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HomeMy WebLinkAbout20190082 Ver 1_USACE Signed JD PLAT_20190115COPY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-02552 County: Durham U.S.G.S. Quad: NC -SOUTHWEST DURHAM NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Trian Ie Service Center Inc Address: Post Office Box 12255 _Research Triangle Park, NC, 27713 Telephone: 119.549.8181 Size (acres) 96+33 Nearest Town Durham Nearest Waterway Burdens Creek River Basin Haw USGS HUC 03030002 Coordinates Latitude: 35.893 Longitude: -78.8683 Location description: 40.3 acres at 400 Park Office Dr Durham NC Durham County, between .1-40 East Davis Drive and NC Hiahway 54 in Durham. Additional offsite utility easement is Iocated in the area bound by I-540 US Mwy 54 Hopson Road and Davis Dr. Indicate Which of the Following Applv: A. Preliminary Determination Based on preliminary information, there may be waters of the U.S. including 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). 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. B. 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. including wetlands on the above described property 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 waters of the U.S. including 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. including wetlands 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.(Offsite utility corridor) X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 3/15/2016. 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. (Park Center) There are no waters of the U.S., to include wetlands, present on the above described project area 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. Page 1 of 2 SAW -2015-02552 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 Eric Alsmeyer at 919-55448$4 x23 or Eric _C..Alsmeyer„ktisace.army.tnil. C. Basis For Determination: The project property, and the offsite utility corridor, contain jurisdictional waters of the US, tributaries with ordinary high water marks, Burdens Creek and unnamed tributaries, and abutting wetlands (in utility corridor). Burdens Creek is a tributary of Northeast Creek, and Jordan Lake, a Traditional Navigable Water. D. Remarks: This JD was confirmed by field inspection on 5/7/2014 (Park Center), and desktop review on 3/15/2016 (offsite utility corridor). The drawings on the attached Sheets 1 through 8 of 8, "Research Triangle Park Center, Wetland Delineation Map", dated 2014-05-22, and Figure 3, "RTF Park Center — Phase I, Stream and Wetland Delineation Exhibit, undated — submitted on 11/24/2015, accurately depict the boundaries and locations of jurisdictional waters of the US within the property and utility corridor. There are no wetlands within the Park Center property. E. 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 delineation/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. F. 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: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 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 5113/2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: /5 Date: March 15, 2016 Expiration Date: March 15 2011 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 athU://regulatory.usacesurvey conA. Copy furnished: Agent: The John R. McAdams „Com pany Kevin Yates Address: 2905 Meridian Parkway Durham, NC, 27713 CATION OF ADMINIST lCW APPEAL OPTIONS A. - RL Qu EST ICOR APPEAL. A licant: Trian Ie Service Center Laic File Number: SAW -2015-02552 Date: March 15, 2016 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission)A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The fol ]owing identifies your rights and options regarding an adsninistrative appeal of the above decision. Additional information may be found at htt ://ww�v.usace.arm .mil/Missibi!sICivi)Works/Tie ulato Pi -o zrama:rdPermits.as x or Cors regulations at 33 CFR Part 33 IL 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 pen -nit (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 pen -nit to address some of your objections, or (c) not modify the permit having determined that the pen -nit 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 terns 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 forin 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 11- 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 Attn: Eric Alsmeyer CESAD-PDO US Army Corps of Engineers, Wilmington District U.S. Army Corps of Engineers, South Atlantic Division Raleigh Regulatory Field Office 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, NC 27587 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 opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Eric Alsmeyer, 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 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 + SUBJECT PROPERTYVVD �. vvc WA ' r.A �+ �' c w _ SA y� - S8 WE WF. ; 1 WG SH SE SG r $F V/L p r-AfCEV WJ LEGEND - ii ri• � '1 . n l�t 1 ' 4� C �-: [nom j; �� �. • .:�,`: � t � . I' O APPROXIMATE WETLAND LOCATION Jill APPROXIMATE STREAM LOCATION S i PROJECT SITE •a' 0-raAnaly"sis!`iVC 1. RTF PARK CENTER PHASE I FIGURE 3. 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