20160071 Ver 2_NWP14Verification_SamsBranchGreenway_20160212_20180515

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Actioii Id. SAW-2016-00301 County: Jolinsto�i U.S.G.S. Quad: NGCLAYTON
G�N�12AL P�RMIT (REGIONAL AND NATIONWIDE) V�RIFICATION
Yermittee:
Address
Telephone Number:
Town of Clayton
David DeYoung
P.O. Box 777
Clayton, NC, 27528
919 553-5002 ext. 5400
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Size (acres) 21.5 Nearest Town Clayton
Nearest Waterway Neuse River Rivec Basin Unner Neuse
USGS HUC 03020201 Coordinates Latitude: 35.66572
Longitude: -78.44746
Location description: Proposed Sam's Branch Greenway trail easement connecting O'Neil Street and Legend Parl< adjacent to Sam's
Brancll, lll CI1yY011, Johnston County, North Carolina.
Description of projects area and activity: �reenway trail construction
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Re�ional Geueral Permit N�unber or Nationwide Permit Number: NWP 14 Linear Transr�ortation I'roiects.
Mechanized I�nd cle�ring, excavation, �nd the disch�rge of fill matcrial �ssociated with construction of � asphalt and
broadwallc greenway trail resulting in 0.04 acre of wetland land clearing impacts to the jurisdictional waters of Sams's
Branch �vliich is a tributaiy of the Neuse River.
SEE ATTACH�D RGP ai� NlVP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Yow• wo►•Ic is authorized by tl�e above referenced permit provided it is �ccomplished in strict accorda��ce �vith tlie �ttached
conditions and your submitted a��plic�tion and attached inform�tion dated O1/19/201G. Any violation of tl�e attached
conditions or deviation from your submitted plans may subject the permittee to a stop wo►•Ic order, a restoration ordcr, � Class
I �dministrative penalty, �nd/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revol<ed. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will ren�ain valid until tl�e expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. [f tl�e nationwide permit authorization expires or is suspended, revol<ed, or is modified, such that the
activity would ilo lon�er 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 permit, will remain autliorized provided the
activity is completed within twelve months of the date of the nationwide pennit's expiration, modification or revocation, �mless
discretionary autliority has been exercised on a case-by-case basis to modify, suspe�id or revol<e 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 Quality (telephone [phone]) to determine Section 401 re�uiremeuts.
For activities occurring within the twenty coastal counties suUject to regul�tion under the Coastal Area Management Act (CAMA),
prior to beginning worlc you must contact the N.C. Division of Coastal Management in Morellead City, NC, at [phone].
This Departii�ent of the Army verification does not relieve the permittee of the responsibility to obtain any othec required Pederal,
State or local approvals/permits.
If there are any questions cegarding t is verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thoma ,s�at 919-55. -4�x2� or John.T.Thom�s.JR(a�usace.armv.mil.
Corps Regulatory OfFcial: � Date: 02/12/2016
Expiration Date of Verificatiof : 03/18/2017

SAW-ZO l G-00301
Determination of Jurisciiction:
A. ❑ Based on preliminary information, there appear to be wateis of the US including wetlands within the above desccibed project
area. This preliminary determination is not an appealaUle action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
[3. ❑ 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 and Section 404 of the Clean Watei• Act. Unfess there is a change in the law or our
published regulations, this determination may Ue relied upon for a period not to eaceed five years from the date of this
notification.
C. � There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(�3 USC § 1344). Unless there is a change in the law or o�u published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above clescribed project area l�ave been identified under a previous action. Please reCerence
jurisdictional determination issued . Action [D: SAW- .
Bas1s For Detertnlllation: Site includes tributaries of Sam's Branch which is a tribut�ry of the Neuse River which
flows to the Atlantic Ocean.
Remarks:
�. Attention USDA Progi-�m Pai•ticipants
This delineatio�l/determination has been conducted to identify tlie 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 Pood Secw�ity
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation iii USDA programs, you sllould request
a certified wetland determination fcom the local office of the Natural Resources Conservation Service, prior to starting worl<.
F. Appeals Information (This information lpplies only to approved jurisclictional deter�uinations as indicated in !3
�nd C above).
This correspondence constitutes an approved j�u•isdictional detecmination for the above desa�ibed site. If you object to this
determination, you may request an adminish•ative �ppeal under Corps regulations at 33 CFR Part 331. Cnclosed you will find a
Notification of A�peal Process (NAP) fact sheet and request for appeal (RP'A) form. If you request to appeal this determination you
must submit a completed RrA form to the following address:
US Army Corps of Gngineers
So��th Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Geor�ia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determi��e that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by U�e Division Office within 60 days of the date of the NAP. Should you
decide to s�ibmit an RPA form, it ulust e i•eceived at the above a di-ess by 4/16/2016.
**[t is not necessary to submit an P' orm to the D' ision Of - ce if you do not oUject to the determination in this correspondence.**
Corps Re�ulatory Official: ) �
John Thomas
Date of JD: 02/12/2016

SA�1�-201 G-00301
Expiration Date ofJD: 3/18/2017
'I'he Wilmingron District is committed to providiug the higllest level of support to the public. To Ilelp us ensure we
continue to do so, please complete our customec Satisfaction Siirvey online at ht_tZ�:/i're;�u(��t.e,�ry,_us��cesurw���`,_coip/.
Copy furnished:
Agent: Gcological �n�ineers
David Cooner
Address: 1151 S� Cary Parlcway, Suite 101
Carv, NC, 27518
Telepho��e Nlu��ber:

Action ID Number: SAW-2016-00301 County: Johnston
Permittee: Town of Clayton
David DeYoun�
Project Name: Town of Clayton, Snm;s Br�nch Greenw�y
Date Vei-ification Issued: 02/12/2016
Pi�oject Man�ger: John Thomas
Upon completion of the �ctivity �►uthorized by this permit �nd any mitig�tion required by the permit,
sign this cei•tification �nd return it to the following nddress:
US ARMY CORPS OF �NGINE�RS
WILMINGTON DISTRICT
Attn: John Thomas
Raleigh Regulatoiy Field Office
3331 Herit�ge Trade Drive, Suite 105
W�ke Forest, NC 27587
Please note th�t your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers represent�►tive. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revolcing the authorization andlor issuing a Class I
�cLninistrative penalty, or initiating other appropi•iate leg�l action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the ter�ns and condition of the said permit, ��nd i-equired mitigation was completed in
accordance with the per►nit conditions.
Signature of Pcrmittee Date

NOTIF'ICATION OI+ ADMINISTRATN� APP�AL OPTIONS ANll P1tOC�SS ANll
I2�QU�ST FOR APP�AL
Applicant: Town of Clayton File Number: SAW-2016-00301 Date: 02/12/2016
David DeYoun
Attached is: See Section below
n INITIAL PROFF�RED PERMIT (Standard Permit or Letter of permission) A
PROFr'ERED PERMiT (Standard Permit or Letter of permissio
PCRMIT DEN[AL
API'ROVED JURISDICT[ONAL DETCRMINATION
PR�LIMINARY JURISDICT�ONAL DCT�RMINATION
:
0
0
0
SGCTION I- The following identifies yow• rights and options regarding an administrative appeal of the above decision.
ACldlt1011cll 111f01"lllai1011 1171j� lle fOUI7CI ai OC �1fIO:!, 1k'\V\i�.LIS�1C�.�ll'Illy.1111 I'n�1�51011..5.�'(,I�'1���1� Ol'�<i-J'�L'f_'Ll��101'Vj�l'0��1'�111�f1C��c1'llll(S.BS�Jti
or the Corl�s re�ulations at 33 CFR Part 331.
A: INITIAL PROFFER�D PERMIT: You may accept or object to the permit.
• ACCEPT: If you ceceived 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 worl< is authorized. Your
signature on the Standaccl Permit or acceptance of the LOP means that you accept the permit in its entirety, ancl waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJ�CT: 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. Yo�u• 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 youe letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of yo�u• concerns, (b) modify the pennit to address some of your
objections, or (c) not modify the permit havii�g deter���ined that the perinit should be issued as previously writtel�. After
evaluating youi� objections, the district engineer will send you a proffered permit for yo�n� reconsideration, as indicated in
Section B below.
B: PROFF�RLD P�RMIT: You may �ccept or appeal the pei•mit
ACCEPT: tf 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 Lettec of Permission (LOP), you may accept the LOP antl 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 alf
rights to appeal the permit, including its terins and coi�ditions, and approved jw�isdictional determinations associated with the
perinit.
• APPCAL: 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 Cngineers Admii�istrative Appeal Process by completing Section II of
this form and sending the form to tlle division engineer. This for�m must be ceceived by the division engineer within 60 days
of the date of this notice.
C: P�RMIT ll�NIAL: 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: APPROV�D JIJRISDICTIONAL D�T�RMINATION: You may accept oc appeal the approved JD or provide new
information.
ACCCPT: You do not need to notify the Corps to accept an approved JD. C'ailure to notify the Cor�s 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
Administi�ative 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.

C: PR�LIMINARY JURISDICTIONAL D�T�RMINATION: You do not need to respond to the Corps regarding the
prelii»inary 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 fiu-ther instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQU�ST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS POR APPEAL OR OQJECTIONS: (Describe yow� reasons for appealing the decision or yottr 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.)
ADD[TIONAL INFORMATION: The appeal is limited to a review of the adminish�ative reco►•d, the Corps memorandum for the
record of the appeal conference or meeting, and any supplei��ental informat'ton that the review offcer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the recocd.
I-lowever, you may provide additional information to clarify the location of information that is alceady in the administrative
record.
POINT OF CONTACT FOR QUEST[ONS OR INi'ORMATION:
[f you have questions regarding this decision and/or the If you only have c�uestions regarding the appeal process you may
appeal process you may contact: 11so contact:
District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer
John Thomas CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Porsyth Street, Room l OM 15
Atlanta, Geurgia 30303-8801
Pl�one: [phone]
RIGHT OI' 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 dw�ing the coiu�se of the appeal process. You will be provided a l� day
notice of any site investigation, and will have the oppoctunity to partici�ate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For nppeals o�z Iizitial Pi�offe�•crl Perrnits sen�l this forin to:
District Gngineer, Wilmington Regulatory Division, Attn: John Thonias, 69 Darlington Aveiuie, Wilmington, North Carolina
28403
Fa� Permit de�7ials, Pro/fered Pe�����its ru�c! approved Jr�risdictiairil Determinations se��rl this for��T to:
Division Cngineer, Commander, U.S. Army �ngineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CGSAD-PDO, 60 Forsyth Street, Room 1OM15, Atla��ta, Georgia 30303-8801
Phone: [phone]