20090475 Ver 1_401 Application_20090409

Progress
April 20, 2009
NC DWQ, 401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Subject: Pre-Construction Notification Form
River Chase Ridge Stream Stabilization Project
Huntcliff Subdivision
Winston-Salem, Forsyth County, North Carolina
Action Id. 200803175
Progress Project 1008131.001
To Whom It May Concern:
09 - 0 4 7 5

Enclosed please find a completed Pre-Construction Notification (PCN) Form and supporting
documents per U.S. Army Corps of Engineers requirements in the above-referenced matter. The
City of Winston-Salem Stormwater Division has retained Progress Environmental, Inc. (Progress)
to provide wetland jurisdictional delineation/permitting and design services for this project.
Please don't hesitate to call me at [phone] if you have any questions.
Sincerely,
PROGRESS ENVIRONMENTAL, INC.
4?A
Joseph S. Lawson III
Director of Natural Resources
Enclosure: PCN and Supporting Documents
APR 3 4 2009
DENN - ittii g k uuALlTY
WETLA4DS AND STORM',NATER BRANOt
PO Box 5884 • Winston-Salem, INC 271 13-5884
336-722-9999 Office • 336-722-9998 Fax
w,N,N.F)rogressenvironmental.com
Progress
ENVIRONMENTAL INC
April 9, 2009 0 9_ 0 4 7 5 APR 2 4 2009
DENR • WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Mr. John Thomas
U.S. Army Corps of Engineers ? O
Raleigh Regulatory Field Office O
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: Pre-Construction Notification Form ??
River Chase Ridge Stream Stabilization Project
Huntcliff Subdivision _
Winston-Salem, Forsyth County, North Carolina -----??
Action Id. 200803175
Progress Project 1008131.001
Dear Mr. Thomas:
Enclosed please find a completed Pre-Construction Notification (PCN) Form and supporting
documents per U.S. Army Corps of Engineers requirements in the above-referenced matter. The
City of Winston-Salem Stormwater Division has retained Progress Environmental, Inc. (Progress)
to provide wetland jurisdictional delineation/permitting and design services for this project.
Please don't hesitate to call me at [phone] if you have any questions.
Sincerely,
PROGRESS ENVIRONMENTAL, INC.
Jos ph S. Lawson III
Director of Natural Resources
Enclosure
cc
PCN and Supporting Documents
NCDWQ, 401/Wetlands Unit
PO Box 5884 • Winston-Salem, NC 271 13-5884
336-722-9999 Office • 336-722-9998 Fax
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.2 Dec 9 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information E.A I
1. Processing
1 a. Type(s) of approval sought from the
Corps: Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 27 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.

No 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 [Z No
If. 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: River Chase Ridge Stream Stabilization
2b. County: Forsyth
2c. Nearest municipality / town: Winston-Salem
2d. Subdivision name: Huntcliff
2e. NCDOT only, T.I.P. or state
project no: N/A
Page 1 of 11
PCN Form - Version 1.2 December 9, 2008 Version
3. Owner Information

a.

ame on Recorded Deed: Bartholomea F. Monnelly
Vera L. Bonner
Barbara B. Vining
Jon M. Olsen II
Robert L. Vaughn
Michelle Jennifer Kim
Norma Jean Wilkes

b.

eed Book and Page No. DB 1993, Pg 3575
DB 2470, Pg 1686
DB 2254, Pg 2268
DB 2475, Pg 1701
DB 1351, Pg 1252
DB 2151, Pg 1470
3c. Responsible Party (for LLC if
applicable): Keith Huff, City of Winston-Salem Stormwater Division
3d. Street address: 101 N. Main Street (Suite 53)
3e. City, state, zip: Winston- Salem, NC 27101
3f. Telephone no.: [phone]
3g. Fax no.: - [phone]
3h. Email address: [e-mail]
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent Other, specify: City of Winston-Salem Stormwater Division
4b. Name: Keith Huff
4c. Business name
(if applicable):
4d. Street address: 101 N. Main Street (Suite 53)
4e. City, state, zip: Winston-Salem, NC 27101
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Jay Lawson
5b. Business name
(if applicable): Progress Environmental, Inc.
5c. Street address: 120 Fayette Street
5d. City, state, zip: Winston-Salem, NC 27101
5e. Telephone no.: 336.722.9999
5f. Fax no.: 336.722.9998
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
PIN 5897-71-7721
PIN 5897-71-6672
PIN 5897-71-6532
1a. Property identification no. (tax PIN or parcel ID): PIN 5897-71-5483
PIN 5897-71-7433
PIN 5895-71-8589
1 b. Site coordinates (in decimal degrees): Latitude: 36.0817 Longitude: - 80.36154
(DD.DDDDD) (-DD.DDDDD)
1 c. Property size: 3.35 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Muddy Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin
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:
The subject site is located within the Huntcliff residential subdivision (single family detached dwellings - medium density)
north of the culvert at Heatherton Way and east of River Chase Ridge. The subject site includes property located to the
rear of several residences.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
376
3d. Explain the purpose of the proposed project:
The project is being conducted by participating private landowners in coordination with the City of Winston-Salem
Stormwater Division. It is a part of the Stormwater Division's cost share program which helps fund stormwater
improvement projects. The project is intended to stabilize a severely eroding section of an unnamed tributary to Muddy
Creek.
3e. Describe the overall project in detail, including the type of equipment to be used:
The stabilization project will include elements to reintroduce an active floodplain and stable stream banks. Native
materials will be used to the extent practicable to construct in-stream structures, as appropriate. Native plantings will be
used to enhance stream bank stability. Heavy equipment such as trackhoes, loaders, and dump trucks will be used for
final construction and site development. A copy of the plans is included as part of this submittal.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property ! Yes ? No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
f ? Preliminary ? Final
o
determination was made.
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Progress Environmental,
Name (if known): Jay Lawson Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
,
12/1/2008
Page 3 of 11
PCN Form - Version 1.2 December 9, 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands S 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 Type of wetland Forested (Corps - 404, 10 Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary T
W1 ? P ? T ? Yes ? No ? Corps
? DWQ
W2 ? P ? T ? Yes ? No ? Corps
? DWQ
W3 ? P ? T ? Yes ? No ? Corps
? DWQ
W4 ? P ? T ? Yes ? No ? Corps
? DWQ
W5 ? P ? T ? Yes ? No ? Corps
? DWQ
W6 ? P ? T ? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts
2h. Comments:
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. 31b. 3c 3d. 3e 3f. 3g.
Stream impact Type of Stream name Perennial (PER) Type of jurisdiction Average Impact
number - impact or intermittent (Corps - 404, 10 stream width length
Permanent (P) or (INT)? DWQ - non-404 (feet) (linear feet)
Temporary (T) ,
other)

S1 ? P X T Stabilizati Unnamed
tributary to
PER ? INT
404
8
376
on Muddy Creek
S2 ? P ? T ? PER ? INT
S3 ? P ? T ? PER ? INT
S4 ?P?T ?PER ?INT
S5 ? P ? T ? PER ? INT
S6 ?P?T ?PER ?INT
3h. Total stream and tributary impacts 376
3i, Comments: The project primarily consists of in-place stabilization with minor pattern changes designed to protect
infrastructure and decrease erosion.
Page 5 of 11
PCN Form - Version 1.2 December 9, 2008 Version
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 individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID
Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland

number (acres)
purpose of pond
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 DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
T
B1 ?P?T ?Yes ?No
B2 ?P?T ?Yes ?No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project consists of stream stabilization measures designed to improve aquatic habitat/riparian conditions. Project will
minimize impacts during construction. Appropriate erosion/sediment control devices will be considered in design of the
construction sequence.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion and sediment control devices will be installed prior to construction to prevent sediment runoff into stream.
Stream stabilization construction will be conducted "in-the-dry" with pump-around provisions made per section of
constructed stream segment.
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 I? 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:
5. 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 1.2 December 9, 2008 Version
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 mitigation? ? Yes X No
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.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
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
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . 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? ? Yes ? No
2. Determination if the Project Requires a Stormwater Management Plan
2a . Does the project require a Non-404 Jurisdictional General Permit? ? Yes No
2b. Is the project subject to General Certification 3704 or 3705? ? Yes No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
management programs (check all that apply)? ? HQW

If so, attach one copy of the approval letter from the DWQ and one copy of the ? ORW
? Session Law 2006-246
approved stormwater management plan. ? Other: Phase II City
3b. In which local government's jurisdiction is this project? City of Winston-Salem
3c. Is this local government certified to implement a state stormwater program? ? Yes ? No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? 0%
4b. Does this project contain any areas that meet the criteria for "high density" per
General Certifications 3704 and 3705? ? Yes No
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
4d. Has a completed BMP Supplement Form with all required items been submitted 4
for each stormwater BMP? ? No N1
? Yes
Page 9 of 11
PCN Form - Version 1.2 December 8, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. 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)?
1c. 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
letter.) ? Yes ? No
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
ddi ? Yes ® No
a
tional 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.
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.
N/A
Page 10 of 11
PCN Form - Version 1.2 December 8, 2008 Version
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 ? No
impacts?

5c. If yes, indicate the USFWS Field Office you have contacted. ?
Raleigh
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Element Occurrrences. Confirmed with Bryan Tompkins (USFWS).
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?
Site is located in Piedmont.
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
t
t ? Yes ® No
s
a
us (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?
http://www.hpo,dcr.state.nc.us
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 Floodplain Mapping Information System
http://www.ncsparta.net/fmis/Home_Message.aspx and FEMA Flood Panels available on the Forsyth County, NC Geo-
Data Explorer http://maps2.co.forsyth.nc.us/geodata_08/
Joseph S. Lawson III O Q
?fl l I
Applicant/Agent's Printed Name Applicant/A nt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200803175 County: Forsyth U.S.G.S. Quad: Winston-Salem West
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent; Jay Lawson
Address: Progress Environmental Inc.
P.O. Box 5884
Winston-Salem, NC 27113
Telephone No.: 336 722-9999
Property description:
Size (acres) 2 Nearest Town Winston-Salem
Nearest Waterway Muddy Creek River Basin Yadkin River
USGS HUC 03040101 Coordinates N 35.7792085 W -79.8448342
Location description Site located off of River Chase Ridge Road west of Peace Haven Road, adjacent to a tributary
o€-1kJ4uddy-Czeek,:_K:est of_W1ns:ton-Salem, in Forsyth County North Carolina
Indicate Which of the Followine ADDIY:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. 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).
-$ Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in 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,
X There are waters of the U.S. on the above described project area 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 of your 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.
X The waters of the U,S. 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 areas 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 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 property 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
(LAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Page 1 of 2
Aciion ID:
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program please contact John Thomas at 919 5544884 eat. 25.
C. Basis For Determination
There are stream channels within your proiect site which are tributaries of Muddy Creek which flows into the Yadkin
River and the Atlantic Ocean.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site, If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification-of Appeal Process-(-NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Manuele, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RITA form, it must be received at the above address by February 1, 2009.
**It is not necessary to submit an RFA form to he District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date 12/01/2008 Expiration Date 12/01/2013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at htti)://regulatory.usacesui-vey.com/ to
complete the survey online.
Copy fiunished:
Page 2 of 2

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Applicant; Jay Lawson / River Chase Ridge File Number: SAW 2008 Date: December 1, 2008
Restoration project 03175
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL
- C
17 A JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
lo;??;?nb;ielet i ?S 0u1' r IC, tits', and ? t?pn ie aiding at admini w?
F„ r b al?irkt tnati n m?z? ?,e tvund ai htt ?1?1?t.:ii?ace:ztm?;.mil.:inet lnct ??n?,e?; r
A: A
_ M Mr -
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. 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 11 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 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.

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.

If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
John Thomas @ 919 554-4884 ext. 25 Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
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 notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Jean Manuele, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive , Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
AGENT CERTIFICATION OF AUTHORIZATION
I lee; K. b. N,rr ,representing _+N, CG 7 of tJr„34- -SkN, hereby
certify that I have authorized Joseph S. Lawson III of Progress Environmental, Inc. (Progress)
to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of
this jurisdictional determination, permit, and any and all standard and special conditions
attached.
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
Applicant's signature
Agen s si ature
y 7- ,2vo 9
Date
Date
Completion of this form will allow the agent to sign all future application correspondence.
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