20190090 Ver 1_NCDOT_U-5827_Louis Stephens Drive Extension_PJD_20190118

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-01171 County: Wake U.S.G.S. Quad: Green Level
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant: North Carolina Deuartment of Transportation
Philiu Harris III
Address: 1598 Mail Service Center
Raleigh, NC, 27699
Telephone Number: 919-707-6152 (Chris Rivenbark)
Size (acres) 5 Nearest Town Morrisville Nearest Waterway UT Kit Creek
River Basin Cape Fear USGS HUC 03030002 Coordinates: Latitude: 35.843127; Longitude: -78.875819
Location description: TIP U-5827; Extension of Louis Stephens Drive, SR 1632 , from south of Little Drive, to Grav Marble
Drive, in Morrisville, NC
Indicate Which of the Followin� Apqlv:
A. Preliminary Determination
X There are wetlands on the above described project area, that may be 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). The wetlands have been delineated, and
the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefare this preliminary jurisdiction
determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of
computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made
on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on
the site as if they are jurisdictional waters of the U. S. This preliminary deternunation 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.
B. Approved Determination
_ There are wetlands 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 recommend you have the wetlands on your project area delineated. As the Corps may not be able to accomplish this wetland delineation
in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
The wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to
have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will
provide an accurate depiction of all areas subject to CWA and/or RHA 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 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.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or wark within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Eric Alsmever at [phone] X 23 or
Eric.C.Alsmever(a� usace.armv.mil.
Page 1 of 2

SAW-2017-01171
C. Basis For Determination: The project study area contains jurisdictional waters of the US, wetlands, associated with
UT's to Kit Creek. Kit Creek is a tributary of Northeast Creek and Jordan Lake. Jordan Lake is a Traditional Navigable Water.
D. Remarks: This JD was confirmed by feld inspection on 1/27/2016. The drawings on the attached "NCDOT U-5827
Louis Stephens Drive (SR 1632) Extension Wetland B Boundary Map", dated January 2016, and "NCDOT U-5827
Louis Stephens Drive (SR 1632) Extension Wetland C Boundary Map", dated December 2015, generally depict the approximate
boundaries and locations of potential jurisdictional waters of the US within the subject study area.
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.
**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 signeE by WICNERHENRY.MJR.121981826)
WICKER.HENRY.MJR.1229818267 °�'w��KEA.„ENAr.M;R;,z;a,a�b°°°°°-'"'°°-°�"
Corps Regulatory Official: o=�e:��,�.o�=•�a�339 ���
Date: Julv 20, 2017 Expiration Date: 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://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.
Copy Furnished (by e-mail):
Falcon Engineering Inc.
Chris Burkhardt
1210 Trinitv Road
Suite 110
Raleigh, NC, 27607

SAW-2017-01171
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A licant: Philip Harris T[i; NCDOT File Number: SAW-2017-01171 Date: Jul 20 2017
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A
❑ PROFFERED PERMIT Standard Permit or Letter of ermission 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://www.usace.army.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.aspx or
Co s re ulations 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 wark 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 ar 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 entirery, 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 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.

SAW-2017-01171
SECTION II - 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 recard.)
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 locarion of information that is already in the administrarive
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
Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15
Wake Forest, NC 27587 Atlanta, Georgia 30303-8801
Phone: [phone]
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 an site investi ation, and will have the o ortunit to artici ate in all site investi ations.
Date: Telephone number:
Si nature of a ellant or a ent.
District Engineer, Wilmington Regulatory Division, Eric Alsmeyer, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587