20141292 Ver 2_Signed JD 020614_20190201

Property Owner:
Address:
Telephone Number:
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2013-01631 County: Wake U.S.G.S. Quad: NC-BAYLEAF
NOTIFICATION OF JURISDICTIONAL DETERMINA
Wells Fargo Bank, N.A.
Trustee for M.E. and J.M. Bizzell
150 Fayetteville Street, 7th Floor
Raleigh, North Carolina, 27601
991-881-6173
Size (acres) 14.37
Nearest Waterway Lower Barton Creek
USGS HUC 3020201
Nearest Town Raleigh
River Basin Upper Neuse
Coordinates Latitude: 35.9213
Longitude: -78.7127
FEB 0 6 2014
u -E-n;dronmental Consultants, PA
Location description: The subject property is located on the north side of the intersection of Ray Road and
Chambersbury Road (PIN: 0789501379).
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be 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 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.
_ 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.
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 February 4, 2014. 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
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
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 David Shaeffer at 919-554-4884 X31 or
David.L.Shaeffer(a,usace.army.mil.
C. Basis For Determination: Based on information submitted by the applicant, the site exhibits criteria for
waters of the U.S. as defined in 33 CFR 328.3, the 1987 Wetland Delineation Manual, the Regional Supplement to
the 1987 Manual: Eastern Mountains and Piedmont v2.0, the Rapanos-Carabell Guidance, and Regulatory
Guidance Letter 05-05.
D. Remarks: None.
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 fmd 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 10M 15
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 April 5, 2014.
**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: LL—�
Date: February 4, 2014 Expiration Date: February 4, 2019

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 the attached customer Satisfaction Survey or visit http://pert.nwp.usace.army.mil/survey.html to
complete the survey online.
Copy furnished:
Soil and Environmental Consultants, PA
Steven Ball
8412 Falls of Neuse Road, Suite 104
Raleigh, North Carolina, 27615

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Applicant: Wells Fargo, N.A. File Number: SAW-2013-01631
Date: February 4, 2014
Trustee for M.E. and J.M. Bizzell
Attached is: See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission) 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.arny.mil/inet/funrtions/cw/cecwo/reg or ,
Corps regulations at 33 CFR Part 331.`
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Pen-nit, 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 perinit (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.
13: PROFFERED PEIZMIT: Yoti 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 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.
3�.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT --s;=
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:' Al
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: David L. Shaeffer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
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 any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Shaeffer, 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: [phone]

VICINITY MAP
(NOT TO SCALE)
NOTE: STREAMS AND WETLANDS SHOWN WERE DELINEATED BY SOIL &
ENVIRONMENTAL CONSULTANTS, INC. AND FIELD SURVEYED BY JOHN A.
EDWARDS CO.
STREAM 8 748 LINEAR FT
QT�
795.53'
"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, this
determination of Section 404 jurisdiction may be relied upon foraeri not to exceed
five ears from this date. This determinati t 1 opriate
Regional Supplement to the 1987 Corps of n � ,a on Manual.,
Name: ��� JUL 2.6 2013
Title:
Date: nn RALEIGH REGULATORY
AID: S( -\W - D313— © b3 I FIELD OFFICE
Note: Due to a fence and
property lines, the pond
shown on the property was
unable to be located by
survey. No impacts planned
in this area.
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MARCUS EDWARD BIZZELL III TRUST
WACHOVIA BANK, NA
DS 13948 PG 2452
TOTAL ACREAGE - 14.63 Ac.
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SEE SHEET 2 FOR FLAG NUMBERS AND SHEET 3 FOR COORDINATES
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WETLAND SUMMARY
1661.73'
WETLAND POCKET 1 = 2275 SF 0.052AC
N81'09113'W
WETLAND POCKET 2 = 718 SF (0.017 AC)
LINEAR WETLAND 3 = 310 SF (0.007 AC)
33.31 I
LINEAR WETLAND 4 = 40 SF (0.001 AC)
WETLAND POCKET 5 = 1846 SF (0.042 AC)
/
WETLAND POCKET 6 = 1197 SF (0.028 AC)
,o�e�'
LINEAR WETLAND 7 = 337 SF (0.008 AC)
R/11�1
LINEAR WETLAND 8 = 201 SF (0.005 AC)
1 i
/
WETLAND POCKET 9 = 2133 SF (0.049 AC)
q /
WETLAND POCKET 10 8249 SF (0.189 AC)
/
TOTAL = 17306 SF (0.397 AC)
! ,�,.
STREAM A 1036 LINEAR FT
STREAM 8 748 LINEAR FT
QT�
795.53'
"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, this
determination of Section 404 jurisdiction may be relied upon foraeri not to exceed
five ears from this date. This determinati t 1 opriate
Regional Supplement to the 1987 Corps of n � ,a on Manual.,
Name: ��� JUL 2.6 2013
Title:
Date: nn RALEIGH REGULATORY
AID: S( -\W - D313— © b3 I FIELD OFFICE
Note: Due to a fence and
property lines, the pond
shown on the property was
unable to be located by
survey. No impacts planned
in this area.
N10'15'50'E
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MARCUS EDWARD BIZZELL III TRUST
WACHOVIA BANK, NA
DS 13948 PG 2452
TOTAL ACREAGE - 14.63 Ac.
I
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SEE SHEET 2 FOR FLAG NUMBERS AND SHEET 3 FOR COORDINATES
i
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/ BM1995 PG 1877
/ 388
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\ REFERENCES
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Note: Due to a fence and property lines, the pond shown on
the property was unable to be located by survey. No
impacts planned in this area.
1
LINEAR WETLAND 3
0
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/ 448 % —4z6 16 427 430 , 433 LINEAR WETLAND 7
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/ 447 / . , 429 435
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JUL 2.6 2013
RALEIGH REGULATORY
ELD OFFICE
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MARCUS EDWARD BIZZELL III TRUST
62 /
,EL479 WACHOVIA BANK, NA
i1T 76s 69 n �' / D@ 13948 PG 2452
xy`'8Q TOTAL ACREAGE = 14.63 Ac.
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