20190060 Ver 1_Combined Vandora Springs Rd. Pre-JD Submitted 2017-06-02_20190114

Ecological Engineering, LLP Project No. 10518-013
1151 SE Cary Parkway, Suite 101
Cary, North Carolina 27518
[phone]
www.ecologicaleng.com

June 2, 2017

Ms. Tasha Alexander
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

Re: Request for Preliminary Jurisdictional Determination
Vandora Springs Rd. Improvements
Garner, Wake County, NC

Ms. Alexander:

Ecological Engineering, LLP (Ecological Engineering) respectfully requests concurrence with the attached request
for preliminary jurisdictional determination (JD) in association with the proposed road improvement project.
Ecological Engineering is currently under contract with Ramey Kemp Engineering, Inc. to provide natural resources
inventories, jurisdictional assessments and reporting. The proposed road improvement project is located in Wake
County, NC on Vandora Springs Rd.

This project is considered a linear transportation project and the approved preliminary JD will assist in avoidance
and minimization of unavoidable stream or wetland impacts associated with design and layout of the proposed
bridge. We have attached the following information to assist with your review:

 Jurisdictional Determination Request Forms;
 Topographic map, soil survey map, and aerial;
 NCDWR stream forms;
 Site photographs;
 Agent authorization form

If you have any questions or concerns, please do not hesitate to contact me at [phone]. We look forward to
hearing from you soon.

Sincerely,

ECOLOGICAL ENGINEERING, LLP

Heather Smith, LSS
Project Scientist
cc: Tre Dugal, Ramey Kemp
File: 10518-013

Jurisdictional Determination Request

Version: December 2013 Page 1
Wilmington District

This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx, by
telephoning: 910-251-4633, or by contacting any of the field offices listed below:

ASHEVILLE REGULATORY FIELD OFFICE WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers US Army Corps of Engineers
151 Patton Avenue, Room 208 2407 West Fifth Street
Asheville, North Carolina 28801-5006 Washington, North Carolina 27889
General Number: [phone] General Number: [phone]
Fax Number: [phone] Fax Number: [phone]

RALEIGH REGULATORY FIELD OFFICE WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers US Army Corps of Engineers
3331 Heritage Trade Drive 69 Darlington Avenue
Wake Forest, North Carolina 27587 Wilmington, North Carolina 28403
General Number: [phone] General Number: 910-251-4633
Fax Number: [phone] Fax Number: [phone]

______________________________________________________________________________________

Jurisdictional Determination Request

Version: December 2013 Page 2
INSTRUCTIONS:

All requestors must complete Parts A, B, C, D, E and F.

NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.

NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary. This form must be
signed by the current property owner to be considered a complete request.

NOTE ON PART D – NCDOT REQUESTS: Property owner authorization/notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOT/USACE protocols.

NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.

Jurisdictional Determination Request

Version: December 2013 Page 3
A. PARCEL INFORMATION

Street Address: Vandora Springs Rd. between Miriam Ave. and Timber Dr.
City, State: Garner, NC
County: Wake
Directions: From Raleigh, south on US-401 to US-70 E. Follow for
1 mile, turn right onto Timber Dr. and follow for 1.9
miles. Project starts at intersection of Timber Dr. and
Vandora Springs Rd.

Parcel Index Number(s) (PIN): ROW of Vandora Springs Rd.

B. REQUESTOR INFORMATION

Name: Heather Smith
Mailing Address: 1151 SE Cary Parkway, Ste. 101
Telephone Number: [phone]
Electronic Mail Address1: [e-mail]

Select one:

I am the current property owner.
I am an Authorized Agent or Environmental Consultant2
Interested Buyer or Under Contract to Purchase
Other, please explain.

C. PROPERTY OWNER INFORMATION
NOTE: This is a Town of Garner road improvement project, and includes multiple
parcels/owners. Work will take place in the ROW.

Name: Tony Chalk, PE, Town Engineer
Mailing Address: Town of Garner
914 7th Ave, Garner, NC 27529
Telephone Number: [phone]
Electronic Mail Address3: [e-mail]

Proof of Ownership (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)

1 If available
2 Must attach completed Agent Authorization Form
3 If available
Jurisdictional Determination Request

Version: December 2013 Page 5
F. ALL REQUESTS

Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.

Size of Property or Project Area: +/2.5 acres

I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.

G. JD REQUESTS FROM CONSULTANTS OR AGENCIES

(1) Preliminary JD Requests:

Completed and signed Preliminary Jurisdictional Determination Form6.

Project Coordinates: 35.692593 Latitude -78.639338 Longitude

Maps (no larger than 11x17) with Project Boundary Overlay:

Large and small scale maps that depict, at minimum: streets, intersections, towns
Aerial Photography of the project area
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)

6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008
Jurisdictional Determination Request

Version: December 2013 Page 6
Delineation Information (when applicable) 7:

Wetlands: Tributaries:
Wetland Data Sheets8 USACE Assessment Forms

Upland Data Sheets Other Assessment Forms
(when appropriate)
Landscape Photos, if taken

Field Sketch overlain on legible Map that includes:

 All aquatic resources (for sites with multiple resources, label and identify)
 Locations of wetland data points and/or tributary assessment reaches
 Locations of photo stations
 Approximate acreage/linear footage of aquatic resources

(2) Approved JDs including Verification of a Delineation:

Project Coordinates: ____________ Latitude ____________ Longitude

Maps (no larger than 11x17) with Project Boundary Overlay:

Large and small scale maps that depict, at minimum: streets, intersections, towns
Aerial Photography of the project area
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)

7 1987 Manual Regional Supplements and Data forms can be found at:
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/reg_supp.aspx
Wetland and Stream Assessment Methodologies can be found at:
http://portal.ncdenr.org/c/document_library/get_file?uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&groupId=38364 and,
http://www.saw.usace.army.mil/Portals/59/docs/regulatory/publicnotices/2013/NCSAM_Draft_User_Manual_130318.pdf
8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Jurisdictional Determination Request

Version: December 2013 Page 7
Delineation Information (when applicable):

Wetlands: Tributaries:
Wetland Data Sheets9 USACE Assessment Forms

Upland Data Sheets Other Assessment Forms
(when appropriate)
Landscape Photos, if taken

Field Sketch overlain on legible Map that includes:

 All aquatic resources (for sites with multiple resources, label and identify)
 Locations of wetland data points and/or tributary assessment reaches
 Locations of photo stations
 Approximate acreage/linear footage of aquatic resources

Supporting Jurisdictional Information (for Approved JDs only)

Approved Jurisdictional Determination Form(s) (also known as “Rapanos
Form(s)”)

Map(s) depicting the potential (or lack of potential) hydrological connection(s),
adjacency, etc. to navigable waters.

9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Jurisdictional Determination Request

Version: December 2013 Page 8
I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT

Prior to final production of the Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.

Due to storage limitations of our administrative records, the Corps requires that all hard-
copy submittals include at least one original Plat (to scale) that is no larger than 11”x17”
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11”x17”, may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e-mail to the requestor.

(1) PLATS SUBMITTED FOR APPROVAL

Must be sealed and signed by a licensed professional land surveyor

Must be to scale (all maps must include both a graphic scale and a verbal scale)

Must be legible

Must include a North Arrow, Scale(s), Title, Property Information

Must clearly depict surveyed property or project boundaries

Must clearly identify the known surveyed point(s) used as reference (e.g. property
corner, USGS monument)

When wetlands are depicted:

 Must include acreage (or square footage) of wetland polygons
 Must identify each wetland polygon using an alphanumeric system

Jurisdictional Determination Request

Version: December 2013 Page 9
When tributaries are depicted:

 Must include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
 Must identify each tributary using an alphanumeric system
 Must include linear footage of tributaries and calculated area (using
approximate widths or surveyed OHWM)
 Must include name of tributary (based on the most recent USGS
topographic map) or, when no USGS name exists, identify as “unnamed
tributary”

all depicted WoUS (wetland polygons and tributary lines) must intersect or tie-to
surveyed project/property boundaries

Must include the location of wetland data points and/or tributary assessment
reaches

Must include, label accordingly, and depict acreage of all waters not currently
subject to the requirements of the CWA (e.g. “isolated wetlands”, “non-
jurisdictional waters”). NOTE: An approved JD must be conducted in order to
make an official Corps determination that a particular waterbody or wetland is not
jurisdictional.

Must include and survey all existing conveyances (pipes, culverts, etc.) that
transport WoUS

Jurisdictional Determination Request

Version: December 2013 Page 10
(2) CERTIFICATION LANGUAGE

When the entire actual Jurisdictional Boundary is depicted:

include the following Corps Certification language:

When uplands may be present within a depicted Jurisdictional Boundary:

include the following Corps Certification language:

“This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.W. Army Corps of Engineers Wetlands Delineation Manual.”
Regulatory Official: ______________________________________
Title: ______________________________________
Date: ______________________________________
USACE Action ID No.: ______________________________________

“This certifies that this copy of this plat identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is a change in the law or our published regulations,
the determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five (5) years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.W. Army Corps of Engineers Wetlands
Delineation Manual.”
Regulatory Official: ______________________________________
Title: ______________________________________
Date: ______________________________________
USACE Action ID No.: ______________________________________

Jurisdictional Determination Request

Version: December 2013 Page 11
(3) GPS SURVEYS

For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as:

be at sub-meter accuracy at each survey point.

include an accuracy verification:
One or more known points (property corner, monument) shall be located with the
GPS and cross-referenced with the existing traditional property survey (metes and
bounds).

include a brief description of the GPS equipment utilized.

1
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM

BACKGROUND INFORMATION

A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):

B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Authorized Agent: Heather Smith, Project Scientist, Ecological Engineering,
LLP 1151 SE Cary Parkway, Ste. 101, Cary, NC 27518
On Behalf Of: Tony Chalk, Town of Garner, 914 7th Ave, Garner, NC 27529

C. DISTRICT OFFICE, FILE NAME, AND NUMBER:

D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:

(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)

State: NC County/parish/borough: Wake City: Garner

Center coordinates of site (lat/long in degree decimal format):
Lat. 35.692593 °N; Long. -78.639338 °W.

Universal Transverse Mercator:

Name of nearest waterbody: Buck Branch

Identify (estimate) amount of waters in the review area:
Non-wetland waters:
75 linear feet: 0 width (ft) and/or acres.

Cowardin Class: N/A

Stream Flow: N/A

Wetlands: N/A acres.

Cowardin Class:

Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-tidal:

2
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):

Office (Desk) Determination. Date:

Field Determination. Date(s):

SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply – checked items should be included in case file and, where
checked and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Soil, USGS, Aerial

Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.

Data sheets prepared by the Corps:

Corps navigable waters’ study:

USGS Geological Survey Hydrologic Atlas:

USGS NHD data

USGS 8 and 12 digit HUC maps

U.S. Geological Survey map(s). Cite scale & quad name: 1:24k Lake Wheeler &
Garner NC Quadrangle

USDA Natural resources Conservation Service Soil Survey.
Citation: 1970 Soil Survey of Wake County, NC Map Sheet 78

National wetlands inventory map(s). Cite name:

State/Local wetland inventory map(s):

FEMA/FIRM maps:

100-year Floodplain Elevation is:
(National Geodetic Vertical Datum of 1929)

Photographs: Aerial (Name & Date): 2013 NCOneMap or
Other (Name & Date):
Previous determination(s). File no. and date of response letter:

Other information (please specify):

3
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party who
requested this preliminary JD is hereby advised of his or her option to request and
obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the
permit applicant or other person who requested this preliminary JD has declined to
exercise the option to obtain an approved JD in this instance and at this time.

2. In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) 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 approved JD for
the activity, the permit applicant is hereby made aware of the following: (1) the permit
applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant
has the option to request an approved JD before accepting the terms and conditions
of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different
special conditions; (3) that 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) that 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 had determined to be necessary; (5) that
undertaking any activity in reliance upon the subject permit authorization without
requesting an approved JD constitutes the applicant’s acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is practicable;
(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 preliminary JD constitutes agreement that all wetlands and other water bodies
on the site affected in any way by that activity are jurisdictional waters of the United
States, and precludes 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 approved or a
preliminary JD, that JD will be processed as soon as is practicable. Further, an
approved JD, 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, and that in any administrative appeal, jurisdictional issues can be
raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes
necessary to make an official determination whether CWA jurisdiction exists over a
site, or to provide an official delineation of jurisdictional waters on the site, the Corps
will provide an approved JD to accomplish that result, as soon as is practicable.

5

Site
No. Feature ID Latitude Longitude Cowardin
Class
Estimated amount of aquatic
resource in study area
Class of aquatic
resource
Stream
Flow
1 Buck Branch 35.692593°N -78.639338 °W R3 75 lf non-section 10 Perennial
Prepared By:
2013 USGS Quadrangle Lake Wheeler
.
0 2,0001,000
1" = 1,000'
USGS Vicinity MapVandora Springs Rd. ImprovementsGarner, NCMay 2017
Figure 1
Legend
Study Area
Prepared By:
1970 NRCS Wake County Soil SurveyMap Sheet 78
.
0 1,000500
1" = 500'
Soils MapVandora Springs Rd. ImprovementsGarner, NCMay 2017
Figure 2
Legend
Study Area
Buck Branch-Perennial StreamSubject to Neuse Riparian Buffer RulesPerennial stream is approximately100' from the study area.
Prepared By:
2013 NC Onemap AerialNCDOT Wake County Contours
.
0 500250
1" = 250'
Ti
m
b
e
r

D
r
.
Jurisdictional Resources MapVandora Springs Rd. ImprovementsGarner, NCMay 2017
Figure 3
Legend
Buck Branch
Study AreaMiriam Ave.Vandora Springs Rd.
Buck Branch-Perennial StreamSubject to Neuse Riparian Buffer Rules
Vandora Springs Rd. Improvement Wake County
Site Photographs

Photo Point 1: Buck Branch
(9-8-2016)
Photo Point 2: Buck Branch
(5-1-2017)