA),(33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action,•'by contacting the Corps district for further
instruction. Please note, if work is'authorized by,either a general or nationwide, permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that'could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
- of Section 10 of the -Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404; of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including°wetlands, within the above described- project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). , Unless there is a change in the law or our published regulations,
this Zetermination may be relied upon for a period not to exceed five years from the date of this notification.
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for fiirther instruction.
5.' ❑ The aquatic resources within the above described project area'have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW -
P. Basis For.Jurisdietional Determination: N/A. An Approved JD has not been completed.
C. Remarks:
D. Attention USDA Program -Participants
This delineation/determination has been conducted to identify the' limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delirieation/determination may, not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from,the local',office.of the Natural Resources Conservation Service, prior to'starting work.
E. Appeals Information, for Approved Jurisdiction Determinations (as indicated in A2 and A3, above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33'&R 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:
US Army .Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 by .
It is not necessary to submit an RFA form -to the Division Office if you do not object to the determination in this
correspondence.

Digitally signed by
LASTINGERJAME LASTINGER.JAMES.C.1363642400
`DN:c=US, o=U.S. Government, od=DOD, ou=PKI,
SAW -2018-00634 /� ou=USA,cn=LASTINGERJAMES.C.1363642400
Corps Regulatory Official:S.C. 1 1 363642400. Date: 2018.04.0514:29:39-04'00'
James Lastinger
Date of JD: April 5, 2018 Expiration Date of JD: N/A
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://corpsmgpu.usace.armv.mil/6ni apex/P?p=136:4:0.
Copy furnished:.
Bob Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh NC, 27615

Action ID Number: SAW -2018-00634 County: Wake County
Permittee: M.J. Desornieaux
Wake County Board of Education
Project Name: Willow Springs Nigh School/off site road improvements/Old Honeycutt Rd and NC
55/Fuguay Varina/Wake Coun
Date Verification Issued: April 5, 2018
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 ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory PM
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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPT
REQUEST FOR APPEAI+
Applicant: MA. Desormeaux Wake County Board of File Number: SAW -2018-00634 Date: April 5, 2018
Education
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D _
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http:Jhvww usace army ntiVMissions%CivilWorks,Regulator� ProRramandPernnits aspx or
Cors regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept anapproved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECT
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 alreadv in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If YOU have questions regarding this decision andior the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: James Lastinger
69 Darlington Avenue
Wilmington, North Carolina 28403
919-554-4884 ext 32
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room IOM15
Atlanta, Georgia 30303-8801
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
Telephone number:
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: [phone]