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HomeMy WebLinkAbout20190299 Ver 1_SAW201700235_20190306U.S. ARMY CORPS OF ENGINEERS ���� WILMINGTON DISTRICT Action Id. SAW-2017-00235 County: W�ke U.S.G.S. Qaad: NC-NEW HILL NUTIFICATION OF .TURISDICTIONAL DETERMINATION Property UwnerlA�splicant: Parkside Development Groun. LLC Brad Zadell Address: P.O. Box 1438 A cx NC 275a2 Tele�hone Number: 919-427-7106 Size (acres) 202 NearesE Town Anex Nearest Waterway Little Be$ver Creek River Basin Cane I�'ear USGS HUC Q303QOOZ Coardinates Latitude: 35.6973128iZ8681 Longitude: -78.9214847929I91 LocAtion description: The nroiect area for lhis annrovec! JD is a�nroximutelv 2 acres consisting solelv of A �ond in i�iQh �round identiticd on the attttehed man entitled "Preliminury DelineAtion resu[ts �[i�e Farm Road Parcels" dated No�ember 2016. Indic�te Which af the Followin A I: A. Preliminary Determination _ There are waters, including wet]ands, on the above described project �'ea, that may be subject to Section A04 of the Cleun Water Act {CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) {33 USC § 403}. The waters, i�cluding wetlands, have been delineated, and the delineution has been verified by the Carps to be s�fficiently accurate and reliable. Therefore this preliminary jurisdictian determination may be used in the perrttit evaluation process, including deterinining compensatory mitigation. Far purposes of camputation of impacts, compensatory mitigatian requirements, and other resource protection measures, a permit decision made on the basis of a preliminary 7D will treaE aIl waters and wedands tnat would be affecteci in any way by the permitted activity on the site as if they arc jurisdictianal waters of the U.S. Ti�is pretiminary determination is nat an appealable action under the Regulatory Program Ad�ninislrative Appeal Process {Reference 33 CFR Part 331}. Ho�vever, you may request an approved JD, which is an appealable action, by contActing the Corps district for further instruction. _ There are wetlands on the above described properiy, that may be subject to Seclion 404 ofthe CIean Wafer Act (CWA)(33 U5C § 13A4) and/or 5ection 10 oFthe Rivers and Harbors Act (RHA) {33 USC §�403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluflEion process. Without a �erified wetland delineatian, this preliminary determination is merely an effective presumption of CWAIRHA jurisdiction over all of the watsrs, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recornmend that yon have the waters of the U.S. on your property delineated. As the Corps may not 6e able to accomplish this wetland delineation in a timely manner, you rnay wish to obtain a consultant ta conduct a delineation that can be verifted by the Corps. B. Approved Deterrnin�tion _ TE�►ere are Na�igable Waters ofthe United States within tne above described property subject to the permit requirements af Section !0 oithe Rivers and Harbors Act {RHA) {33 USC § 403) and SecEion 404 of the C�ean Water AcE (CWA}(33 USC § 1344). Unless there is a change in law or aur published regulations, this determination tnay be relied upon for a period nat to exceed five years firam the date ofthis notificakion. _ There are waters of ihe U.S., inclufling wetlands, on the above described project area su6ject to the permit requirements of Section 404 af 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 upan for a period not ta exceed fi�e years from the date of this natification. Page 1 of 2 SA�V-2017-Q0�5 We recommend you have the waters of the U.S. on your property delineated. As the Cnrps may not be able to accornplish this wetland delinestion in a timely manner, you may wislti to abtain a consultant to condact a delineation that can be verified by the Carps. The waters of the U.S., including wetlartds, on your project area have been delineated and the delineation h�s been verified by the Corps. If you wish to have the deiineation surveyed, the Corps can review and verify the survey upon completion. Once �erified, this survey will provide an accurate depiction of ail fu'eas subject to CWA and/ar RHA jurisdiction on your property which, grovided there is no change in the law or our published regulations, may be reIied �pon for a periad not to exceed five years. The waters of the U.S., incIuding wetFands, have bsen delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified beIow on . UnIess there is a change in the law or our published regulations, this determination may be relied upan for a period not io exceed fi�e years from the date af this natification. X There arc no waters of the U.S., to inciude wetlands, present on the above described nroiect grea which are suhject to the permit requirements af Section 404 of the CIean Water Act (33 U5C I344). Unless there is a change in the law or aur pnblished regulations, this deterrninatian may be relied u�an for a period not to exceed five years from the date of this notification. _ The property is located in one of the 2D Coastal Caunties subject to regulation under the Coastai Area Mar�agemenc Act (CAMA}. You shouId contact the Division of Coastal Management in Marehead City, NC, at (252} 808-2808 to determine their requirements. Placement of dred�ed or fill material within waters of the US, including wetlands, witho�E a Department of the Army permit may constitute a violation of 5ection 301 of the Clean Water Act (33 L1SC § 13I 1). PIacement of dredged or fil! material, construction or placement of struch►res, or work within navigable waters of the United States without tt Departrnent 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 4Q3). IPyou h�ve any questions regarding this determinntion and/or the Corps regulatory program, please contact dames Lastinaer af [9E9) 554-48$4 ar James.C.LastineerC�a usace.armv.mil. C. Basis For Determination: See the Attached annroved iurisdictional determination farm. D. Remarks: E. AttenNon USDA Progr�m Par�icipants This delineatian/determi�ation has been conducted to identify the iimits of Corps' Clean Water Act jurisdiction for the �articular site identified in this request. The delineation/determination may not be valid for the wetIand canservation pravisions ofthe Food Security Act of 1985. If you or your tenant are USDA Program participanls, or anticipate participatian in USDA programs, yau shauId request a certified wetland determination &om the local office of tha Natural Resources Conservation 5ervice, prior to starting wark. F. Appeals Information (This informs�tion upplies only to �pproved jurisdickinnal determinations as indicated in B. above) This correspondence canstitutes an approved jurisdictional determination for the above described site. If you object to this determination, yau may request an administrative appeal under Corps regulations at 33 CFR Part 33 L Enclosed you will ftnd a Noti�cation of Appeal Process (NAP) fact sheet and request for appeal (ItFA) form. If you request to appeal this determination you must submit a completed RFA form ta the following address: US Army Carps of Engineers Sauth Atlantic Division A4tn: dason Steele, Review Qfficsr 60 Forsyth Street SW, Room 1pM15 Atlanta, Georgia 3Q303-8801 In order for an RFA to be accepted by the Corps, the Corps must determina that it is complete, that it meets the criteria far 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 recei�ed aE the Above address by April 7, 20I6. **It is noi necessary to submit an RFA form to the Divis�n Office if yau do not object to the determination in this car�espondence.** A .. • Corps Regulatory sAw-za»-aoz�s Date: �ebraary '1. 2017 Expiration Date: February 7. 2422 The Wilr�ington District is committed to providing the highest level of support to the public. To help us ensure w� continue to do so, please complete our Customer Satisfaction Survey, located online at htlp://corpsmapu.usace.armv.miVcFn apex/#`?p=136:4:0. Copy Furnished: Envirooment�el Services Inc. Attn: Jeff Harbour 490] Trademark Drive Ralei h �IC 27610 APPItOVED Ji3RISflICTIOIYAL DET�RMINATldN FORM U.S. Army Corps of Enginecrs "Chis form should be campleted by follo�ving the instructions provided in Section IV of the JD Form Instructional Guidebaok. SECTION I: BACKGROUND INF'ORMATION A. REPORT COM�LEi'IOT[ DATE FOR API'ROVED JURISDIC'�IONAL DETERMINAi'ION (JD): Februury 8, 2017 B. DISTRiCT OFFIC�, E'ILE NAME, AND NifMBER: Wilming4on bistrict, Olive Farmlresidentittl develagmcntlHumie Olive RdJApexlVVnke County, SAW-2017-00235 C. PROSECT LOCATION AND BACKGROUND INFORMA'�'IUN: The nroiect area far this Apnrnvec!_JD is annroximatelv 2 flcres consisiine solclv of u nond_in hieh eround State: I�iorth Carolina County/parishlborough:lVnke City: Apex Center coordinates af sitc (IaUlong in degree decimul format): Lat. 35.6973128128681°N, Long. -78.9ZIA847929191° W Universal Transverse Mercator: 17 G88U58.15 3952367.76 I�iame of nearest waterirody: Little Beaver Creck Name of nettrest 'Craditional Navigable Water (1N W} into which thc uqautic resource flows: Namc of watershed or Hydrolagic Unit Code {HiJC}: HA►v, 0303000Z � Check if tnap/diagram of review area and/or potential �ur�sdictional arcas is/arc availahle upon request. ❑ Check if other siles (e.g., offsile mitigulion sites, dispvsal sites, etc... ) nre Associated tivith this action and are recorded on a different 1D form: D. REVIEW PERFORM�D �'OR SITC EVALUATIO�[ (CHECK ALL THA'T APPLY): ❑ Offico {Desk) Determination. Date: � Ficld Daterminatian. Date(s): Novembcr 1S, 2016 SEC'C10W II: SUMMARY OF FINDE�VGS A. RHA SECTION IU DETERMINA'FION OF JURiSDICTIOI�I. There Ar�- e o"naviga6le ivalers oj1l�e U.S." within Rivers and Harbors Act (RHA) jurisdicEion (us defined by 33 CFR pnrt 329) in the review area. [RequiredJ ❑ Waters subject ta the eb6 and tlow af thc tide. ❑ Waters arc presently used, ar have been used in the past, or muy bc s�sceptible i'or use tn transport interstAte or foreign commercc. Explain: B. CWA SECTION 404 DE'FERMINATION O�' JUR[SDICTION. There Are nn "waters oflhe i1,S," within Clcan Water ACt (CWA) jurisdiction (as defined by 33 CFR part 328) in thc review area jRequiredJ 1. Wnters of the U.S. a. Indicatc presence of waters of U.S. in review nrea (check al! thut uppty):' ❑ TTfWs, including territoria! seas ❑ Wetlands adjncent ta TNWs ❑ Relatively permunent waters� (Ii�Ws) that Ilow direcdy or indirect[y inta TNWs ❑ Non-RPWs that flaw directly ar indirectly into TNWs ❑ Wetlands directly abuttin� RPWs that flow directly or indirectly into TNWs ❑ Wetlands a,djacent to but not directly abuttin� FiPWs thst paw directly ar indirectiy into TT1Ws ❑ Wetlands adjacent ta non-RAWs thst flow directly vr indirectly into TN Ws ❑ Impaundments of jurisdictionnl wnters ❑]solated (interstute or introistate) waters, including isolated wet[ands b. Identify (estirnate) size ntwAters of the U.S. in thc revie►v areA: Non-wetland ti+�aters: linear feet, wide, undlor ncrc�. Wetl�nds: acres_ c. Limits {boundAries) of jurisdiction based on: Pick Lis# Elevetion of established OI-I WM (if known): 2. Nan-regul�ted wuterslwcflAnds (check ifupplicable):� � Patenti�Jly juriSdictiona! �vaters nnd/ar wetlands were assessed withir� t6e revic►v area and detcrmined to 6e nnt jurisdictional. Expl�in: One pond wus evnluated tivithin the review uren. It wAs determincd to be dug entirely within upinnds with no connection to dawnstrenm wuters, nnd therefore not considered to he jurisdictiannl. SECTION III: CNA A�YALYSIS A. T1�TVVs AND WETLANDS ADJACE�iT TO TNWs � Baxes checiced beiow sball be suppoAed by com�leting the apprapriule sectians in Sectian !11 below. = For purposes oE'this form, s+n RPW is def ned as u tri6utary that is nat a TT!W and thut typically flows yenr-round or hus canli�uaus �low at least "scusonnlly" (e.g., rypic�lly 3 months}. ' Snpporting dacumentation is presenled in Seclion IIl.F. �� T'he agencies will nsscrt iurisdiction avcr TNWs and �vctlands ndjAccnt to'f'NtVs. If thc aquntic resource is u TN1V, cnmplete Scction IEI.A.1 nnd 5ection lILD.1. only; if thc aquatic resource is n vvetlAnd adjacent to � TNVV, complete Sect�ons II1.A.1 un�i 2 und Sectian III,D.1.; athcrwise, see Sectton I1I.13 below. 1. Tl�[W Identify TNW: Summurizc rationale supporting determination: 2. �Vctlnnd adjacent to TMV Summurize rationalc supporting conclusion that �vctlsind is "adjacent": B. CHARACTERIS'TICS OF TRIBUTARY ('I'HAT IS NOT A TNW) ANQ fTS ADJACEi�T VVETLANDS (IF ANY): This section samm�rizes informutinn regurding chnrncteristics af the fributury nnd its ssdjacent rvetlnnds, if uny, nnd it helps determinc whether or not the stnndards for jurisdiction cst�blished undcr Rapanos have bcen met. The ngencies will assert jurisdiction ovcr non-navigable triE�utaries of TNWs where the tributnries nre "relntively permAnent wuters" (RPWs}, i.e. tributaries that typic�lly flaw yc�r-round or hnve continuous fiaw nt Ienst seasonnlly (e.g., typicaliy 3 manths). A wetland th�t directly uhuts an RPW is nlso jurisdictionul. If tFse aquatic �eso�rce is nat n TNW, but hns year-round {perenniul) flaw, skip to Sectian III.D.2. If the nquatic resource is n wetlund directly abutting � tribatury �vith perenninf 11o►v, skip to Scction III.D.4. A wetlnnd thAt is Adjucent to but thAt does not ciirectly nbut an RP�V requires a significnnt nexus evnluntion. Corps districts nnd EPA regions will include in the record Any availnble informntion thut dacuments the existence of u signifcant nexus between � rclativc[y permunent tributnry thAt is not perenniul (and its Adjnccnt tivetlnnds if uny) nnd u trudition�l na�ignble wnter, even thaugh a significunt nexus �nding is not required as u mttttcr of luw. 1f the waterbody� is nat un RPW, or p wetInnd directly ahntting nn RPW, n JD will rcq�sire Additianal datn to dctcrmine if the wAferbady has a significant nexus with a TNW. If Ehe tributnry hAs ndjtt�ent wetlands, the significant nexus cvaluation must consider tf�e tributary in combination with all uf its adjacent rvetlunds. Tfsis signifcant nexus evnluntion thAt comhines, for nnnlyticAl purposes, the tributary and all af its udjAcent wetlonds is used whcther thc review ureA identified in the JD request is the tributary, or its adjucent wetlunds, or both.lf the dD covers a tribut�ry with adjacent wetla�ds, coinplete Sectian III.B.I for the tributAry, Section III.B.Z for uny onsite wetlunds, und Section III.B.3 for nl[ �vetlnncis Ad}ucent to thaE tri6utary, huth onsite and offsite. The determinAtion wHether n significAnt nexus exists is determined in Secteon I11.0 below. I. ChAr�cteristics of non-THWs that tlow directly or indirectiy into TNW {i) General Area Conditians: WAtershed sizc: I'ick Llst Drainage ureu: Pick List Averagc annuaZ rainfall: inches Average annuai snowfsill: inches {ii) Physical Churacteristics: (u) Rc[ationship with TNW: ❑ Tributtuy flaws directEy into TT1W. ❑ Tributary �lows thraugh PickFLis uibutnries befvre ente�ing TN W. Project waters are Pic�L t rivcr miles from TNW, Project watcrs are Pick..List river miles from R.PW. Project waters are pick L,is� acria! (straight) miles fram 'INW. Praject watars are Pick Lis� aerisl (straight) miles from RPW. P%�ect waters cross or serve as stete boundaries. Explain: Identify tlow route to'CNWs: Tributfuy strenm arder, if knawn: (b) General 'Fributary CE�aracteristics fcheck al1 that unaivl: Tri6utary is: ❑ Natural ❑ Art9fcial (man-made). CxplAin: `Nate that the Enstructioaal Guidehook contains additionAl infurmation regarding swales, ditches, wushes, nnd erasianal feat�res generally und in Ihe urid West. s Flow route can ht described by identifying, e.g., tributary u, which flows Ihrough the review tuea, ta flow in�a tributgry 6, which then ilows into'INW. -3- ❑ Manipulnted (man-altered). �xpinin: Tributnry properties with respect to to� of bank (estimnte): Avemge width: feet Average depth: fect A�erugc side slopes: P1ck List. Primtuy tributary substrate campasition (check al! that apply): ❑ Sills ❑ Sands ❑ CancreEe ❑ Ca6bles ❑ Grnvcl ❑ Muck ❑ Bedrock ❑ Vegetation. 'TypcJ% cover: ❑ Other. Explain: TributFuy candition/stabifity [e.g., highly eroding, slougBing banks]. Expinin: Prescnca of run/rifflelpoa� camplexes. Explain: 'Cributary gcometry: Pick�List Tributary grudient (approximate avernge slope): % (c) Flow: Tributary prov9des fo�: Pick List Estimate average number of flo�v cvents in revie►w area/year: Pick List Describe �ow cegime: Other inform�tion on duratian and volume: 5urface flow is: Pick ist. Charactcristics: Subsurfuce fiow: Pic—' List. Expluin findings: ❑ Dye (or ather) test perforrr�ed; T�ibut�y has (check all that apply): ❑ Bed and banlcs ❑ OHWM6 (check all indicalors that apply): ❑ clear, �ukura] line impressed on the bank ❑ changes in the character of soil ❑ shc�ving ❑ vegetation maricd down, bent, or absent ❑ ieaf litter disturbed or wushed aw�y ❑ sediment deposition ❑ waEer stAining ❑ vttier (list): ❑ Discontir�uaus OHWM.' Explain: ❑ the presence of litler und debris ❑ destruction of terrestrial vegetatian ❑ the presencc of wrack linc ❑ sediment sorting ❑ scour ❑ multiple obscrved or predicted flow events ❑ abrupt change in plant community If fnetors other thnn thc OHWM were used to determine iateral extent of CWA jurisdiction (check all that epply): ❑ Higi� Tide Line indicated by: ❑ Mcun High Water Mark inclicated by: ❑ oil or scum line ulong shore objects ❑ survey to nvailahle datum; ❑ tine shell or debris deposifs (%reshore) ❑ physicai marki�gs; ❑ physical marki�gs/churacteristi¢s ❑ ve�etation lirteslchanges in vegetation types. ❑ tidal gau�es ❑ other {list): (iii) Chemicnl Charbcteristics: Chfsracierize trihutary (e.g., water color is clear, discolvred, vily film; wnter quAlity; general wtttcrshed churacteristics, etc.). Exp[Ain: Identify specific pollutants, iflcnown: {iv} Biological Churacteristics. Chunnel snpports (check nll thnt apply): ❑ Riparian carridor. Churacteristics (rypc, avcrnge width): ❑ Wetl�d fringe. Characteristi¢s: ❑ Hab9tat far: ❑ Federnily Listed species. Explain �ndings: ❑ Fisttlspa�vn areas. Explain �ndin�s: ❑ Qther environmentAlly-sensitive specics. Explain tindings: 6A �aturs�! or meuti-mude discontinuity in the OHWM does not necessari{y sever jurisdiction {e.g., whcre the strennt temporsvily flows underground, or wherc the OHWM hus been removed by dcvelopment or agricultural prectices), Where there is u 6re�k in the QFfWM thut is unrelated io the �valerbody's f�ow regime (e.g.,l3ow over a rock ou�crop ar tEtrau;sh a cu{vert), the ugencies �vill loolc for indicalors of tlow ubove und bclow the 6reuk. 'fbid. -4- ❑ Aguatic/wildlife divcrsity. Cxplain findings: 2. ChAracteristics of wctlands adjacent to non-TNW that (lo�v directly or indirectly into TNW (i) Physicul Chaructcristics: (a) Genernl WetEand hnractcristics: Properties: WetEand size: acres Wetlnnd type. Explain: Wetlar►d quality. Expini�t: PmjecE wetlands cross or serve as siate boundaries. Explain: (b) General FEow Relntionship with Non-TNW: Flow is: .P,€ck°Lfs�. Explain: Surface flow is: Pick List Chanscicristics: � Subsurfacc flow: Pic[t List. Explain Sndings: ❑ Dye {or other} test performed: (c) Wet1F►nd Adiacencv Detcrminatior► with Non-TNW: ❑ Direcily abutting ❑ Not directly ahutting ❑ Discrete wetiand hydrologic connection. Explain: ❑ Ecologicgl conne�tion. Explein: ❑ Separated by bemilharrier. Explain: (d) Proximity[Relatianshin) ta TNW Project wetlands arc Pi'ckLis`� river miles from TNW. Project waters ure PicleLis� Aerial (strnight} miles from TNW. Flaw is from: Pi�k_Lis� �sEimate approxirnate location of wetland as within the Pick�List Aoodplain. (ii) Chemicul ChArActeristtcs: Characterize wetland system (e,g„ watcr color is cleur, brown, ai[ fi[m on surface; wuter qaality; genernl watershed cheracteristics; eto.). Explain: Identify specif e pallutanEs, if kno�vn: (iii) BiologicAl Churacteristics. Wetlund supparts (check nll thut npp[y): ❑ Riparian buffer. Characteristics {type, Avernge width): ❑ Vegetation typc/peroent cover. Exp[ain: ❑ Habitat far: ❑ Fcdcrally Listcd species. Explain findings: ❑ Fishlspawn areas. Expfain Hndings: ❑ Othcr enviranmentully-sensitivc species. Explain findings: ❑ Aquatic/wildlife diversity. Expinin findings: 3, Characterisiics of all wetl�nds adjncent to thc tributary (if ttny) AII tivetland(s) being cansidered in the cumu[ative anulysis: Piek L"tst Approximately acres in total are being cansidered in thc cumulative analysis. For cAch wctiand, specify thc following: DirectlY_ab�tS7 LYMl Size fin acresl Directly abuts? (Y/Nl Si��in acres) Summarize overal] biologicai, chemical and physical functians being performed: C. 51CNIFICANT NEXUS DETERMINATION A significnnt nexus anttlysis will Assess tl�e Ilow charActeristics nnc� funetions of the frihutury itself And the functions performed by any wetlunds udjacent ta the tributary to determine if they signiiicnntly �ffect the chemical, physical, and bialogicAl integrity �� of a TN\V. For each of thc follo�ving situations, A signific�nt nexus exists ifthe tributAry, in comi�inatian with all of its udjncent wetlands, has more than n speculntive or insubstnntinl eFlect an thc chemicnl, physical ondJar biofogicAf integrity ofn TMV. Considerutions ►vhen ev�luaYing significant nexus include, bu# nre not limited to the volume, duration, and frequency oP the flaw of water in the tributnry and ifs proximity ta n TNW, und tiie functions performed by the tributary und all its udJacent wetlands. It is nat nppropriate to determine signifcant nexus bnsed solely on any specific threshold of distance (e.g. between n tributury and its ttdjncent wctlund or behveen a tributnry �nd the TNW). Similurly, N�e 1'act un Adjucent wetlund lies within or outsfde of A noodpinin is nnt solely dcterminutivc of signifc�nt nexus. Draw connections betwcen thc fcuiures documented nnd the effects on the TI�IW, os identified in tho Raparras Guidnncc �nd discussed in the InstructionAl Guideboak. Tucturs ta cansider include, for exAmple: • �oes tE�e trib�tnry, in cam6ination with its adjacer►t wetlands (if any), have the capacity to carry pollutnnls or iload waters to '1'NWs, ar to reducc the nmount ofpollutnnts ar fload waters rcaching a TN W7 • Does the tributtuy, in combination with its adjacent wetlands (i#'any), provide habitat end lifecycla support functions for fish suid other species, such as feeding, nestin�, spuwning, or rcaring young for species that nre present in the TNW7 • Does thc tributary, in com6ination with its udjacent �vctlands (if any), E�ave the capacity to transfer nutrients nnd orgnnic cArbon thAt support downstream faodwebs7 • Does the tributary, in combination �vil�t its adjacent wetlands (if nny}, hAve other relationships to the physical, chemical, ar hiological inEcgrity of thc TNW? Note: the uUove list of considerot'sons is not inclusive and other functions observed ar known fo occur should be documented bclow: Signi�cunt nexus findings far non-RP�V that has na ttdjncent wetlAnds and ilows directly or indircctly inta TMVs. Explain iindings of presence or absence of si�niflcunt nexus below, besed on the trihutury itsel P, then go tn Seclion III.D: Signiticunt nexus findings for non-RP1V and its �djncent wcNunds, where thc nan-RPW llarvs directly ar indirectly into TNVVs. Explsin Fndings oF presence or absence of significant nexus belaw, based on the tributfsry in combination with all of its adjacent wedunds, then ga to Section 1[Lq: 3. 5ignificunt nexus �ndings for wetlnods ndjacent to nn RPW but thnt da not directly a6ut the RPW. Expluin #indings of presence or absen¢e vf signi�cttnt nexus belaw, bused on the tributary in combination with all of its adjacent wetlands, then go to Sectian 11LD: D. DETERMINATIONS OF JURISDICTIONAL F�NDING5. THE SUBJECT WATER5ILVETLANDS ARE (CHECK AL,I� THAT APPLY): TNWs und Ad�ucent Wet[nnds. Check ali that apply and provide size estimates in review area: ❑ TNWs: linear feet, wide, Or ACfCS. ❑ Wetlands �dj�cent ta TTfWs: acres. RP�Vs thut 11ow directly or indirectly into TNWs. ❑ Tri6utnries of TT1Ws where tri6utaries typicaliy flow year-round sue jurisdictianaf. Provide data und rationafe indicating th�t tributary is perenniul: ❑ Tributaries of TN W where tributaries huve cantinuous #low "seasonally" (e.g., typically threc rnonths each ycar) �e jurisd9cEianul. Data sapparting this canclusion is provided ut Section III.B. Provide rationale indicating thaE tributary ilows seasanally: Provide estimates for jurisdictional waters in the review areu (check ull that apply): ❑ Tributary waEcrs: linear t'eet ►vide. ❑ Other non-wctlfutd watcrs: acres. [dentify type{s) af waters: 3. Non-RPWs° that fiotiv directly or indirectly into TNWs. ❑ Waterbody Ihat is not uTT1W or an RAW, but flows directly or indirecdy into a'INW, and it h�,s n significant nexus tivith a TNW is jurisdictional. Datu supparting this canclusion is provided �t Section III.C. �rovide estimutes far jur9sdictiona! waters within the revie�a area (check all chat Apply): ❑ 'frihuEary waters: lineur fcet, wicfc. ❑ Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RP1V thAt 1]ow direck[y or indirectly into TNWs. ❑ Wetlands directly abut RPW and Ihus are jurisdictianul as adjacent wetlands. '3ee Faatnote # 3. -b- ❑ Wetlands directEy aUuiting an (2AW whcrc tributaries rypically Row year-round. Provide dttt�► And ralionAle indicuting that lributFuy is perennial in Sectian IILD.2, above. Provide rationule indicntins ihat wetland is directly a6utting an RPW: ❑ Wetlands directly abutting an FtPW where tributaries typically flow "setssonally." Provide data indicating thut tributary is seasonAl in Section III.B and rtitivnale in Se¢tian III.D.2, above. Provide rutionAle indicating thnt wetland is directly abutting an RPW: Pravide ncreuge estimAtes for jurisdictionnl wetlands in lhe rcview nrea: acres. 5. Wetlunds adjncent to but not directly obutting an RP�V that tlow direcNy or indirectly into TNWs. ❑ Wetlnnds thAt do not directly abut un RPW, but �vi►en considcred in combination with the tributAry to which they are adjAcent and with similsuly situated AdjAcent wetlunds, have A signi�cAnt ncxus with a TN W arc jurisidictional. Dnta supparting this conclusion is provided at 5ection III.C. Provide acreage estimntes for jurisdictional wetlands in the rcvic�v arca: acres. 6. Wetlandsndjucent to non-RPWs that flow direcily or indirectly into 7'NWs. ❑ WeElands adjncent to suci� waters, and have when considered in comhination with the tributury to �vhich they arc adjacent and with similarly situated adjacent wetiands, huvc a significant ncxus with a TNW are jurisdictionai. Data supparEing this conclusion is provided at Section III.C. Provide estimutes far jurisdictional wetlands in the revietv area: acres. 7. Impoundments af jurisdictiona! wntcrs' As A general rule, the impaundment af a jurisdictional tributary remains jurisdictionnl. ❑ Demvnstrnte that impnundment was created from "waters of thc U.B.," or ❑ pemonstratc that �vater meets the criteria far one of the categaries presented above (1-5), or ❑ Demonstrate that tvater is isolateci with a nexus to comrncrcc (sec E bcla�v}. E. ISOLA'f�ll �INTERSTATE OR INTRA-5TATE� WATERS, INCLUDING 1SOLATED �VETLANDS, TH� USE, DEGRADATION OR DCSTRUCT[ON O�' WHICH COULD AFFECT IMTERSTATE COMMERCE, INCLUDI]�iG ANY SUCH WATERS (CHECK ALL THAT APPLY}:1° ❑ which ure or could be usad by interstnte or foreign travelers for recreational or other purposes. ❑ 1'rom which fish ar shellfish t�re ar could be talcen nnd sold in intcrstatc or foreign commercc. ❑ which arc or could be used for ind�sirial purposes 6y industries in interstate commerce. ❑ fnterstate isolated waters. Explain: ❑ Other f�ctors. Explain: Identify w�ter body und summnrize ratianule supPorting detcrminntion: Provide estimates for juriSdictional �vaters in the revie�v area (eheck �Il thaE epply}: ❑ Tributary waters: linear feet, wide. ❑ Other non-wetland waters: gcres. Identify type(s) of waters: ❑ Wetlnnds: acres. F. NON-JURISDIC'I'IONAL WATERS, iNCLUDING WE'i'LANDS (CHECK ALL THAT APPLY): ❑ If potent9ul wetlnnds were �.ssessed withir� the review area, these areas did not meet the criterin in the 1987 Corps oiEngineers Wetland Delineatian Munual and/or appropriate Regianul Supplements. ❑ Revicw �rea included isolated waters with no substantiAl nexus ta interstate (or forei�n) commerce. ❑ Prior to the Jan 204I Supreme Caurt decision ir� "SIYANCC," the revicsv uren would have becn regu[ated based solelv an the "Migratory Bird Rula" (MBR). ❑ Waters do not meet the "Signiticant Nexus" Standard, where such a finding is required for jurisdiction. Explain: � Other: (explain, 9f not cavered above): An up[and du� pond was invcstigatec�. It was found to be excavutcd cntirely in upf�nds nnd draining only uplunds. 9 To comple�e the enalysis rcfer ta the key in Section IfI.D,6 of the lnsEructiona! Guidebaok. 10 Prinr to Asscrtieg or dcclining C1VA jurisc�[clion based solely on this cutegary, Corps Dislricts �vlll elevale tlic nction lo Carps and EPA HQ for review consislmt with the process Jescri6es3 In the Carps/�PA A�emorarrdunr Regardfng Cl i'R r1c1 Jrrrlsdlc�iarr �alTa�vlu� Rnpanos -7- Provide acrcagc cstimntes for nan jurisdictional �vaters in the rcview arect, tivhere the soie pntential busis af jurisdictian is the MBR fectors (i.e., presence oi'migratory birds, presencc afendangered species, use af�vater for irriggted agriculture), using best professionAl judgment (check ull thAt npply): ❑ Non-�vecland tivaters {i.e., rivers, strenrns): linear feet, tivide. ❑ Lakeslponds� acres. ❑ pthcr non-wetl4ttd waters: acres. List type of aquatic resvurce: ❑ Wetlands: aeres. Pravide acreage estimates for non jurisdictionnf waters in the revie�v area thtit do not meet the "Significant Nexus" stnndnrd, whcre such a finding is required for jurisdiction (check ull ti�nt upply): ❑ Non-wetland wuters (i,e., rivers, streams): linenr fcet, �vide. ❑ I,plces/ponds: Acres. ❑ Other nan-�vetland ►vaters: acres. List type of aquatic resource; ❑ Wetlnnds: acres. SECTION IV: DATA SOURCES. A. SUPPOR'CING DAi'A. Dutn reviewed for JD (check nII thut Appiy - checked items shali be included in cAse flc c►nd, whcre checked �nd requested, appropriately rcference sourCes belaw): � Mnps, plans, plots or plat submitted by or on bchal#'of the applicandconsultant: ES� � Data sheets preparcdlsubrrtitted 6y or vn beh�lf of the applicanVconsultan� � Office concurs with data sheetsldelincation repvrt. ❑ Offce does not concur with datn sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigab�s waEers' study: � U.S. Geological Survcy Hydrologic Atlsu: � USGS NHD datn. ❑ USCS 8 and i2 digit HUC maps. � U.S. Geologicai Survey map{s). Cite scale & quAd nzune: 1:24K; lYC-NE1V HILL � USDA Nutural Rssources Conservation Scrvice Soil Survey. Citation: We�soil survey � Nstional wetlands in�entory map{s). Cite name: State/i.ocal wetland inventory map(s): ►/ ■ ►/ ■ ■ ■ ►�1 FEMAIF[RM maps: lU0-yc�r Flaodplain Elevation is: (Nationa� Geodectic Vertica[ Datum of i929) Photngraphs: � Aeriul (i+Iame 8c Date): or ❑ Other (Namc & Ratc}: Previous determination{s). File na. nnd date af response Ick#cr: Applicablelsupporting ct�.se law: Applicable/supporting scientifc liierature: Qthcr information (please specify): Site visit on Nnvember 15, x016 B. ADDITIONAL. COMMENTS TO SUPPOR'T JD; PRELIMINARY JURiSDICTiONAL DETERMINATION (PJD) �'ORM BACKGROi)ND INFQRMATION A. REPORT COMPLETION DATE FOR PJD: FebruAry 7, 2016 B. NAME AND ADDRESS OF PERSON R�Q[1�STING FJD: Parksidc Develo mcnt Grou LLC Attn: BrAd ZAdell P.O. Box 1438 A ex NC 27�02 C. DISTRICT OFFIC�, FILE NAME, AND NUMBER: CESAW-RG-R Olive Farms SAW-2017-00235 D. PROJECT LOCATIQN(S) AND BACKGROUND INFORMATION: The ra'cct site is s� roximutel 202 ACCCS IOCAtCa A[{fACCRt tb H11I171C OI1V8 RC�., ncar tE�e town of Apex. Wakc CounEv, North CarolinA. Ple�sc sec the uttachcd ma entitled "PrcliminA Delineution results Oli�e Farm RoAd Parccls" dated Nnvcmber 2016 und the bclow #uble far aaaroximnte size And locution of aauatic resources_within the rcvie�v �rea. (US� THE TABLE BELOW TO DOCUMENT MULTIPL� AQUATIC R�SOURC�S AND/OR AQUATIC RE50URCES AT DIFF�RENT SIT�S) State: North CArolina County/parish/borough: Wnkc Ciry: Apex Center coordinates af site (laUlong in degree decimal format): Lat.: 35.6973° Long.:-78.921�t° Universal Trans�erse Mercator: Name of nearest waterbody: Beuver Creck E. REVIEW PERFQRMED FOR SITE �VALUATION (CHECK ALL THAT APPLI�: ❑ Offce (Desk} Determinatian. Date: � Field Determination. Date(s): November 1S, 2016 TABLE OFAQUATIC RE$OURCES INREVIEWAREA WHICH "MAY BC" SUBJCCT TO REGULATORY �URISDICTION. Site Latitude (decimal Longitud$ Estimated arnount af Type of aquatic Geograpttic authority ta Nurnber degrees) (decimal degrees) aquatic resources in resources {i.e., which the aquatic resource review area {acreage wetland vs. non- "may be" subject {i.e., and linear feet, if wetland waters) Section 404 or Section a licable 1U1404 WL,A 35.649'1 -789176 1 acre Wetland Section 404 Wi.B 35.6990 -78.9I60 1 acre Wetland Sectian 404 WF.0 35.6998 -789156 4.2 acre Wetland 5ection �d4 WLD 35.70Z2 -789155 1 acre Wedand 5ection 4Q4 WPA 35.6964 -78.9199 0.2 acre Wetland Section 404 WVA 35.70U2 -78.9l6L 4.5 acre Wetlund Sectian 404 WVB 35.6963 -78.9240 0.2 acre Wetland Section 4Q4 WVC 35.69Q4 -78.9237 l acre WetlAnd 5ectian 4QA WHC 35.703b -78.9204 0.2 acre Wetland Section �404 WHD 35.6955 -78.9239 0.2 acre Wetland Section 404 SLA 35.7011 -78.9151 600 linear feet Non-wetIand Section 404 SLB 35.6958 -78.9241 400 linear Feet Non-wetlanci Section 404 SI.0 35.6994 -78.9234 5041inear feet Nan-wetland Section �0� SHA 35.6990 -78.9157 2S0 linear feet Non-wetland Section A04 SHB 35.6996 -78.9157 7S0 linear feeE Non-wetland Section �404 SVA 35.6939 -7$.9237 500 linear feet Non-wetland 5ection 404 SPB 35.6973 -78.9194 400 linear feet Non-wetland Section 404 SWA 35.7034 -78.9204 U.3 acre Nan-wetland Section 404 Pand t 35.b97 -78.924 3 acres Non-wetland 5ection 404 1) The Corps of Engineers believes that there may be jurisdictior�a! aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and abtain an approvec! JD {AJD) for that review area based an an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permiE applic�t obtains an individual permit, or a Nationwide General Permit {NV4�P) or other general permit varificatian requiring "pre- construction notification" (PCN), or requests verificatian for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a perrnit authorization based on a P.fD, which does not make an official determination of jurisdictional aqustic resources; (2} the applicant has the option to request an A.fD before accepting the terms and canditions ofthe permit authorization, and that hasing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different speciai conditions; {3) the applicant has the right to request an individual pestnit rather than accepting the terms and conditians of the NWF or other general permit authorization; {4) the applicant can accept a permit auEhorizatian and thereby agrea to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps �as determined to be necessary; {5} undertaking any activity in reliance upnn the subject permit authorization without reyuesting an A]D constitUtes the applicant's acceptance of the use of the PJD; (6} accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit a�thorization hased an a PJD constitutes agreement that ail aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrakive or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; ttnd (7) whether the applicant elects to use either an AJD or a PJD, the .fD will be processed as saon as practicahIe. Fu�ther, an AJD, a proffered individual permit (and all terms and conditions contained therein), or indi�idual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 33 l. If, during an administrati�e appeal, it becomes appro�riate to rnalce an offcial cieterminakion whether geographic jurisdictian exists over aquatic resaurces in the review area, or to pr4vide an official deIineation of jurisdictional aquatic resources in the review araa, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD f nds that there "ntay be" waters of the U.S. and/or that there "may be ° na�igable waters of the U.S. on the 5ubject review area, and identifies all aquatic features in the review area that could be affected by the praposed activity, based on the following information: SLFPPORTING DATA. Dntn rcvieFved for P.TD {check all thAt Apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for a!l checked items: � Maps, plans, pIots or pla# submitted by or on hehalf of the P]D requestor: Map: ESI � Data sheets prepared/submitted by or on behalf of the PJD requestor. � Offce concurs with data sheets/de�ineation report. ❑Officedoesnotconcurwithdatasheets/delineationreport. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: � U.S. Gealagical Survey Hydrologic Atlas: Simsuite data set � USGS NHD data. ❑ USGS 8 and !2 digit HUC maps. � U.S. Geological Survey mup{s). Cite scale & quad name: NC-New Hill � NaturaF Resources Conservation Service 5oi1 Survey. Citation: websoil survev � Natio�al wetlands inventory map(s). Cite name: Simsuite dataset ❑ State/local wetland inventory Fnap(s}: � FEMA/FIRM maps: Simsuite data set ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) �Photographs: �Aerial {Name & Date}: Undated or ❑Other (Name & Date}: ❑ Previous deterntination{s). Eile no. and date of response letter: � Otherinformation{pleasespecify}: Site visit on November 15. 2016 IMPORTANT NOTE: The intorm�tion rccorded on this farm has nat necessnril� bcen veri�ed bv thc Corps And should not be relied upon for_ luEcr 'urisdictiopAl detcrminAtians. � �� Signatu and dat fRegulato staff inember completing P3D 5ignature and date of person requesting P!D (REQl1IRED, unless obtaining the signature is impracticab2e) l � Districis mny establish timeframes far requester ta relurn signed PJ� forms. If the req�esler does not respond wilhin lhe established time frame, the district may presume concurrence und no additionnl folEow up is neccssary prior to finnlizing nn nction. ?Y�'�6��'�`�"�QI1i ,O� Al]]4S�`T�TRA�IYE APPF;�iL OPT�O�(� �.,'� ���:['�SS A?�D R�.(�[�ES'� �Ol� �.PP�'�A�, ApQlicant: Brad Zadel! Fiie Numher: SAW-2017-p0235 Date: Febr�ury 7, Z017 Purkside Develonment Groun. LLC Attached is: 5es Section below INITIAL PROFFERED PERMIT Standard Permit or %etter of ermission A PROFFERED PERMIT Standard Fermit or Letter of ennission B ❑ PERMiT DENIAL C APPROVED JURISDICTIONAL DETERM[NATION D PRELiMINARY .iURISDICT[ONAL DETERMINATION E SEC�ION I• The following iden#i�es your rights and options regardi�g an administrative appeal of the above decision. Additional inforrnation may be found at htta://www.usace.arm�millh4issionslCivilWorkslRegulatoryPro�ramandFermits.as�x or Corps regulatians at 33 CFR Aart 33i. A: INITIAL PROFFERED PERMIT: Yau mAy Accept or objcct to the permit. * ACCEPT: If you recei�ed a Standard Psrmit, yau may sign the permit document and return it to the district engineer for finai authorization. If you received a Letter of Permission (LOP), you may accept the F.OP and your work is authorized. Your signature on the Standard Per�nit or acceptance of the LOP means that you accept the permiE in its entirety, and waive all rights to appeal the permit, including i4s terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If yau object to the permit (Standard or LOP) because of certain terms and canditions therein, you may request that the permit be modified accordingIy. Yau must cornplete Section II of this form and returri 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 yau will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer wiIl evaluata your objections and may: {a) modify the perniit to address all of your concems, (b) modify the permit to address some of your objections, or (c} not modify the permit having determined that the permit sttot�ld be issued as previously written. After evaluating your objections, the district engineer wiil send you a proffered perrnit far your reconsideration, as indicated in Section B below. S: FR�FFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a 5tandard Permit, you may sign the pennit document and return it to the diskrict engineer far final authorization. Ifyou received a Letter of Permission (LOP), you may accept the L,�P and your work is authorized. Yaur signature on the Standard Permit or acceptance of the I,OP means that yau accept the permit in its entirety, and waive a!I rights to appeai the permit, including its terms and conditions, and appraved jurisdictional deterrninations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions Ehsrein, you may appeal the cleclined perrnit under the Corps of Engineers Administrative Appeai Process by compleEing Section ll af this form and sending the form Ea the division engineer. This farrn must be received by the divisian engineer within 60 days of the date of this notice. C: FERMIT DENIAL: You may appeal the denial of a perrnit under the Corps of Engineers Administrative Appeaf Process by co►npleting Section II of this farm 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 dURISDICT[�NAL DETERMINAT[ON: You inay accept or appeal the approved JD or provide new information. • ACCEPT: You do not neec� to notify the Carps ta accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, rr�eans that you accept the approved 3D in its entirety, and waive all rights te appeal the appraved JD. • APPEAI,: If you disagree with the approved JD, you may appeal the approved JD under the Corps af Engineers Administrative Appeal Process by completing Section II of this farm and sending the form ro the district engineer. This farm must be received by the division engineer witHin 60 days of the date oithis notice. SA1V-2017-00235 E: PRELIMINARY ]URISDICTIONAL DETERMINATION: You do not need to respond to tha Corps regarding the preIiminary JD. The Prelirninary JD is not appealable. If you �vish, you rr3ay request an approved dD {which may be appealed), by contacting the Corps district for further instruction. AZso you may provide new information for further consideration by the Cnrps to reevaluate the JD. SECsTION II� - RE UEST T�OR,APPEAL or OBJE�TIONS TO AN IN1TdAL PR��FERED PERMIT REA50NS FOR APPEAL OR OBIECTIONS: (Describe your reasons for appealing the decision or yovr objections ta an initial prof#'ered permit in clear concise statements. You may attach additional information to ihis form to clarify where your reasons or objectia�s are addressed in the administrative record.) ADDITIONAL INFORMATIQN: The appeal is limited to a review of the administrative record, the Corps memorand�m for the record af the appeal conference or meeting, and ar�y supplemental infarrnation that the revisw officer has determined is needed ta clarify the adtninistrative record. Neither the appellar�t nor the Car�s may add new information or anaIyses to the record. Howe�er, you may provide additional information to clarify the location of info�rnation that is already in the administrative record. POIN'T O� CO�iTAC�' FOR UESTIONS OR INFORMA�TION: If you have questions regarding this decisian and/or the If you only have questions regarding the appeal process you may appeal process you may contact: a�so contact: District Engincer, Wilmington Regul�tory Division, Mr. Jason Steele, Administrative Appea! Review Officer Raleigh Regulutory Ficld O�ce CESAD-PDO Attn: James LaStfnger, Regulatary Project Manager U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 ForsyEh Street, Room l OM 15 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32 Phone: 404 562-5137 RIGHT OF ENTRY: Yaur signature beIow grants the rip,iit of entry to Corps of Engineers personnel, and any government consultants, ta conduct in�estigations oFthe project site during the course of the appeal process. You wili be provided a 15 day notice of an site investi atian, and will have the o ortunit to artici ate in all site investi atians. Date: Telephone number: Signature of a ellant or agent. Far pnpenls on InitiAl Proffered Permits send tf�is form to: Distriei Cngineer, Wilmingtnn Regulatary Division, James Lastinger, For Pcrmit denials, Proffered Permits und Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, Soutl� AtlAntic, Attn: Mr. Jason Steele, Administrutive Appeul Officcr, CESAD-PDO, 60 Forsyth Strect, Room 1OM15, AtlAnts�, Georgia 3Q303-880I Phone: (444) Sfi2-5137