20190109 Ver 1_B5326PJD_20190124

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-01348
County: Wake U.S
NOTIFICATION OF JURISDICTIONAL DETERMINATI
Property Owner:
Address:
Telephone Number:
NC Department of Transportation
Gresory Thorpe
1598 Mail Service Center
Raleigh�NC, 27699-1598
919.707.6111 (Jason Dilday)
����� �/ ��
'Ju� ;�:� �a��
Quad: NC-GARNER
;(ON Or k{�al���,�A�S
o� �A�ru�� f�v�F
Size (acres) N/A Nearest Town Garner
Nearest Waterwa� Whiteoak Creek River Basin Upper Neuse. North Carolina.
USGS HUC 03020201 Coordinates Latitude: 35.6717; Longitude: -78.5486
, Location description: Studv area for B-5326; Bridge No. 247 over White Oak Creek, on SR 2555, Ravnor Road,
southeast of Garner, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on prelinunary information, there may be waters of the U.S. including wetlands on the above described project area.
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 Coips. This prelinunary
determination is not an appealable action under the Regulatoiy 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 Coips dish�ict
for further instruction. Also, you may provide new information for fiu•ther consideration by the Corps to reevaluate the
JD.
B. Approved Determination
_ 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 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 fi•om the date of
this notification.
_ There are waters of flie U.S. including wetlands on the above described project area subject to the peimit 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 deterniination may be relied upon for a period not to exceed five years fi•om the date of this notification.
We sri�ongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and/or our present workload, the Coips may not be able to accomplish this wetland delineation in a
timely mamier. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation mi►st be verified by the Coips.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Coips. We strongly suggest you have this delineation suiveyed. Upon completion, this suivey should be
reviewed and verified by the Coips. Once verified, this survey will provide an acctu�ate depiction of all areas subject to
CWA jurisdiction on yoin• property which, provided tliere is no change in the law or our published regulations, may be
relied upon fot• a period not to exceed five years.
The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Coips Regulatory Official identitled 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 fi�om 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 determivation may be relied upon for a period not to exceed five years fi�om the date of this
notification.
Page 1 of 2

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 Coips regulatory program, please contact Eric Alsmever at 919-554-4884 x23 or
Eric.C.Alsmeverna,usace.army.mil.
C. Basis For Determination: The project study area contains stream channels of White Oak Creek and an
unnamed tributary, with indicators of ordinary high water marks, and abutting wetlands. White Oak Creek is a
tributary of Swift Creek and the Neuse River. Tlie Neuse River is a Section 10 Navigable Water.
"Jurisdictional Resources, TIP Project B-5326", received by the Corps on 5/16/2013, generally depicts the jurisdictional
waters of the US within the subject study area.
E. Attention USDA Program Participants
This delineation/determination has been couducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineatioi�/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
Conseivation 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.**
�
Corps Regulatory Official:
Date: Julv 25, 2013 Expiration Date: Julv 25, 2018
The Wilnzington District is conanzitted zo providing tl�e highest level of support to the public. To help tis• ensu�•e we co��ti�2ue to
�lo so, please complete the attacl7ed customer Satisfuczio�a Sau�vey or visit http://��er2.���tilzusccce.urrit��.�r�il/seirvev.htnzl to
con2plete tlze stirvey online.

NOTIFICA`I'ION ON ADMINiSTRATIVE APPEAL OPTIONS ANll PROCESS AND
RLQCIEST FOR Al'1'EAL
Applicant: NC Departmenl� of Tr:�nsportation Pile Nuulber: SAW-2013-01348 Date: July 25, 2013
Gre ory Tho►•pe
Attached is: See Section below
❑ INITIAL PROFT�RED PERMIT (Standard Periuit or Letter of permissioii) A
❑ PROFFER�D PERMI"I' (Standard Permit or Letter oF erinissio�l) B
❑ PLRMI"I' D�NIAL C
❑ APPROVED JURISDICTIONAL D�TLRMINA'1'ION D
� PRELIMINARY JURISDICTIONAL D�TLRMINATION �
SECTION I- The following identifies your rights and options regardii7g aii administrative appeal of the above decision.
Additional information nzay be found at l�ttp://www.�isace.army.�nil/inet/ti�nctions/cw/cecwo/reg or
. , l��iei�s-�r �� rFu �ar-�-33-1.
A: INITIAL PROFTERED PERMIT: You may accept or object to the permit.
e P_CCEPT: If you received a Standard Permit, you may sibi7 the permit docnment and return it to the district en�i�leer for final
autliorization. If yoli received a Letter of Permissioii (LOP), you may accept the LOP aud your work is authorized. Your
signat��re ou the Sta�ldard Permit oi• acceptance of the LOP meai7s that you accept the permit in its entirety, and waive all
rigllts to appeal the peru�it, including its terills and conditions, and approved jlirisdictional deternlinations associated with tlle
permit.
• OBJECT: If you object to the pernlit (Standard or LOP) because of certai�z terius and conditious thereiu, you may rec�uest
that tl�e permit be inodif ed accordingly. You must complete Section II of this form and return the fornl to the district
engineer. Yo�u� objections must be received by the dish�ict engineer witl�in 60 days of the date o�Cthis notice, or you will
forfeit yotit� right to appeal the permit in t11e future. Upou receipt of your letter, tl�e district engineer will evaltiate your
objections anci may: (a) inodify the permit to address all of your concerns, (b) modify the permit to address sou�e of your
objections, or (c) not modify tlle permit having deterluined tl�at the permit should be iss�ied as previol�sly written. After
evaluating your objections, the disCrict engii�eer will send you a proffered pern�it for your recoilsideration, as indicatecl in
Sectio�7 B below.
B: YIZOFFF,RED PERMIT: You may accept or appeal the permit
• ACCLPT: If yoii i-eceived a Stanclarcl Pei-init, yoii may sign tl�e permit document and returu it to the district engineer for fina]
autl�orization. If you received a Letter oF Pern�issioi� (LOP), yoli may accept the LOP and your work is authorizeci. Your
signahu�e oi1 the Standard Permit or acceptance of the LOP meaus that you accept the peril�it in its entirety, and waive all
rights to appeal the permit, including its teruls aiid coilditions, and a�proved jl�risdictional detei7ninatioils associated with the
pern�it.
• APPEAL: If you choose to decline the �roffered peru�it (Standard or LOP) because of certain terms and conditions tlierein,
you may appeal the decliued pei-mit under tl�e Gorps of �ngineers Adminisri•ative Appeal Process by completing Section II of
this form and seudiug the form to the division eugineer. This form nnist be received by the divisiotl engineer within 60 days
of tlle date of t11is 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 tllis form a�ld sendii�g the i'oru� to the division etlgineer. This forin u1��st be received by tlie clivision
engineer within 60 days oi'tlle date of tllis notice.
D: APPROVED JURISDICTIONAL DETERMINATION: Yoti may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept a» approved JD. F'ailure to notify t�he Coips within 60 days of the
date of this notice, means tllat you accept tl�e approved Jll in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, yo�i may appeal the approved JD �incler Cl�e Co�ps of Engineers
Adminisri�ative Appeal Process by comple�ii�g Section II of t�his Corm and sendin� the form to Che dish�ict engineer. This Fonn
nnist be received by the divisio�� engineer wit�hin 60 days of the date of this notice.
E: PRELIMINARY .�URISDICTIONAL DI,1'1�RMWA1'ION: You do not need to respond to tl�e Coips regarding the
prelinlina�y JD. The Prelimii�ary JD is not appealable. If you wisll, you may request au approved JD (which �11ay be appealed),
vy COl1iclCtlll�T i�]e COl'}�S C�1SC1'1Ct t01' fUCT�l�I' II1SlPLlCl1011. AISO y011 117aj� ]JI'OV1C�� IleW 111f01'll]at1011 f01' fLll'f1101' COI1SlC�E1'at1011 by tlle
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECI IONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered pernlit in clear coucise statements. You may attach additional infonnation to this fonn 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 detet�nined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new inforniation or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
PO1NT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
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 Regulato►y Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Eric Alsmeyer CESAD-PDO
US.Army Corps oi� Engineers, Wilmington District U.S. Ai7ny 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: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Coips of Engineers persomlel, 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 opporh�nity to participate in all site investi¢ati�n�
Date: I Telephone number:
of appellant or
For appeals on Initial Profi�ered Permits send this f'orm to:
District Engineer, Wilmington Regul�tory 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, Comm�nder, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

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Figure 3: Jurisdictional Resources
TIP Project B-5326
Replacement of Br�dge \0 247 on SR ?�55
(Raynor Road) over Wh�tc Oak Creek
Wake Counh-
Feet
0 75 150 300
�f�w-�o�3 �ol3y$

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY '
JURISDICTIONAL DETERMINATION (JD): �/� �/�Q�3
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Jason Dilday, NCDOT,
1598 Mail Service Center
Raleigh, NC 27699-1598 ��������h
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESA�Q - -
/�GDor.B•53a6_sR�sSs_�ynuw{�oal_BI2�v7> 5,4.1.�-�-t7►3-DI3��
D. PROJECT LOCATION(S) AND BACKGROUND I ION:
TIP: B-5326 Desciption:Replacement ofBridge 247 over White Oak Creek on
SR2555 (Raynor Rd.)
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:North Carolina County/parish/borough: Wake City: Garner
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.6717° N, Long. - 78.5486°W, Universal Transverse Mercator:
Name of nearest waterbody: White Oak Creek
Identify (estimate) amount of waters in the review area:
Non-wetland waters: 475 linear feet: 1-20 width (ft) and/or acres.
Cowardin Class: Riverine
Stream Flow: Perennial
Wetlands: 0.28acres.Pa�us-h^�
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
�' Office (Desk) Determination. Date: %��6/��3
❑ Field Determination. Date(s):
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
0 owing: 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 has 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 JD 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 cnntained 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.
This preliminary JD finds that there "may be"waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
f►a

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: NC DOT.
� Data sheets prepared/submitted by or on behalf of the
ap licant/consuitant.
� Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Cor s:
Corps navigable waters' study: .
❑ U.S. Geological Survey Hydrologic Atl�s: .
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:1:24,000 :Garner
USDA Natural Resources Conservation Service Soil Survey. Citation: (,�jtl ,Soi%.S�rvy
National wetlands inventory map(s). Cite name: �'S' .
❑ State/Local wetland inventory map(s): .
❑ FEMA/FIRM maps: .
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
� Photographs: � Aerial (Name & Date):Wake sid 2010.
or ❑ Other (Name & Date): .
❑ Previous determination(s). File no. and date of response letter: .
❑ Other information (please specify): NCDWQ Wetland Rating Sheet.
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified bv the Corps and should not be relied upon for
later jurisdictional determinations.
� C 7 a� �l 3
Signature a ate of
Regulatory Project Manager
(REQUIRED)
�Tso� �;��la� 5/16/2013
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

J �
Site Latitude Longitude
number
�1�IA 35.6726
White Oak 35.6717
Creek
-78.54919N
- 78.54869/V
SA 35.6726`N - 78.5490�IV
iV - 9/V
Y�l - �/1/
`N - `W
�J - �/1/
`N - �/1/
�1 - 9/1/
9� - �/V
`N - �/1/
`N - �/U
Estimated
Cowardin amount of
Class aquatic
resource in
review area
Riverine 0.28 acre(s)
Riverine 250 feet
Class of aquatic
resource
nonsection 10 wetland
nonsection 10 nonwetland
acre(s) section 10 - tidal
acre(s) section 10 - tidal
acre(s) section 10 - tidal
acre(s) section 10 - tidal
acre(s) section 10 - tidal
acre(s) section 10 - tidal
acre(s) section 10 - tidal
acre(s) section 10 - tidal
acre(s) section 10 - tidal
0