20190514 Ver 1_Rolesville E Young St Sidewalks Signed and Final MCDC(1)_20190419

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MINIMUM CRITERIA DETERMINATION CHECKLIST
For
E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC
The following questions provide direction in determining when the Department is
required to prepare environmental documents for state-funded construction and
maintenance activities. Answer questions for Parts A through C by checking either
“Yes” or “No”. Complete Part D of the checklist when Minimum Criteria Rule
categories #8, 12(i) or #15 are used.
TIP Project No.: Not applicable. The project has a WBS number (44823). The project’s
design and environmental assessment are being used as part of an application for funding
from the Capitol Area MPO (CAMPO) under its Locally Administered Projects Program
(LAPP).
State Project No.: Not applicable (see comment above).
Project Location: Southeastern corner of the Town of Rolesville, Wake County, NC.
See Figure 1 Project Location Map in Appendix A.
Project Description: The project is the construction of a pedestrian sidewalk with curb
and gutter along E. Young Street/Rolesville Road from approximately 325 feet north of
US 401 (Rolesville Bypass), through the bypass intersection and on to approximately
1,420 feet south of the Rolesville Bypass at Quarry Road. The center of the project site
is located approximately 0.75 mile east of downtown Rolesville in the northeast portion
of Wake County. Please see the Figure 1, Project Location Map, Figure 2, Project
Vicinity Map and Figure 3, Proposed Sidewalk Renderings on the following pages.
Anticipated Permit or Consultation Requirements: The proposed sidewalk would
impact 0.018 acre (779.29 square feet) of one 0.27-acre wetland area on the north side of
Rolesville Road. A Preliminary Jurisdictional Determination (PJD) request has been
submitted to the United States Army Corps of Engineers (USACE). Depending on
USACE’s decision, the project has the potential to require a Section 404 Nationwide
Permit and an associated Section 401 Water Quality Certification. Wetlands are
included in Figure 4, Environmental Features Map in the following pages.
Special Project Information: See Anticipated Permit or Consultation Requirements
above.

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PART A: MINIMUM CRITERIA

Item 1 to be completed by the Engineer. YES NO
1. Is the proposed project listed as a type and class of activity allowed under
the Minimum Criteria Rule in which environmental documentation is not
required?

If the answer to number 1 is “no”, then the project does not qualify as a
minimum criteria project. A state environmental assessment is required.

If yes, under which category? 19 NCAC 02F.0102 Minimum Criteria #2
If either category #8, #12(i) or #15 is used complete Part D of this checklist.

PART B: MINIMUM CRITERIA EXCEPTIONS

Items 2 – 4 to be completed by the Engineer. YES NO
2. Could the proposed activity cause significant changes in land use
concentrations that would be expected to create adverse air quality
impacts?

3. Will the proposed activity have secondary impacts or cumulative
impacts that may result in a significant adverse impact to human health
or the environment?

4. Is the proposed activity of such an unusual nature or does the proposed
activity have such widespread implications, that an uncommon concern
for its environmental effects has been expressed to the Department?

Item 5-8 to be completed by Division Environmental Officer.
5. Does the proposed activity have a significant adverse effect on wetlands;
surface waters such as rivers, streams, and estuaries; parklands; prime or
unique agricultural lands; or areas of recognized scenic, recreational,
archaeological, or historical value?

6. Will the proposed activity endanger the existence of a species on the
Department of Interior's threatened and endangered species list?

7. Could the proposed activity cause significant changes in land use
concentrations that would be expected to create adverse water quality or
ground water impacts?

8. Is the proposed activity expected to have a significant adverse effect on
long-term recreational benefits or shellfish, finfish, wildlife, or their
natural habitats

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If any questions 2 through 8 are answered “yes”, the proposed project may not qualify as a
Minimum Criteria project. A state environmental assessment (EA) may be required. For
assistance, contact:

Manager, Environmental Analysis Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
(919) 707 – 6000
Fax: [phone]

PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS

Items 9- 12 to be completed by Division Environmental Officer. YES NO
9. Is a federally protected threatened or endangered species, or its
habitat, likely to be impacted by the proposed action?

10. Does the action require the placement of temporary or permanent
fill in waters of the United States?

11. Does the project require the placement of a significant amount of
fill in high quality or relatively rare wetland ecosystems, such as
mountain bogs or pine savannahs?

12. Is the proposed action located in an Area of Environmental
Concern, as defined in the coastal Area Management Act?

Items 13 – 15 to be completed by the Engineer.
13. Does the project require stream relocation or channel changes?

Cultural Resources
14. Will the project have an “effect” on a property or site listed on the
National Register of Historic Places?

15. Will the proposed action require acquisition of additional right of
way from publicly owned parkland or recreational areas?

Questions in Part “C” are designed to assist the Engineer and the Division Environmental
Officer in determining whether a permit or consultation with a state or federal resource
agency may be required. If any questions in Part “C” are answered “yes”, follow the
appropriate permitting procedures prior to beginning project construction.
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PART D:( To be completed when either category #8, 12(i) or #15 of the rules are
used.)
Items 16- 22 to be completed by Division Environmental Officer.
16.Project length:Not applicable
17.Right of Way width:Not applicable
18.Project completion date:Not applicable
19.Total acres of newly disturbed ground
surface:
Not applicable
20.Total acres of wetland impacts:Not applicable
21.Total linear feet of stream impacts:Not applicable
22.Project purpose:Not applicable
If Part D of the checklist is completed, send a copy of the entire checklist document to:
Don G. Lee
State Roadside Environmental Engineer
Mail Service Center 1557
Raleigh, NC 27699-1557
[phone]
Fax [phone]
Email: [e-mail]
Prepared by: Date:
Lead Engineer
Reviewed by: Date:
NCDOT Division 5 Project Engineer for
Planning & Environmental Studies
Approved by: Date:
NCDOT Division 5 Project
Delivery Engineer
4/15/2019
4/15/2019
4/15/2019
Project Commitments

E. Young Street Sidewalk Project
Town of Rolesville, Wake County, NC
WBS No. 44823

• Environmental Commitments
o All standard procedures will be implemented to avoid or minimize environmental
impacts.
o All practical Best Management Practices (BMPs) will be included and properly
maintained during project construction.
o As a project requirement for PBO compliance, after completion, the construction
contract administrator will submit the actual amount of tree clearing reported in
tenths of acres to the NCDOT Environmental Analysis Unit. This information will
be submitted at:
https://connect.ncdot.gov/site/construction/biosurveys/Lists/Northern%20Long
%20Eared%20Bat/AllItems.aspx .
o The Town of Rolesville will identify final construction impacts to jurisdictional
features (streams, wetlands and riparian buffers) and will then apply for and
obtain environmental permits for the project as necessary from the USACE and
NCDEQ DWR prior to construction.

State Minimum Criteria Determination Checklist for
E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC

Appendix A

E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC Appendix A - Page 1 of 5

Appendix A.
Annotated Responses to Minimum Criteria Determination Checklist
Part A: Minimum Criteria
1. Is the proposed project listed as a type and class of activity allowed under the Minimum Criteria
Rule in which environmental documentation is not required? Yes. The project meets the
criteria of 19 NCAC 02F.0102 section (2) for minimum criteria which states, “Construction of
bicycle and pedestrian lanes, paths, and facilities” as being an indicator of the types and classes
of thresholds of activities at and below which environmental documentation under the NCEPA
is not required.
Part B: Minimum Criteria Exceptions
2. Could the proposed activity cause significant changes in land use concentrations that would be
expected to create adverse air quality impacts? No. Typically, a project that increases
vehicular access nearby and into otherwise undeveloped land uses has the potential to facilitate
or encourage future development on the undeveloped land uses. However, this is not the case
with pedestrian facilities. The project is the connection between two existing sidewalk
portions. As such it does not have the potential to increase, decrease or otherwise change
vehicular access to existing adjacent and nearby land uses. Therefore, there will be no changes
in land use or air quality.
3. Will the proposed activity have secondary impacts or cumulative impacts that may result in a
significant adverse impact to human health or the environment? No. Due to the nature of the
project, secondary impacts are not expected. While the finished sidewalk will represent a
cumulative increase in impermeable land space, the additional amount of impermeable area is
significantly offset by the abundance of open land surrounding the project. If nearby parcels
are built upon in the future, it is very likely that their impermeable surface contribution will
meet state and local ordinances for mitigation. Therefore, secondary and/or cumulative
impacts are not expected.
4. Is the proposed activity of such an unusual nature or does the proposed activity have such
widespread implications, that an uncommon concern for its environmental effects has been
expressed to the Department? No. The project is of the nature that is very typical municipal
projects. Therefore, no impact in this regard.
5. Does the proposed activity have a significant adverse effect on wetlands; surface waters such
as rivers, streams, and estuaries; parklands; prime or unique agricultural lands; or areas of
recognized scenic, recreational, archaeological, or historical value? No. Responses are
provided below for each considered identified:

E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC Appendix A - Page 2 of 5

a. Wetlands – No. The project study area contains three wetland areas of 0.12, 0.11 and 0.27
acres, respectively. These exist on the south, north and north sides of Rolesville Road,
respectively between Century Farm Road and Quarry Road. Because the proposed
sidewalk will be constructed on the north side of Rolesville Road, the 0.12-acre wetland
on the south side of Rolesville Road will be unaffected. The 0.11-acre wetland on the north
side of Rolesville Road will not be in new sidewalk’s path, therefore it will be unaffected.
The 0.27-acre wetlands on the north side of Rolesville Road will have 0.018 acre (779.29
square feet) of impact associated construction of the sidewalk. This impact amount is not
considered a significant and is able to be permitted under a Nationwide Section 404 Permit
and Section 401 Water Quality Certification Therefore, no significant adverse effects on
wetlands are expected with the project. The project’s Preliminary Jurisdictional
Determination request, which contains the above information is attached as Appendix B.
b. Surface Waters (rivers, streams and estuaries) – No. Two streams that are depicted on the
Soil Survey of Wake County are found in the project study area. Both are approximately
41 feet in length, located on the south side of Rolesville Road between Century Farm Road
and Quarry Road and are subject to the riparian buffer rule. Because the proposed sidewalk
will be constructed on the north side of Rolesville Road, these streams will be unaffected.
Therefore, no effects to surface waters are expected with the project. The above
information is also included in the attached Appendix B.
c. Parklands – No. The project will not require partial or full acquisition, or otherwise use of
any publicly owned parks, recreation areas (including recreational trails), wildlife and
water fowl refuges, or public and private historic properties. Additionally, none of these
land uses exist in the project area. Therefore, there are no impacts are anticipated in this
regard.
d. Prime or Unique Agricultural Lands – No. An approximately 630-foot long segment of
the project sidewalk will run along the north side of Rolesville Road between Century Farm
Road and Quarry Road. This segment will cover an area of Helena sandy loam, 2 to 6
percent slopes (HeB). Helena sandy loam is a Prime Farmland soil. Covering an area of
prime farmland soils would generally be an impact if it occurred in an area that was either
preserved for, or able to be used for agricultural use. However, this Prime farmland soil is
in an area with a zoning designation as residential for past several years. Therefore, the
project will not present a significantly adverse effect on prime or unique agricultural lands.
e. Areas of Recognized Scenic or Recreational Value – No. The project area lies within an
area of agricultural, residential and transportation land uses, is at the urban to rural fringe
and is likely not considered to have viewshed that are more exceptional than those
throughout northwestern Wake County. Also, there are no land uses in the project study
area that are zoned for or have land use designations denoting recreational. Therefore, no
impacts are anticipated in this regard.

E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC Appendix A - Page 3 of 5

f. Areas of Archeological Value – No. The project area has been disturbed for several years
with either agricultural or roadway uses. The North Carolina Department of Natural and
Cultural Resources, State Historic Preservation Office (SHPO) reviewed the project site
and determined that there are no historic resources that they are aware of that would be
affected by the project. SHPO’s letter, dated May 8, 2018 includes this discussion. It is
attached as Appendix C. Therefore, there are no impacts are anticipated in this regard.
g. Areas of Historical Value - No. The project will not require the partial or full acquisition
or use of a historic property that is either included in, or eligible for inclusion in, the
National Register of Historic Places (NRHP). The nearest NRHP listed property is the Dr.
Lawrence Branch Young House (NHRP #03000966) which is located 0.83 mile north-
northwest of the project. The project was reviewed by the SHPO and it was determined
that there are no historic resources that they are aware of that would be affected by the
project. SHPO’s letter, dated May 8, 2018 includes this discussion. It is attached in
Appendix C. Therefore, there are no impacts are anticipated in this regard.
6. Will the proposed activity endanger the existence of a species on the Department of Interior's
threatened and endangered species list? No. The project natural resources sub consultant
performed habitat assessments on September 6, 2018 and January 31, 2019 for threatened and
endangered species listed by the United States Fish and Wildlife Service (USFWS). No habitat
is present for any listed species, except for Michaux’s sumac (Rhus michauxii). According to
USFWS, the survey window for Michaux’s sumac is from May to October. No individuals of
the Michaux’s sumac species were observed in the project area during the survey window.
Therefore, there are no impacts in this regard. The Natural Environment FSM Checklist, East
Young Street Sidewalk Extension, Wake County, NC, and its associated memorandum, both
dated March 7, 2019, that summarize these findings are attached as Appendix D.
7. Could the proposed activity cause significant changes in land use concentrations that would be
expected to create adverse water quality or ground water impacts? No. Typically, the addition
of new roadways is a key factor in inviting future development in existing unbuilt areas and
proposals for increasing in land use concentrations. The project does not include roads. The
project will connect two existing sidewalks. However, are typically considered amenities and
do not have the potential to invite new or increased development by themselves. Hence there
would be no impacts in this regard.
8. Is the proposed activity expected to have a significant adverse effect on long-term recreational
benefits or shellfish, finfish, wildlife, or their natural habitats? No. These resources do not
exist within the project study area.

E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC Appendix A - Page 4 of 5

Part C: Compliance with State and Federal Regulations
9. Is a federally protected threatened or endangered species, or its habitat, likely to be impacted
by the proposed action? Yes. Please see the table below.

Species Federal
Status Impact Discussion
The species below is covered by a USFWS Programmatic Biological Opinion (PBO).
Northern long-
eared bat T Yes
The USFWS has developed a PBO in conjunction with the FHWA, USACE
and NCDOT for the Northern long-eared bat (NLEB) in eastern North
Carolina. The PBO covers the entire NCDOT program in Divisions 1 through
8, including all NCDOT projects and activities. The programmatic
determination for NLEB for the NCDOT program is “May Affect, Likely to
Adversely Affect”. The PBO provides incidental take coverage for NLEB and
will ensure compliance with Section 7 of the Endangered Species Act for five
years for all NCDOT projects with a federal nexus in Divisions 1 through 8.
The species below were reviewed by the project natural resources consultant on September 6, 2018 and January 31, 2019.
The associated Natural Environment Field Scoping Checklist is included in the attached Appendix D.
Cape Fear Shiner E No Project is not within known range of this species.
Red cockaded
woodpecker E No Project does not contain suitable RCW foraging or nesting habitat.
Dwarf
wedgemussel E No Although the project is located within the known range of this species, the
small streams in the project area have inadequate flow and substrate.
Tar River
spineymussel E No Project is not within known range of this species.
Yellow Lance T No Project is not within known range of this species.
Michaux Sumac E No
Although habitat is present within the project area, no individuals were
observed in the project area during the USFWS May – October survey
window.
Key: E – Endangered / T - Threatened

10. Does the action require the placement of temporary or permanent fill in waters of the United
States? Yes. The project sidewalk will traverse a 0.27-acre wetland area on the north side of
Rolesville Road. The associated impact will be 0.018 acre (779.29 square feet). This impact
amount is not considered a significant and is able to be permitted under a Nationwide Section
404 Permit and Section 401 Water Quality Certification. Therefore, while there will be some
fill in waters of the United States, the amounts thereof are considered minimal.
E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC Appendix A - Page 5 of 5

11. Does the project require the placement of a significant amount of fill in high quality or
relatively rare wetland ecosystems, such as mountain bogs or pine savannahs? No. The
project area does not include these types of wetlands.
12. Is the proposed action located in an Area of Environmental Concern (AEC), as defined in
the Coastal Area Management Act (CAMA)? No. The project area is well over 100 miles
away from the nearest CAMA AEC.
13. Does the project require stream relocation or channel changes? No. There are no streams in
the project area.
14. Will the project have an “effect” on a property or site listed on the National Register of
Historic Places? No. The project area was reviewed by the North Carolina Department of
Natural and Cultural Resources, State Historic Preservation Office (SHPO) and no historic
resources were found. SHPO’s letter, dated May 8, 2018 includes this discussion. It is
attached in Appendix C. Therefore, there are no impacts are anticipated in this regard.
15. Will the proposed action require acquisition of additional right of way from publicly owned
parkland or recreational areas? No. These land uses do not exist in the project area.

Part D: To be completed when either category #8, #12(i) or #15 of the rules
are used.
Note: All responses under this section (questions 16 to 22) are responded to as “Not Applicable”
because the project falls under #2 of the rules (see the response to question 1).

State Minimum Criteria Determination Checklist for
E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC

Appendix B

3040 NC Hwy 42 West; Clayton, NC 27520
P:919-606-1065 – F:919-585-5570

March 7, 2019

Mr. James Lastinger
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

RE: Request for Preliminary Jurisdictional Determination
East Young Street Sidewalk Extension
Wake County, NC

Dear Mr. Lastinger;

Carolina Ecosystems, Inc. (CEI) has completed a delineation of streams and wetlands for the
above referenced project. The attached information, including required forms, tables, and
figures, is submitted for your review and determination of jurisdiction under the Clean Water Act
(CWA).
Project Description & Methodology
As shown in Figure 1, the project is located in Rolesville, NC at the intersection of US-401 and
East Young Street. The study area lies within the Neuse River Basin (USGS Hydrologic Unit
03020201) and comprises approximately eight acres. This delineation was performed in
compliance with methodology set forth in the U.S. Army Corps of Engineers (USACE) Wetland
Delineation Manual (USACE 1987) and subsequent guidance including the Eastern Mountains
and Piedmont Regional Supplement. Streams were assessed for jurisdiction under the Clean
Water Act using field indications of ordinary high water mark and the NC Division of Water
Resources (NCDWR) Stream Identification Form Version 4.11.

Delineation Results

Figure 2 is presented using the Rolesville (2013) US Geological Survey 1:24,000 Quadrangle
Map. Figure 3 presents the results of the delineation, which includes two streams, and three
wetlands.

Table 1 presents detailed information on each aquatic resource within the study area, including
latitude/longitude, estimated amount and type of aquatic resource in the review area, and
geographic authority to which the resource may be subject. Based on field data, there is
approximately 81 linear feet of intermittent stream, and 0.5 acre of wetlands present within the
study area.

We respectfully request your review of this information so that a preliminary jurisdictional
determination under the CWA may be obtained. If you have any questions, need additional
information, or would like to schedule a site visit, please contact me at your earliest convenience
at [phone] or [e-mail].
East Young Street Sidewalk Page 2 of 2
March 7, 2019

Sincerely,

Rob Crowther
Project Scientist

Attachments:
- Jurisdictional Determination (JD) Request Form
- Preliminary Jurisdictional Determination Form
- Table 1: Preliminary Jurisdictional Determination Table
- Access and Agent Authorization Form
- Figure 1: Vicinity map
- Figure 2: USGS map
- Figure 3: Jurisdictional Features map
- Stream and Wetland Data Forms

Cc: Rob Ridings, NCDWR
Jurisdictional Determination Request
Version: May 2017 Page 1

This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.

ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]

RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]

WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]

INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Jurisdictional Determination Request
Version: May 2017 Page 2
A. PARCEL INFORMATION
Street Address: _______________________________________________
City, State: _______________________________________________
County:
Parcel Index Number(s) (PIN):
B. REQUESTOR INFORMATION
Name:
Mailing Address:
_________________________________________
Telephone Number: _________________________________________
Electronic Mail Address: ________________________________________
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant1
Interested Buyer or Under Contract to Purchase
Other, please explain. ________________________________________
__________________________________________________________
C. PROPERTY OWNER INFORMATION2
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
_______________________________________________________________________________________________________________________
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Multiple parcels; See vicinity map
Rolesville, NC
Wake
Various
Rob Crowther
3040 NC Hwy 42 West
Clayton, NC 27520
[phone]
[e-mail]
JG Ferguson - Parks & Recreation Dir.
PO Box 250
Rolesville, NC 27571
[phone]
4
Jurisdictional Determination Request
Version: May 2017 Page 3

D. PROPERTY ACCESS CERTIFICATION3,4

By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.

Print Name
Capacity: Owner Authorized Agent5

Date

Signature

E. REASON FOR JD REQUEST: (Check as many as applicable)

I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
I believe that the site may be comprised entirely of dry land.
Other:___________________________________________________________________
_______________________________________________________________________
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
See Attached Agent Authorization Form
Town of Rolesville sidewalk extension project.4
Jurisdictional Determination Request
Version: May 2017 Page 4

F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)

I am requesting that the Corps provide a preliminary JD for the property identified herein.

A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be “waters of the United States” or “navigable waters of the United States”on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional “waters of
the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
“preliminary” in the sense that an approved JD can be requested at any time. PJDs do
not expire.

I am requesting that the Corps provide an approved JD for the property identified herein.

An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional “waters of the United States” or “navigable waters of the United
States” are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other “affected
party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).

I am unclear as to which JD I would like to request and require additional information
to inform my decision.

G. ALL REQUESTS

Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.

Size of Property or Review Area acres.

The property boundary (or review area boundary) is clearly physically marked on the site.

8
4
4
4
Jurisdictional Determination Request
Version: May 2017 Page 5

H. REQUESTS FROM CONSULTANTS

Project Coordinates (Decimal Degrees): Latitude: ______________________
Longitude: ______________________

A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
 North Arrow
 Graphical Scale
 Boundary of Review Area
 Date
 Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
 Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
 Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
 Isolated waters, waters that lack a significant nexus to navigable waters, or non-
jurisdictional upland features should be identified as Non-Jurisdictional. Please
include a justification in the label regarding why the feature is non-jurisdictional (i.e.
“Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
 Wetland and non-wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non-wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.

Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)

____________________________________________________________________________
6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Jurisdiction/
35.9113
-78.4484
4
4
4
Jurisdictional Determination Request
Version: May 2017 Page 6

Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form7 and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form8

Vicinity Map

Aerial Photograph

USGS Topographic Map

Soil Survey Map

Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)

Landscape Photos (if taken)

NCSAM and/or NCWAM Assessment Forms and Rating Sheets

NC Division of Water Resources Stream Identification Forms

Other Assessment Forms

_____________________________________________________________________________
7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf
8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/

Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
4
4
4
4
4
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.: Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE” SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non-wetland
waters)
Geographic authority
to which the aquatic
resource “may be”
subject (i.e., Section
404 or Section 10/404)
See Attached Table
Rob Crowther, 3040 NC Hwy 42 West Clayton, NC 27520
NC Rolesville Wake
35.9113 -78.4484
Harris Creek
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on 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 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 AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) 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) 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) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD 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
authorization based on a PJD constitutes agreement that all 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 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 AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there “may be” waters of the U.S. and/or that there “may be” navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: ___________________________________________________.
Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report. Rationale: ___________________.
Data sheets prepared by the Corps: _______________________________________________.
Corps navigable waters’ study: ____________________________________________________.
U.S. Geological Survey Hydrologic Atlas: ___________________________________________.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: _______________________________.
Natural Resources Conservation Service Soil Survey. Citation: ___________________________.
National wetlands inventory map(s). Cite name: ______________________________________.
State/local wetland inventory map(s): _______________________________________________.
FEMA/FIRM maps: ____________________________________________________________.
100-year Floodplain Elevation is: ________________.(National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): ___________________________________________.
or Other (Name & Date): ____________________________________________.
Previous determination(s). File no. and date of response letter: __________________________.
Other information (please specify): _________________________________________________.
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
the signature is impracticable)1
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
Vicinity Map
Rolesville (2013) 1:24000 Quadrangle
2017 NC Statewide Aerial Photography
Rolesville Sidewalk
East Young Street
Aquatic Resources in Review Area March 2019
Table 1. Preliminary Jurisdictional Determination Table
Site Name Latitude Longitude
Estimated Amount
of Aquatic Resource
in Review Area
Type of aquatic
resource
Geographic authority to
which the aquatic resource
"may be" subject
Streams (linear feet)
SA 35.9113 -78.4485 40 Non-Wetland Water Section 404
SB 35.9127 -78.4497 41 Non-Wetland Water Section 404
Wetlands (acres)
WA 35.9113 -78.4485 0.12 Wetland Section 404
WB 35.9127 -78.4490 0.11 Wetland Section 404
WC 35.9117 -78.4484 0.27 Wetland Section 404

3040 NC Hwy 42 West; Clayton, NC 27520
P:919-359-1102 – F:919-585-5570

PROPERTY ACCESS AND AGENT AUTHORIZATION FORM

Property Information

Property Address and/or Description

East Young Street

City: Rolesville State: NC County: Wake Property Size (Acres): 8

Property Owner Information
Owner: Authorized Agent*:

Name: JG Ferguson

Title:

Parks & Recreation Director – Town of Rolesville

Street Address:

502 Southtown Circle

City: Rolesville State: NC Zip Code: 27571

*Written proof of authorization from owner required.

Authorization

I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of
the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of
conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.

Additionally, I hereby grant Carolina Ecosystems, Inc. (CEI) staff, their designated contractors and representatives, as well as
other Federal, State or local authorities access to the above referenced property when necessary for the purposes of conducting
on-site environmental consulting services. I also grant CEI the authority to act as authorized agent on behalf of the owner of the
above listed property for the communication, submission, and/or application to relevant government entities, including local,
state, and federal authorities, for the review, acceptance, concurrence, and/or approval of environmental information,
documents, and/or permit requests concerning the above listed property. These services may include regulatory determinations
of environmental features on my property such as issuing a determination associated with streams and wetlands. I certify that I
am the legal owner or authorized agent of the legal owner of the above property and have authority to grant such access. I have
made CEI aware of, and supplied all available records related to, previous environmental investigations on the subject property
of which I have knowledge.

Owner/Agent (signature) Date

Parcel Identification Number(s) (PIN)

Various Parcels (Roadside Right-of-Way)
Little RiverH a r r is C r e e k Bu
f
f
a
l
o
Cr
e
e
k
Perry Creek
C e d a r F o r k
S m i t h C r e e k
H o d g e s M i l l C r e e k
Sanford Creek
A ustin C reekToms Creek
Ho
mi
n
y
Cr
e
e
k
Fowlers Mill CreekHatters BranchAustin Creek
March 2019
Figure 1: Vicinity Map
Rolesville Sidewalk
East Young Street
Wake County, NC
0 10.5
Miles³Study Area
USGS Named Stream
Raleigh
Wake Forest
Rolesville
£¤401
£¤401
¬«96
¬«98
Project Location:
Wake County
Lat 35.9113 / Long -78.4484
WA
WB
WC
SA
SB
March 2019
Figure 2: USGS Map
Rolesville Sidewalk
East Young Street
Wake County, NC
0 200100
Feet³
Rolesville (2013) USGS 1:24,000 Quadrangle Map
Study Area
Intermittent Stream
Wetland
WA
WB
WC
SA
SB
March 2019
Figure 3: Jurisdictional
Features Map
Rolesville Sidewalk
East Young Street
Wake County, NC
0 200100
Feet³
2017 NC Statewide Aerial Photography
Study Area
Intermittent Stream
Wetland

3040 NC Hwy 42 West; Clayton, NC 27520
P:919-359-1102 – F:919-585-5570

PROPERTY ACCESS AND AGENT AUTHORIZATION FORM
Property Information

Property Address and/or Description

East Young Street

City: Rolesville State: NC County: Wake Property Size (Acres): 8

Property Owner Information
Owner: Authorized Agent*:
Name: JG Ferguson

Title:

Parks & Recreation Director – Town of Rolesville

Street Address:

502 Southtown Circle

City: Rolesville State: NC Zip Code: 27571

*Written proof of authorization from owner required.
Authorization

I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of
the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of
conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.

Additionally, I hereby grant Carolina Ecosystems, Inc. (CEI) staff, their designated contractors and representatives, as well as
other Federal, State or local authorities access to the above referenced property when necessary for the purposes of conducting
on-site environmental consulting services. I also grant CEI the authority to act as authorized agent on behalf of the owner of the
above listed property for the communication, submission, and/or application to relevant government entities, including local,
state, and federal authorities, for the review, acceptance, concurrence, and/or approval of environmental information,
documents, and/or permit requests concerning the above listed property. These services may include regulatory determinations
of environmental features on my property such as issuing a determination associated with streams and wetlands. I certify that I
am the legal owner or authorized agent of the legal owner of the above property and have authority to grant such access. I have
made CEI aware of, and supplied all available records related to, previous environmental investigations on the subject property
of which I have knowledge.

Owner/Agent (signature) Date

Parcel Identification Number(s) (PIN)

Various Parcels (Roadside Right-of-Way)
State Minimum Criteria Determination Checklist for
E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC

Appendix C

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

May 8, 2018

John Richards, III
A. Morton Thomas and Associates, Inc.
6131 Falls of Neuse Road, Suite 106
Raleigh, NC 27609

Re: East Young Street Sidewalk Project, Rolesville, WBS 44823, Wake County, ER 18-1004

Dear Mr. Richards:
Thank you for your letter of April 24, 2018, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,

Ramona M. Bartos

State Minimum Criteria Determination Checklist for
E. Young Street Sidewalk Project, Town of Rolesville, Wake County, NC

Appendix D

3040 NC Hwy 42 West; Clayton, NC 27520
P:919-606-1065 – F:919-585-5570

MEMORANDUM

TO: Mr. Bill Rice, PE; AMT Engineering

FROM: Phil May; Carolina Ecosystems, Inc.

DATE: March 07, 2019

RE: Natural Environment FSM Checklist
East Young Street Sidewalk Extension
Wake County, NC

Carolina Ecosystems, Inc. (CEI) is providing this memo to summarize the findings from the
September 6, 2018 and January 31, 2019 site visits to the East Young Street sidewalk extension
to conduct a wetland and stream delineation, as well as habitat assessments for species listed by
the United States Fish and Wildlife Service (USFWS) in Wake County. The completed Natural
Environment FSM Checklist is attached for your records.

The delineation identified two jurisdictional streams (UTs to Harris Creek [SA and SB] totaling
approximately 81 linear feet. Three wetlands were found to be present within the study area
totaling 0.5 acre.

Threatened and endangered species habitat assessments were performed. No habitat is present
for any listed species, with the exception of Michaux’s sumac. No individuals of this species
were observed.

If you have any questions, or need further information regarding this investigation, please call
me at your convenience at [phone] or email me at [e-mail].
Natural Environment FSM Checklist
TIP East Young Street Sidewalk
County Wake
Bridge Number N/A
Description Sidewalk Extension along East Young Street
Basin Neuse
Classification All streams - C;NSW
Stream Non 404 (y/n)No
USACE (y/n)Yes
Non 404 (y/n)No
CAMA (y/n)No
NC DWQ Buffer Basin y/n (if yes provide basin)Yes - Neuse River Basin
T&E Habitat (y/n, with explanation)
Cape Fear Shiner - No; Project is not within the known range
of species.
Red-cockaded woodpecker - No; See project comments.
Dwarf wedgemussel- No; Small streams with inadequate flow
and substrate. Project is located within known range of
species.
Tar River spinymussel - No; Project is not within the known
range of species.
Yellow Lance - No; Project is not within the known range of
species.
Michaux's Sumac - Yes; Habitat is present along roadside
treelines within the project.
CAMA AECs (y/n)No
Wild and Scenic River (y/n)No
Three wetlands were found in the study area.
Project does not contain suitable RCW foraging or nesting
habitat.
Michaux's Sumac was not observed during initial field
investigations in September 2018.
Completed by:Rob Crowther
Stream
Project Comments
Wetlands
Type
UT to Harris Creek (SA) - Intermittent
UT to Harris Creek (SB) - Intermittent
3/7/2019 1